Mean repo lady is calling my work

[lovebirds]

The car is completely totalled but the insurance agent's are waiting for our lawsuit settlement with the person who smashed into my husband. We've called Nissan and let them know what was going on. After the accident, my husband lost his job and we cannot afford the payment. We purchased a used car for cash (with a lump sum back-owed unemployment). I don't care if they take it but I want the insurance company is pay for the damage before or else we'll have to include Nissan Finance in my bankruptcy also (filing in February 2010).

Can the repo agent call my work if I ask them not to? They are really mean and try to embarrass me at work. I've had crazy bill collectors before but this lady is 100% mean. I work in a cubical and last time I've spoken to them, I was in tears. My husband doesn't mind taking the calls but they only want to speak to me (my name on first on the loan even though I cosigned).

[LimpDisc]

Take control of the call and never let anyone treat you that way. I always hang up on anyone that's mean or rude.

[AngelinaCatHub]

Send them a letter to cease and desist their harassment. They must stop by law. 'Hub

[BigJohn]

The car is completely totalled but the insurance agent's are waiting for our lawsuit settlement with the person who smashed into my husband. We've called Nissan and let them know what was going on. After the accident, my husband lost his job and we cannot afford the payment. We purchased a used car for cash (with a lump sum back-owed unemployment). I don't care if they take it but I want the insurance company is pay for the damage before or else we'll have to include Nissan Finance in my bankruptcy also (filing in February 2010).

Can the repo agent call my work if I ask them not to? They are really mean and try to embarrass me at work. I've had crazy bill collectors before but this lady is 100% mean. I work in a cubical and last time I've spoken to them, I was in tears. My husband doesn't mind taking the calls but they only want to speak to me (my name on first on the loan even though I cosigned).

I would get the insurance to settle for the lost of the car. Their claim that they are waiting till the lawsuit is settled is bogus in my opinion. Your State must have a regulatory agency that regulates insurance - use them. Get your settlement.

As for the repo, I assume the repo woman wants to repo the totaled car. Tell her the bank gets there money when the insurance settles. Any further calls is harrassment. Why they call you is they think you will 'buckle under'. Stand firm.

[Snickers]

I also don't see what the problem is with including Nissan Finance in your bankruptcy. They would have to be listed anyway. After that, it is up to the courts to sort things out.

Right now you have a way to just walk away from it. Get your stuff out of the car, leave the keys in the visor and tell the lady to come get it, lol. Seriously, at some point they are going to stop calling you and just come get the car anyway.

[catleg]

Normally a car loan includes "gap insurance" to cover just this eventuality: that the vehicle is totalled, and even if insurance pays there will be a deficit. However, if you're planning to file BK anyway, that serves as "free" gap insurance. :-)

I agree with BB, though I expect the situation here is a little more complicated.
If they know the car is wrecked, the lender's only recourse is their hot breath on the debtor's neck.

As far as the insurance. If the lender isn't listed as a loss payee on the insurance, then the claim money may be your asset going into BK. You might want to discuss with an attorney and figure out the best strategy.

In any case, good luck, I would definitely tell them to come get the car, and the rest is just cleaning up the paperwork.

Note: if you have a lawsuit pending (a potential claim) it will complicate your bankruptcy, the trustee will want to get that money, best to get it settled beforehand if possible.

The correct term, if your insurance pays you and then sues the other party, is subrogation.

[Never_Again]

Most car loans actually do NOT include gap insurance. It is something that you have to purchase seperately. Most of the time, they will try to sell it to you as part of the F&I process.

One of my car insurance companies once had gap insurance built into their policies. It was a bit of extra insurance, and was nice to have.

[BigJohn]

With out more details in regards to the insurance and initial loan, especially if gap insurance is in there somewhere, it might be difficult to know which way to go. If the insurance is stalling, filing a complaint with your State insurance regulatory agency generally wakens them up. As far as car insurance is concerned, I have had my share of insurance companies that wanted to drag their feet.

I had an apartment burgularized back in the late 70's. One of the things stolen was a micro computer. Back then, people didn't know what micro computers were (hard to believe but true). Insurance bulked at the value of the computer. After filing a complaint with The State's Insurance Department, the insurance begged me to settle for whatever I wanted. Of course I wanted the full amount I asked for which is what I got.

[lovebirds]

Sorry all! I didn't get the email saying that I had any replies.

The tricky part of my story is that my husband's car insurance was lapsed at the time (before we were married). It wasn't a money issue at this time but he simply did not mail in the check due to stacking up mail and never checking. I took complete control over finances after his lack of detail. The cancellation notice (both for Safeco insurance and the DMV) was sent to his mother's home and not ours (we argued that we didn't get it and they should reinstate the policy).

Louisiana has no pay/no play law which means the first $10,000 of our claim is discarded due to the lapse in insurance.

That is why we had to wait for so long to get a lump sum type of claim. I really really want all our doctors paid before filing bankruptcy because they will refuse to see you if you owe any money.

We did lump the GAP insurance with the purchase of the car but the person who hit my husband's insurance adjuster said that the damage was only $6000 but this car is completely squished. Gas tank busted open, bumper is off, the seat recline for my husband is broken.

We are still saving up for the lawyer fee. Should we just give up the car now? We are trying to wait for his unemployment lump sum to fall off the 6-month lookback so we can file a Chapter 7 since he will be out of work for a year or two. That will be in February or March if we can get the lawyer fee together.

We are incredibly embarrassed at the whole insurance issue but there's nothing more I can do except fuss at my husband (which doesn't help things). His father is badgering us about buying the totaled Nissan car. He wants to fix it up with some 3rd party kits and we are trying to work up a white lie to say why we weren't elligible to purchase it (since it will actually get repo-ed).

[Bell30656]

Note on the doctors... I discharged several of my family doctor's bills in the chapter 7. Prior to filing, I went to him (not his billing folks) and told him that I was filing and that I promised him he would still get paid. Just because the debt is discharged doesn't mean that you can't pay it, it just means that they can't try and collect it.

After the discharge I finished paying him what I owed him and he still sees us just as he always did.

[lovebirds]

Note on the doctors... I discharged several of my family doctor's bills in the chapter 7. Prior to filing, I went to him (not his billing folks) and told him that I was filing and that I promised him he would still get paid. Just because the debt is discharged doesn't mean that you can't pay it, it just means that they can't try and collect it.

After the discharge I finished paying him what I owed him and he still sees us just as he always did.

We've already been denied from seeing his neurosurgeon due to outstanding medical bills. After the accident, we were told to follow up with doctor and they refused to see us even though we were paying off the debt at the rate of $80 per month.

I can't see us being able to pay off medical bills for a few years. After the bankruptcy, 100% of our effort will be emergency fund and paying off my private student loans.

I will if I have to but I prefer to wait to have the jerk that hit my husband pay.

[lovebirds]

A repo agent came to my work today! He was unshowered, and looked scary. He told the receptionist that he was with All-State! I work a white-collar office! We had a politician having a bond proposal in the room next to our lobby and he was saying loudly how if I don't give up the car that they'll sue me. I told him that we are following our lawyer's advice and not paying on the loan and waiting for our case to be settled since the car is completely totaled.

He kept asking me to "verify the address" and he said he was told that if the car is wrecked, they are simply going to take pictures of it and report back. He showed me that it said this on his piece of paper. Should I believe him? He lied about where he worked.