shady tactics by Repossessors inc

[barnhartred]

About two weeks ago i recieved a letter from Repossessors inc. the letter looked more like a letter from a serial killer.it was a plain piece of paper without letter head it just stated to call them.a day latter i had a voice mail on my cell phone from a law firm stating they were hired to aquire the atv in question. the lady stated that she would like to discuss this and gave me a time limit of 3hrs and 45 minutes to return the call and that it would be in my better intrest to call her or she would obtain a writ of replevin. i called the number back using the extension she gave me never reaching a live person no matter what extension i used i never reached a live person.i did leave a message and recieved a call a week later from the same lady she left a message asking me to call her. what is funny about this is the second call came from another state. i started doing some reserch online and found out there is no such law firm.actually the number she gave me to call was the repo company also found this info online to.my chapter 7 was discharged approx. 45 days ago
my question is that can a repo comany run this kind of deception and make a threat(saved voice mail). on a side note i have never been contacted by the lender about surrendering the atv even when i contacted them to inform them of me filing bankruptcy. i stated will not surrender anything without proper paperwork and a law enforcment officer present otherwise they will be considered a common criminal and i will defend my property as such.was illegal to make that statement? sorry if it seems my post jumps around but im pissed when i think im being scammed.

[papie]

There are lots of shady business practices when it comes to repos. Mostly because people like to make the process much more difficult than it should be.

I don't see how they're "threatening" you. She said they would obtain a Writ of Replevin, which would be perfectly acceptable if you filed a Chapter 7 and didn't reaffirm the loan.

The ATV is theirs to take.

I also think it's a little absurd that you aren't paying for the ATV, yet you make demands about how they can take back their property. Yes, telling them that they will be treated as a common criminal and you will "defend" your property is a little over the top considering all they want to do is obtain the ATV that they own.They probably now have the assumption that you're going to go all redneck on them and break out the house with guns blazing.

You're not being scammed. You're just making it more difficult than it needs to be. Stop googling phone numbers and tell them to come and pick up the ATV and be done with it.

[IamOld]

Look - even if these guys are legit, there is no need to treat someone with disrespect - in addition it is simply stupid and incompetent business practice to tell someone to call back within three hours and forty-five minutes...that doesn't even make sense.

If you run a legit business, take the time to act like one. If you want someone to call you back, make sure someone on your busy staff actually answers the phone...

I had a motorbike repossessed/surrendered thru the BK - they called my atty who had me call their atty and set up a time - ultimately we set up an appointment - frankly the reality is they already made their $$ back - but - again - there is nothing wrong with conducting yourself with dignity as opposed to a thug. You behave like a thug, you shouldn't be surprised if someone...defends themselves.

There are lots of shady business practices when it comes to repos. Mostly because people like to make the process much more difficult than it should be.

I don't see how they're "threatening" you. She said they would obtain a Writ of Replevin, which would be perfectly acceptable if you filed a Chapter 7 and didn't reaffirm the loan.

The ATV is theirs to take.

I also think it's a little absurd that you aren't paying for the ATV, yet you make demands about how they can take back their property. Yes, telling them that they will be treated as a common criminal and you will "defend" your property is a little over the top considering all they want to do is obtain the ATV that they own.They probably now have the assumption that you're going to go all redneck on them and break out the house with guns blazing.

You're not being scammed. You're just making it more difficult than it needs to be. Stop googling phone numbers and tell them to come and pick up the ATV and be done with it.

[AngelinaCatHub]

I have mixed emotion on this Post. I can understand the OP getting upset with such unprofessional action by the collection/repo company. I also would not part with the item without proper paperwork. Who knows if this scam is a theft of this property. I too would defend the property unless presented with paperwork proving ownership.

