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HSBC trying to collect on difference

Date: Fri, 02/20/2009 - 09:28

Submitted by anonymous
on Fri, 02/20/2009 - 09:28

Posts: 202330 Credits: [Donate]

Total Replies: 9


So heres the deal. I purchased a motorcycle using HSBC. I did a one year no payments. After a year I stopped/didnt get any statements. So after 2 months(past the one year mark) I sold my house and moved and gota call from a repo man. Saying I had to return it. ASked if I could pay it off in full to the bank or him. They said no. So I gave it back. a month goes by and they sold it at an auction. Now they want me to pay the difference that it sold for and what was owed. Also I received a letter from attoerney/counselors at law that they will sue if I dont comply. I gave the machine back WILLINGLY and said I would pay it in full and they refused.Then they Sold it at an auction for less. Can they make me pay?


How long ago was this and what state do you live in?

Have you gotten anything in the mail from an attorney or debt collector?

The short answer is yes, they can make you pay. They must take you to court and get a judgment, that is the only way. I am in a similar situation where I leased a car and 2 months at the end of the lease they wanted $13,300 in cash or check. I told them I didn't have it and they repoed the car. I still had 2 payments to make on it. First they told me I could finance it with them at the end and then they changed their minds. So it went to auction and they got $8,900 for it. The remainder, $4,400 is my responsibility which they do not deserve. I paid $12,000 to them in lease payments plus they got $8,900 at auction for a $13,000 car. That's $20,900!!!!!!!!

So I will not be paying them that amount, they are thieves and mislead people all the time. As a matter of fact people are outside of all 3 of this guys dealerships with signs saying not to buy from them.


lrhall41

Submitted by on Fri, 02/20/2009 - 10:57

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guest, I have to address this...

I disagree with your entire post....except when you said 'yes, they can make you pay'.

When you lease a car, you sign an agreement to make those payments, period. It doesnt matter what the car is worth, it doesnt matter how much more they already received--you signed an agreement. You made a promise to pay ____ amount of dollars. You failed to do so. Regardless of the book value of the car, you went into this arrangement willingly, and most likely you were fully aware of the fact that a car loses value over time.

I will also say this--your story doesnt add up. You said that they told you to pay $13,300, and when you said you couldnt, they repoed the car. This is not how a lease works. At the end of the lease period, you have the OPTION to either buy the car or turn it back in. It doesnt simply get repossessed if you dont cough up the agreed-upon residual value. You also said that you still had two months to pay on it--at this point, here's what I think actually happened in your case.

1--you leased a car.
2--you either could not make the last two payments or you refused to--either way, you were two payments behind.
3--they repoed the car because of those two payments, not because you didnt have the money to buy out the lease.

Also, leases are handled by the finance company, not by the dealership. So, at or near the end of your lease, the dealer would be way out of the picture. The bank is who you would be dealing with--so how does this make the dealership "thieves"?


lrhall41

Submitted by skydivr7673 on Fri, 02/20/2009 - 16:40

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