Feb 19, 2021, 11:56 PM
Not really. You can only claim a loss if you lose it, literally. The fact it is vacant is not a loss.
Real World Peeves, Disgruntlement, and Irks.
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Not really. You can only claim a loss if you lose it, literally. The fact it is vacant is not a loss.
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So a drunk driver drove through the neighbors yard at my bf's family's house and crashed in the family's yard.... Totalling the Prius I had parked there (and had been an albatross around my neck), my bf's mom's van, flipped his sister in laws mustang into it's side, and tore the back panelling off of the brother in law's car.
Prius and van are totalled, no idea if the mustang and the envoy will be operable..
If 2021 could please just not that would be great.
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Today I learned that cancer screening is mandatory in my country when you turn 50, but if you can't walk without mobility aids you can't access the location they're made in. But they're fixing it in a couple of years so, like, deal.
I'm very, very tired of even the most basic of things not being disability accessible.
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@l-b-heuschkel said in Real World Peeves, Disgruntlement, and Irks.:
I'm very, very tired of even the most basic of things not being disability accessible.
uuuuuuuuuugh I feel that. When my sister's husband got confined to a wheelchair, it was a very eye-opening experience for me. Disney World, the very definition of "not a basic necessity," was the only part of his life that was designed with his accessibility in mind.
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Whereabouts in DK are you; Jutland or Zealand? It seemed to me like in KBV and its suburbs it was mostly the modern buildings and tourist attractions were the most accessible, though now that I think about it, a lot of Bakken wasn't.
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@hedgehog Southern Jutland. They are building new hospital facilities for all of this, I was told. So I can just wait a couple of years or something. Bright smile from nurse.
I have no reason to suspect that I have breast cancer. The screening is mandatory in the fashion that my own GP is expected to make me bloody well take it, however, and there'll be no end of nagging if I don't. So now it's on me to get an appointment at a hospital in another region, and arrange transportation.
I am fortunate enough to have a partner who drives and works shifts so that driving in the work day is actually possible at intervals. Many disabled people aren't.
Taxi pool transportation can be booked -- but with the caveat that they pick you up with in a two hour timeframe of the booking time. Meaning that this can be a full day expedition with two times two hours' curbside wait. I am lucky -- I have a partner with a car. Again, many disabled people don't. Last week it was freezing -15C. That'd be great for an elderly, disabled person to sit curbside for four hours in, I figure.
I am red hot furious about the complete lack of concern for this.
- 12 days later
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So somehow the cosigner on my car loan ended up as primary listed with Capital one. She had to file for bankruptcy thanks to Covid.
So Capital One shipped the loan off to be handled by specialists. Who since I was neither primary, nor the person in bankruptcy, kept refusing to verify me to take the payment.
So Capital one came and took the car, overnight, when I didn't have money on top of the payments to give them for fees and shit.
So... yeah. Trying to get a car, and my credit just took a hit, and I've been trying to afford to move.. Meh. One step forward, 6 foot shove back.
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@macha So as someone who works in the car finance industry (Hi Volkswageeeeeeeen!), a few tips.
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Quick Protip about loans and cosigners... whoever has the higher credit score will be listed as the 'primary' 9 times out of 10. But the cosigner has equal rights and privileges regarding the loan and account.
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As cosigner you are absolutely able to verify and make payments on your own, you just have to know the amount you want to pay. So I would immediately contact Capital One and raise a BIG stink. Demand managers, insist on speaking with them. Make sure you get a copy of your contract to have in front of you. Demand an email and/or physical address for their legal department AND credit department as a repossession absolutely dings you and stays there for AWHILE. If you send via email, save a copy for your records. If you mail physically, do so via certified mail or Fedex/UPS so that you have tracking and confirmation of receipt. Track the days and follow up with them if they don't follow up within the timeframe provided by company policy (they have to provide you the timeframe, its a legal requirement).
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Speaking of credit! Don't listen when they say they can't remove the mark. You may have to provide proof that you had the funds available to make the payment, but it is not your fault that some idiot rep wouldn't verify and take payment. But if you can show that you had the funds available to make the payment when you called in, you can demand they pull and review the call where the rep refused to verify account and accept payment. They are legally required to accept payment from anyone on the contract, whether you are primary, secondary, whatever. To refuse to accept payment is to break the terms of the contract. Their consumer credit team may insist on a letter in writing documenting what happened, including any documentation you can provide as to your ability to make the car payment (usually bank records showing your balance on the day payment was due). They will be required to respond to you within 30 days in writing. If you can prove that the lack of payment was through no fault of your own, they will have to cover the costs of the repo themselves, return the vehicle, and remove any derogatory marks from your credit report. It can take some time for those marks to be fully removed and you will absolutely want to stay on top of the credit bureaus to ensure they do so with 30 days of the notice being sent out by the CC team.
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Aaaaaaaaaand bankruptcy! You are listed as the cosigner on the loan, they cannot refuse to verify or accept payment from you, active bankruptcy or not. Especially as the bankruptcy does not affect your credit or your ability to pay for the vehicle. That said, a lot of CSR's do not understand how bankruptcy works and they will panic and refuse to speak to anyone but the primary/customer in bankruptcy. This is a mistake. A very nasty one. If you get someone refusing to verify you, insist on a manager/supervisor. Never be afraid to escalate, this is your money, your credit, and YOUR life. One party's bankruptcy does not invalidate the contract that you signed.