Also, was the property listed and the mortgage listed on the BK paperwork? If it was, and action after this dismissal without an objection or lift of stay, I would surmise the mortgage company abandoned the item and forfeits the right to claim it back. That mortgage has been discharged. Around here, to get a writ, you have to have a Judgment. I'm not sure of other States. If the thing gets pulled, I would file a police report and see how that shakes out. 'Hub

[Bell30656]

I can understand you being offended by the tactics of the repossession company. However, certainly you can understand why the finance company is upset with you? You made promises to pay for something and didn't. Now, rather than man up and give them back their property you want to hide it and make them spend more money retrieving the ATV. It's simple: You bought the toy, you can't afford to pay for it. Call the lender and have them come over and get it. Then get on with your life.

ATV's are titled. There is serial number on the title and the toy. Contact the lender and find out who they are sending to repossess it. Then give it to them.

While you think I'm harsh, I've been there and I've done it. Until I finally quit blaming everyone else for my financial problems, looked in the mirror and decided to take ownership of my financial life that I was able to get past it.

[barnhartred]

With 22% intrest and with the amount of time i paid on the atv they still made their money. My attorney wants them to prove they have a legal claim to it since it is an high intrest credit card. I have asked them to contact him. I told them i will do as he dircects me to do, even if it is to surrender it to them. But instead they called my next door neighbor last night claiming to be a law firm. They were asking if i had a atv at my home. If one call to my attorney could clear this up and get them the atv wouldnt youy think they would do it? My attorney told me most of the time they have no legal claim to it. They just hassle you to see if you will surrender it.He told me sometimes they get lucky and get the item.

[AngelinaCatHub]

With 22% intrest and with the amount of time i paid on the atv they still made their money. My attorney wants them to prove they have a legal claim to it since it is an high intrest credit card. I have asked them to contact him. I told them i will do as he dircects me to do, even if it is to surrender it to them. But instead they called my next door neighbor last night claiming to be a law firm. They were asking if i had a atv at my home. If one call to my attorney could clear this up and get them the atv wouldnt youy think they would do it? My attorney told me most of the time they have no legal claim to it. They just hassle you to see if you will surrender it.He told me sometimes they get lucky and get the item.

If you purchased this with a high interest Credit Card, and agreed to pay the credit card at whatever interest it was, you did agree to buy it on those terms. No one forced you and that became a secured debt. You did not answer the question as to did you list this in your BK as well as the credit card? "Bell" is correct that the CC company owns this secured debt. You did not reaffirm the debt and are not paying through. If you failed to list either, then the debt was not discharged in BK and is not out of SOL. At this time, and with proof they own the item, you should give it back. Being careful you are giving it to the right company. Otherwise it seems you are attempting to get something for nothing and there are names for than. One of them is being fraudulent using your BK as a financial weapon. 'Hub

[IamOld]

Maybe HUB what is going on - after all the emotion is put aside - is that this was prchased with a "store" credit card, which may or may not really have a security interest in the ATV at hand.

If the poster's atty instructed him to have the repossessor call the atty, then that is what the repossesor is supposed to do CERTAINLY if it is a "law firm." Now that they know where the item is, where the poster is, etc etc., calling the neighbor is a violation of FDCPA. Posing as a law firm if there is no licensed lawyer on staff is practicing law w/out a license...frankly OP may wind up keeping the ATV - he needs to be honest etc., but so does the creditor.

If you purchased this with a high interest Credit Card, and agreed to pay the credit card at whatever interest it was, you did agree to buy it on those terms. No one forced you and that became a secured debt. You did not answer the question as to did you list this in your BK as well as the credit card? "Bell" is correct that the CC company owns this secured debt. You did not reaffirm the debt and are not paying through. If you failed to list either, then the debt was not discharged in BK and is not out of SOL. At this time, and with proof they own the item, you should give it back. Being careful you are giving it to the right company. Otherwise it seems you are attempting to get something for nothing and there are names for than. One of them is being fraudulent using your BK as a financial weapon. 'Hub

[barnhartred]

