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So I'm ready to give back a car that I did NOT reaffirm

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    So I'm ready to give back a car that I did NOT reaffirm

    We bought me another vehicle and I'm giving my old one back. Now I did NOT reaffirm it and I've already been discharged. When I called to talk to HSBC about it they kept telling me "You need to trade it in" Why would I NEED to do that? I'm not legally responsible for it.

    Either they are just trying to get it paid off or they don't realize we didn't reaffirm. How much of a hassle will this be now? I want them to get it ASAP so I can take it off my insurance.

    Dh is freaking out thinking we are somehow responsible but I can assure you we never signed papers on it. My attorney told us not to so we didn't.

    I just missed my first note that was due last week. They are already calling every day.
    4/09 Converted to a Ch 7 due to loss in dh's income
    5/09 UST now involved no idea what happens next
    7/09 UST has decided to withdraw his motion to dismiss!
    7/27/09 DISCHARGED!!!

    #2
    Call their bankruptcy department.
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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      #3
      The only thing you are responsible for is it's safe keeping until they pick it up. Like Ohio says, call the bk department and ask who they use for the repo lot and drop the car there but get a receipt. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


        #4
        I would call their BK dept as well. Their first-level CS reps probably don't have a clue about BK and how it applies to your account.
        Filed Ch 7 - 07/10/08
        341 Meeting - 08/13/08
        DISCHARGED! - 10/15/08
        CLOSED - 10/20/08

        Comment


          #5
          This happened to me with Wachovia Dealer Services. I discharged in May, and they did not get the car until September. When I called and spoke with the bankruptcy department, they told me that they were pretty backed up, but they came to get the car within about 5 days.

          Comment


            #6
            Thanks guys. I'm going to call back first thing this morning. I'm hoping they will hurry up and come get the car or let me drop it off to them somewhere. I'm so ready to move on with things and get it off my insurance.
            4/09 Converted to a Ch 7 due to loss in dh's income
            5/09 UST now involved no idea what happens next
            7/09 UST has decided to withdraw his motion to dismiss!
            7/27/09 DISCHARGED!!!

            Comment


              #7
              I am waiting to hear from Toyota as well. I called them and they said no problem on surrendering it, however I had to wait for a repo rep to call me back to schedule the appointment... said it would take 2-10 days for someone to call me. I actually removed the insurance from my car... couldn't afford to keep it on there. We have the car parked on the street with the tags on it still. I asked them if I could drop it off at the dealership but they weren't too keen on that.
              BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
              Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

              Comment


                #8
                Amy, remember to take your tags off before the repo man hooks up the vehicle. You can make arrangements with them to pick up the vehicle in a neutral location - they are usually pretty flexible.
                Filed CH 7 9/30/2008
                Discharged Jan 5, 2009! Closed Jan 18, 2009

                I am not an attorney. None of my advice is legal advice in any way..

                Comment


                  #9
                  What dorks. I called them and here's the thing. They were perfectly willing to talk to me when I was in control of the checkbook and willing to pay them over the phone. Now that I don't want to pay and I want to surrender they've pulled the "Oh wait your not listed on this account" card. Now they refuse to talk to me and I have to get dh to call after he gets home and set it all up.

                  The man did say that they don't have anywhere that I can leave the vehicle I just have to wait for a repo man to come get it which may take a while
                  4/09 Converted to a Ch 7 due to loss in dh's income
                  5/09 UST now involved no idea what happens next
                  7/09 UST has decided to withdraw his motion to dismiss!
                  7/27/09 DISCHARGED!!!

                  Comment


                    #10
                    Originally posted by JoeBankrupt33 View Post
                    This happened to me with Wachovia Dealer Services. I discharged in May, and they did not get the car until September. When I called and spoke with the bankruptcy department, they told me that they were pretty backed up, but they came to get the car within about 5 days.
                    When was the last payment you actually made?


                    I have my car with WDS and I still have the car. The last payment I made was the May payment and I was discharged in September and haven't heard anything from them.

                    Comment


                      #11
                      Originally posted by StartingOver08 View Post
                      Amy, remember to take your tags off before the repo man hooks up the vehicle. You can make arrangements with them to pick up the vehicle in a neutral location - they are usually pretty flexible.
                      Yea they said when they call I can arrange to go out and get the tags since I have to turn them in for my state.

                      I'm kinda in the same boat as Aces... they won't let me take it anywhere and I have to wait till they decide to come get it... grrr.
                      BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
                      Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

                      Comment


                        #12
                        Add me to the list of those waiting .....now we know why it is taking so long....look how many cars they have to deal with. hehehe
                        Southern District of Florida
                        Filed Ch 7 - 8/6/09 341 - 9/14/09
                        Report of No Distribution - 9/18/09
                        DISCHARGE ! 11/23/09 Closed 12/8/09

                        Comment


                          #13
                          Take it to a branch office and give the manager the keys with a copy of your bk discharge. They can't refuse you surrendering the vehicle.
                          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                          Comment


                            #14
                            Originally posted by OhioFiler View Post
                            Take it to a branch office and give the manager the keys with a copy of your bk discharge. They can't refuse you surrendering the vehicle.
                            I would do this if I could find one locally. I'm trying to look on HSBC's website to find a location but so far I haven't found one in TX.
                            4/09 Converted to a Ch 7 due to loss in dh's income
                            5/09 UST now involved no idea what happens next
                            7/09 UST has decided to withdraw his motion to dismiss!
                            7/27/09 DISCHARGED!!!

                            Comment


                              #15
                              Originally posted by Amy26 View Post
                              Yea they said when they call I can arrange to go out and get the tags since I have to turn them in for my state.

                              I'm kinda in the same boat as Aces... they won't let me take it anywhere and I have to wait till they decide to come get it... grrr.
                              Amy:

                              Toyota called me back within about 2 days and met me some place for the car. I didn't want it picked up from my neighborhood.
                              Filed Chapter 7: 7/3/09
                              341 Hearing: 8/6/09 - Went Smoothly!
                              Discharged: 11/30/2009
                              Closed: 12/16/2009

                              Comment

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