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Get a lawyer, get a lawyer, get a lawyer. Reach out to free/reduced cost legal aid available in your area. if you reach out to them, if you have exhausted all other means? Get a lawyer, provide them with a detailed accounting of the steps that you have taken to try and pay the vehicle on time, and the steps you have taken to rectify Capital One's mistake. Provide as much documentation as possible. Make sure you have a fax number for Capital One's legal department and provide it to your lawyer. Should you get representation, they will deal directly with Capital One and you will deal with your lawyer. As soon as you have informed Capital One that you have retained an attorney and provided them with the attorney's details, they have to deal with the attorney and only the attorney. They cannot call and badger you about payments, or the vehicle, or the repo costs. If anyone tries, log the date/time on your cell phone, screenshot it, email it to your attorney.
Places that offer auto loans, be they banks or financial institutions, have a set base of laws and requirements they must abide by. Capital One has broken that be refusing to accept payment from a legally authorized signer. Take them to the cleaners.
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For me, the weird part was the refusal to allow a co-signer not in bankruptcy to affirm and take over the debt. That’s a no-brainer.
“It is better to live doing the things that you like. It is foolish to live within this dream of a world seeing unpleasantness and doing only things that you do not like.” -- Yamamoto Tsunetomo.
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Man, I wish I had known all this a couple days ago. I already walked away. Due to the bankruptcy, I'm not obligated to keep paying the loan, and I've already put a (tiny) bit of money down on a car to hold it for a week so I can buy it. Honestly, this car is the same model, et, but in way better shape, better trim level, and the monthly payments and percentage are lower.
I'm not sure if I have the energy to go after Cap One. The stress levels in my life without all this bullshit have been stupid high as is.
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@ganymede said in Real World Peeves, Disgruntlement, and Irks.:
For me, the weird part was the refusal to allow a co-signer not in bankruptcy to affirm and take over the debt. That’s a no-brainer.
Capital One is shady as shit. I had opened a card with them and went to make my first payment, and my bank freaked out like 'hey we just noticed this big transaction from this brand new entity so we put a hold on this payment until you give the ok'.
Capital One called that 'fraudulent activity' because it put a hold on it and shut down every card I had with them.
They're seriously bonkers.
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@ganymede Seriously, the number of times I've had to remind new (and sometimes even experienced) reps that no, really, just because Alice is in bankruptcy does NOT mean we can't speak with Johnny who is also on the account and not in bankruptcy. People get touchy very quickly because bankruptcy laws are ridiculously labyrinthian and the rules surrounding who you can speak to and what you can say are equally tangled. But really, if someone wants to make a payment, we as a financial institution are obligated to accept it, regardless of who is making it. So long as they know what account they're making the payment TO and what amount they want to pay, we have to take it.
@Macha I would still seriously consider taking them on at least enough to get your credit repaired. A repossession can linger for years on your credit and keep you from being eligible from a lot. It was not your fault that they refused to accept payment and that was absolutely circumstances beyond your control. Its actually one of the few cut and dry credit scenarios that exist.
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@too-old-for-this Sadly, I don't have any of the calls where the outsourced company (Yes, non-native English speakers, that was part of the problem, as there were issues trying to understand each other), refused to verify me.
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@macha You don't need to provide those calls. The company is legally obligated to record all calls for quality control and monitoring purposes. THEY can pull the record of the call at the management level and verify that you did indeed try to contact to make payment and that their own (outsourced/contracted doesn't matter, they are ultimately responsible for any representative hired to work for Capital One) rep is the one that refused verification and payment.
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@too-old-for-this So question. If I request a call from their bankruptcy department, where they stated I am not liable for the loan, do they need to provide that to me?
See, I just wanted an email, stating that due to the filing of the bankruptcy, I was not liable for the loan, and the car was back in the lien holder's possession. So, you know, I can carry on with my life and get a car I already have lined up - barring proof of that.
Capital One insisted they do not provide such things. -
@macha That's going to be an issue, because you are liable for the vehicle as a co-signer on the contract. That's why I said you need to fight the repo and credit hits. You signed a contract so you can't say you aren't liable for the vehicle, but you can insist that you were willing and able and attempted payment, and that they refused your payment, and then tried to collect on it after the fact.
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@too-old-for-this But they've stated multiple times on the phone, that I am /not/ liable for the loan, since I am willing to let them reclaim the vehicle. They even informed me that if it auctions well, I may have to claim that on my taxes next year.
It may also be because the bankruptcy is due to Covid (lost jobs and income, for primary and myself)
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@macha If you aren't held liable for it then they need to provide proof of that so you can have your credit score updated by the three bureaus, as it has affected your credit. Either way, they have to provide you documentation since you are being affected financially.
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@too-old-for-this So I can in my rights, request a copy of that recorded call, right? Because once I have that, they may as well give it to me in writing.
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@macha They can't provide you with a copy of the call, but they do need to provide it to you in writing. If their policy is to remove all liability from the primary/co-signer if one or the other files bankruptcy, then they need to a) ensure that it doesn't adversely affect your credit (which you've already stated it has), b) has steps in place to correct the issue if for some reason it does affect someone's credit adversely, and c) provide documentation on request of said policies. Any company policy should either be stated on the contract itself, or available on request in writing. They're going to hesitate to put anything in writing because it means they'll be legally bound by it. Insist, Insist, Insist. If a regular rep won't do it, then ask for a manager. Ask to speak with legal. They may ask you to put a request in writing. As for a fax # or email address to send it to. Entrust NOTHING to regular postal mail.