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    The Hits Just Keep On Coming

    I don't know if this is the right place to post this but here goes. Daughters car repo'd in am, atty filed bk in afternoon (after saying she'd do it a week prior but that's another story). Daughter so scared when car repo'd (people told her if she didn't turn over car, they'd call sheriff to arrest her) that she left her backpack in car that contained her camera, ipod, dvd player. She picked up the car yesterday and you guessed it, her backpack was empty. Repo people said "we didn't take anything", police dept said since car was in repo that it's a civil matter, not criminal. I know (and she knows) it was stupid for her to have these things in her car to being with but with that said, how come it seems like they all think this is OK? It's bad enough that she feels like a complete loser becuz of the bk7, now this. My heart is breaking for her and now I'm so mad I can't see straight! Thanks for letting me vent and thank you to everyone for all the information provided on this site, it's been invaluable.

    #2
    Ugh! That stinks! When my hubby's car was towed by the police, same type of thing happened to him. His prescriptions were missing from the glove box along with his CDs and a few other things. They claimed there was nothing in the car.

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      #3
      Originally posted by jrsmom View Post
      I don't know if this is the right place to post this but here goes. Daughters car repo'd in am, atty filed bk in afternoon (after saying she'd do it a week prior but that's another story). Daughter so scared when car repo'd (people told her if she didn't turn over car, they'd call sheriff to arrest her) that she left her backpack in car that contained her camera, ipod, dvd player. She picked up the car yesterday and you guessed it, her backpack was empty. Repo people said "we didn't take anything", police dept said since car was in repo that it's a civil matter, not criminal. I know (and she knows) it was stupid for her to have these things in her car to being with but with that said, how come it seems like they all think this is OK? It's bad enough that she feels like a complete loser becuz of the bk7, now this. My heart is breaking for her and now I'm so mad I can't see straight! Thanks for letting me vent and thank you to everyone for all the information provided on this site, it's been invaluable.
      yes this is very sad, but it is a lesson well learned. Lawyer needs to be smack for not filing on time because that may have saved car from being repo'd but you mite have had to call car company to tell them car was included in bk and they would have stop trying to repo it.. ( this is what i did and i still have my car which I havent paid on since april) but as you already know .. her items are a lost because 1. honestly she should have never had anything in that car and knowing it was possibly out for repo. but I know you feel like you all have been robbed and in a way you have been .. i would sue them although it would be near impossible to win... sorry again good luck
      *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
      *Last day to Objection 02/19/2008 :yahoo: [x]
      *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
      TransUnion 538 Experian 519 Equifax 531

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        #4
        I'm so sorry that happened.
        CJ
        341 on 8/3, determined NO ASSET
        60 day wait was over on 10/3/08. Discharged 12/23/08

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          #5
          I,m sorry as well. I work for a police department and as an administrator, I am always concerned about cars that are hauled away and the persons possessions inside. Sometimes even in the station when dealing with the person who had the car repossessed or towed, I feel sorry for them because they are so helpless standing there telling us officers that "I just need to get my medicine, eyeglasses, wallet, plane ticket, clothes, sometimes even the insurance papers that they need elsewhere for proof. Its sad, but it does happen a lot and of course....nobody ever knows anything about the property once its missing.

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            #6
            If you had insurance on your vehicle, could you file a claim for the stolen items??????
            You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

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              #7
              Thanks everyone of your thoughtful replies. I do appreciate them.

              The items that were stolen out of my daughters car would be covered under her homeowners policy. However, because the police said it was a civil matter (there nothing "civil" about stealing IMO) they wouldn't take a report. Insurance Co may consider it "mysterious disappearance" and if so, $0 coverage.

              It just seems so sad to me that because her car was repo'd, all of a sudden it's assumed that she's lying about the items in her car being stolen. Just because she's having financial problems that doesn't make her a liar and a bad person!

              Comment


                #8
                Originally posted by jrsmom View Post
                Thanks everyone of your thoughtful replies. I do appreciate them.

                The items that were stolen out of my daughters car would be covered under her homeowners policy. However, because the police said it was a civil matter (there nothing "civil" about stealing IMO) they wouldn't take a report. Insurance Co may consider it "mysterious disappearance" and if so, $0 coverage.

                It just seems so sad to me that because her car was repo'd, all of a sudden it's assumed that she's lying about the items in her car being stolen. Just because she's having financial problems that doesn't make her a liar and a bad person!
                you can file a report who told you that .. now them going and arresting someone thats unlikely .. but you can file a report on anything call your police department and do it over the phone.
                civil or not items are missing better yet stolen ..
                *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
                *Last day to Objection 02/19/2008 :yahoo: [x]
                *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
                TransUnion 538 Experian 519 Equifax 531

                Comment


                  #9
                  I would definitely file a police report of theft. That way if it happens to someone else from the same repo company, they'll see a pattern. I'm sorry this happened to your daughter especially since she was just about to file. One time we took our car in for service and forgot to take out a huge container of change from under the seat. When we got the car back, it was gone! There is a casino near us that has free valet parking and I've heard of things being taken from cars!

