Capital One Auto Repo Experience

[Shawshank]

I just wanted to share my experience to hopefully inform others...
My truck was financed through Capital One Auto.
I filed BK in January 2010 and put down to surrender the vehicle.
Shortly after filing, a notification request was filed by a representative of Capital One Auto Finance.
I didn't hear anything from them, so while I knew they would get the truck eventually, I planned on driving it until they did because I hadn't bought anything else yet.
After the 341, when I still hadn't heard anything, I just assumed they would wait until after discharge and call me to arrange for recovery.
Then, only a week before discharge, the recovery guy shows up around 8:30 am with no notice and is here for it.
He was nice enough to wake me up, and I was glad he did because I had a ton of stuff in the truck.

They never filed for a Relief of Stay, and in Texas they don't have to notify you for a repossession.
I can only assume that since my intent was to surrender that they didn't need to file for a relief anyway.

I was just shocked that they waited until a week before discharge to come get it, and even then didn't call me.
I could understand that if you are repossessing from someone behind on bills and not filing..they might try to hide the vehicle.
But I had just assumed I would get a phone call or at least a letter.

Moral of the Story: If you have a vehicle financed through Capital One Auto and are surrendering, make sure you get everything you want out of the vehicle.
If you plan on driving it, do so with the knowledge that one morning it may not be there.
Don't count on a notification or them waiting until after discharge just because they didn't get it right after you filed!

Hope this helps you!

[cleanslate01]

Ugh! Thanks for the info. We planned on keeping the car. But right after we filed, I got sick and hospital bills piled up. We were discharged in February and I'm currently 5 months behind. In about a month, I should be able to send 3-4 months worth of payments in all at once. I'm holding my breath until then. Sickening. We were doing so well.

[dscurlock]

Ugh! Thanks for the info. We planned on keeping the car. But right after we filed, I got sick and hospital bills piled up. We were discharged in February and I'm currently 5 months behind. In about a month, I should be able to send 3-4 months worth of payments in all at once. I'm holding my breath until then. Sickening. We were doing so well.

Just to let you know, once you breach your contract, they are under no obligation to accept/take your payments...they may, they may not...

[BCA2009]

Sounds like it may always be best to "intend to re-affirm" then never sign the papers, even if you plan on surrendering all along. at least that way they have to file for a relief from stay and you will probably get to keep the car until after discharge.

I'm still surprised they were able to repo without a relief from stay. Had the trustee already abandoned all assets? If not the car belonged to the BK estate (controlled by the trustee) even if you planned on surrendering.

Interesting....

[kimberlymf]

If you are 5 months behind

I was 5 months behind, and had reaffirmed the vehicle. I was planning on getting everything caught up next week, and they just came and got the car last night, just discharged 2 weeks ago. There was no letter, no phone call, nothing.