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car repo

Date: Fri, 02/01/2008 - 22:53

Submitted by anonymous
on Fri, 02/01/2008 - 22:53

Posts: 202330 Credits: [Donate]

Total Replies: 2


I've had my car repossessed and sold at auction. I am broke (obviously) and can not pay off the deficiency. They are willing to settle with 60% which I don't have. Since I own nothing, what is the usual course of action in California and esp with Capital One? My credit is already messed up.


I would get a second job and pay off my debts, then save up an emergency fund. After that I would save to pay cash for the cars I buy. If having a car is the imediate problem, if I could, I would borrow for a 1000 dollar car and take the extra income and tackle the debts.Getting the second job here is the key.


lrhall41

Submitted by on Sat, 02/02/2008 - 09:48

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Who has the account still -- Cap1, or did they sell it?

The normal course of action will probably be for them to sell off your account to a junk debt buyer. Then you will get collection calls/letters from the JDB from now until doomsday.

Depending on individual company policies, they may try to sue you for the balance. If they get a judgment, there's not much they can do other then garnish your wages or sieze your bank account. But the theory for them is that while you might not have money or assets now, you might in the future, and that's when they'll want come back for it.

You should treat this as you would any other debt, because it won't just disappear over time. But you can demand a calculation of your balance owed : 1) They should have sold your vehicle to the highest bidder at a public/private auction -- ask them for a bid history or auctioneer's receipt; 2) they should have applied the net proceeds from the sale of chattel (less auction fees) to your balance -- ask them for a copy of the bill of sale; 3) if you had an extended warranty, CL/AH insurance or GAP coverage, then those products should have all been cancelled and you should receive refunds on your account for those cancellations; 4) if your loan was precomputed (Rule of 78ths) interest method, there should be a Finance Charge Rebate for early termination. You can DV this balance like you would any other, and demand a calculation of your balance with proper credits for everything I mentioned above (if applicable to your loan).


lrhall41

Submitted by DebtCruncher on Sun, 02/03/2008 - 08:31

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