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                    #10
                    when I worked as a dispatcher for a towing company, the drivers would especially look thru the cars for drugs. they knew if they stole the drugs, the owner could do very little about it. we had one owner who came to the office, furious about his missing drugs, but his story kept changing as to what was missing. its pretty common for things to come up missing.

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                      #11
                      Originally posted by cetiya View Post
                      when I worked as a dispatcher for a towing company, the drivers would especially look thru the cars for drugs. they knew if they stole the drugs, the owner could do very little about it. we had one owner who came to the office, furious about his missing drugs, but his story kept changing as to what was missing. its pretty common for things to come up missing.
                      OMG, that is so hilarious! Who would actually come in and demand their stolen drugs!

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                        #12
                        My daughter did call the police before she ever left the impound yard. An officer come out and he's the one that told her it wasn't a police matter because the car had been repo'd and that she would have to file a civil complaint. I guess the moral of the story is if you're car is repo'd anyone can do anything to it (and you) and it's ok. That sounded terrible, I know and I'm sorry. I just want this whole financial mess to be behind her so she can move forward with her life. She's had alot things happen in the last 2 years (some her fault, some not) and this is the last step in getting completely back on her feet. I guess all of this will make her a stronger person, of course, but I'm wondering if it's going to do me in!

                        Comment


                          #13
                          Originally posted by jrsmom View Post
                          Thanks everyone of your thoughtful replies. I do appreciate them.

                          The items that were stolen out of my daughters car would be covered under her homeowners policy. However, because the police said it was a civil matter (there nothing "civil" about stealing IMO) they wouldn't take a report. Insurance Co may consider it "mysterious disappearance" and if so, $0 coverage.

                          It just seems so sad to me that because her car was repo'd, all of a sudden it's assumed that she's lying about the items in her car being stolen. Just because she's having financial problems that doesn't make her a liar and a bad person!
                          I got hot reading your original posting but it is a godsend to those in the same position. First, I know how kids are as to leaving stuff in their vehicles but may I state that since I believe all of you knew the car could have been lined up for repossesion, the car should have been kept empty of all valuable items at all times and you could have called the bank after retaining your attorney and talked to them about not coming to reposses the vehicle. We all have our "what ifs" to deal with. We did and it worked since I gave them the name and number of our attorney. We stopped making our car payments upon the advice of our attorney upon retention in 2/02. We filed in 4/02 so there were two late payments. I cringed at night after the second late paymentn and about two weeks before filing due to paperwork delays and having to get tax returns filed before filing. We would block our vehicle in so it could not be towed or we even parked it at a friend's house during the few weeks prior to filing to avoid repossession and we kept things out of it. Your posting may help others in the same situation to realize the car can go at any time with late payments so keep things out of there.

                          Secondly - get proactive. Make a listing of the items and go to small claims court. Go after the business. Filing fees are not high and if you win you can have the court make them reimburse your filing fee.

                          Thirdly - file a report with the BBB on the business and go online searching the business where it advertises and find out what you can. Find out who the President is, owner, etc. Send letters that you have contacted the BBB about the business and how it operates and that its employees steal items from vehicles. It's well worth the effort.

                          I am sorry about your situation but I would not sit there and say "oh well...." Hopefully things will now start to get better for you and your family.
                          _________________________________________
                          Filed 5 Year Chapter 13: April 2002
                          Early Buy-Out: April 2006
                          Discharge: August 2006

                          "A credit card is a snake in your pocket"

                          Comment


                            #14
                            Thanks Flamingo, you're right about the stuff in the car, etc. Stuff shouldn't have been in there that's for sure. She's learned a hard lesson (one of many recently!). You're absolutely right about being proactive, something I've been trying to get across to her for the last month. If she had been proactive and had her att'y filed the bk7 when she said she would, none of this would've happened. To everyone out there, if there's anything I've learned on this forum (& I've learned alot thanks to everyone here), if you sit back and just expect it to take care of itself, atty or no att'y, you're in for a shock. Just wish I could get that across to my daughter!

                            Thanks for the idea of getting info on company and small claims court. I was so upset about all this that I wasn't really thinking about that. It's worth a shot.

                            Comment


                              #15
                              Jrsmom, ditto to everyone who said make a report. The officer who came out I think maybe just didn't want to to the paperwork, but you can ALWAYS make a report. This is worth its weight in gold if you're thinking filing an insurance claim, going to small claims court, etc. Also, make sure your report mentions the officer who came out to the yard: that you called IMMEDIATELY (even if your report wasn't filed immediately) is very much in your favor.

                              Best wishes to you and your kin. May 2008 be twice as good as '07 was bad.
                              Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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