They called me(12:08pm) claiming to be brown, logan & lopez and stated that if i didnt call them back by 4pm they would get a writ of replevin and stated it would be in my best intrest to do so.I called the # the lady gave and dialed the ext.and left a message saying i dont know who has legal right to it you or the trustee. I called this this number several times afterwards and dialed all kinds of different extensions. Every time i got the same recording,never did i talk to a live person. I have never recierved anything in the mail from any lawfirm about the atv since i filed in march.I also spent some time googling and never found anything on brown, logan & lopez. Then i reverse looked up the Phone # they called from. I found a forum where it was identified to be a repo company.iIrecieved a piece of paper in a standard envelope with self adhesive self printed lable from Repossessors Inc. The paper was self printed all it had on it was call me a phone and ext. and a case # (scanned to bk attorney).I left them a message asking them to contact the my bankruptcy lawyer. nobody has contacted him to this date.so far i have heard from like 3 places.I guess whoever shows up with the writ will have legal right.

[AngelinaCatHub]

As IAO stated, and this needs to be clarified, did you, or did you not buy this item as a secured debt, either by the credit card, store's credit card or whatever. We are on YOUR side but only as the facts apply. If this was secured, but not accounted for in BK, you could be liable for more than the item. If this is truly violating the law and this collection firm attempts theft, you can nail them big time. Start making records and timelines. They have to have paperwork when they pull the item. If they trespass upon your property without the right of authority, you can have them arrested. 'Hub

[barnhartred]

Yes the debt was discharged.there is no lein on title.if they have legal claim to all they need to do is contact my attorney.i believe they have no legal claim to but just try and push their luck and make a few bucks.

[daytona]

"They called me(12:08pm) claiming to be brown, logan & lopez and stated that if i didnt call them back by 4pm they would get a writ of replevin and stated it would be in my best intrest to do so."

If this is really what was stated on the call then it says a lot about the type of outfit you are dealing with IMO. If that were truly their intent then why wouldn't they just go get the writ and come get the ATV? I mean seriously.... If it were me, I would stay calm, advise them to contact your attorney on the matter, or just have your attorney call them.... If they show up with a writ....keep it, and allow them to "do their thing". If the writ is fake or whatever, or the ATV disappears without one then they have a felony to deal with...

[barnhartred]

i gave them my attorneys info again last week. also emailed my attorney a statement that my neighbor had wrote for me explaining her phone call with them. i dont know if this is illegal but when they asked my neighbor if i lived near them. they included my ex-wifes name and she had nothing to do with the atv her name wasnt on the credit application and our bankruptcies were seperate from each other. sobasically they put info out there they had no bussiness doing since she wasnt involved in this any way shape or form. i have not recieved a phone call from the repo company since. i will wait for a writ but the writ has to be served by a sheriff. if they show up without a sheriff that would prove they are faking court documents and the police will be called at once.and i will keep the writ

[barnhartred]

well its been 3 weeks today since i called the repo company. i gave them the contact info to my attorney again and asked them to call him . i stated i will do as he directs me to do even if it is to surrender the atv. well they havent called him and i havent been called since.i guess he was right they just push their luck to see where it takes them.

[GoingDown]

If you purchased this with a high interest Credit Card, and agreed to pay the credit card at whatever interest it was, you did agree to buy it on those terms. No one forced you and that became a secured debt. You did not answer the question as to did you list this in your BK as well as the credit card? "Bell" is correct that the CC company owns this secured debt. You did not reaffirm the debt and are not paying through. If you failed to list either, then the debt was not discharged in BK and is not out of SOL. At this time, and with proof they own the item, you should give it back. Being careful you are giving it to the right company. Otherwise it seems you are attempting to get something for nothing and there are names for than. One of them is being fraudulent using your BK as a financial weapon. 'Hub

If this was purchased with a credit card, then it is not a secured debt. And they have no claim to anything purchased with the credit card. Their debt was discharged and the original poster owes them nothing.

Something seems fishy about this.

I would stop talking to them on the phone, for one thing. And I would just sit back and wait and see what happens next. My guess is they will huff and puff and try to bluff you down, but will never actually do anything.