@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.
@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.
@thesuntsar He DOES. Just like.. the BEST hugger.
@Crawfish I will pay monies for additions to Porter-cat in the form of abs and beard.
@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.
@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.
@macha So as someone who works in the car finance industry (Hi Volkswageeeeeeeen!), a few tips.
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.
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).
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.
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.
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.
@faraday Thankfully mine is in high school, so his zoom meetings demand a level of attention and response. But yeah, as soon as it moves to 'work time', he just sort of zones, or starts playing a game. And I don't know how to help him engage in the work.
@faraday I wish I could, but I work full-time so I can't actually teach him myself. I can't even really sit down with him as our schedules are largely opposing.
@faraday Its been especially difficult as a number of the things he's supposed to be getting through his IEP have been unavailable to him through the virtual schooling. And when I bring up that he's being penalized for this as he's not receiving the aid he requires, the overall response is just 'shrug We can't be held responsible for the COVID pandemic and the issues it has caused'.... okay, but you can hold him to a level of accountability that you won't hold yourselves to??
@macha I can't do anything else. I went through the exact same thing when I was his age. I was told I was brilliant, tested high all around... but my grades suffered because I never turned in homework. In class, while engaged WITH the class, I was fine. But as soon as it went to 'quiet work time'... out came the books, the headphones (walkman at first, portable cd player after that). I was constantly in trouble for being 'lazy' or 'unmotivated' and 'not living up to my potential'. I would also skip classes that I deemed 'unnecessary'. Like chemistry. Science and I have a LONG mutual hatred of one another. I refused to take PE and got an academic waiver, loaded up on stuff like accounting classes, computer classes, technical drawing courses. Things that might actually be useful to me in life. I was 2 courses shy of graduation at the end of my sophomore year despite everything.
School has changed. My son doesn't have the opportunities in his school system I did in mine. This schooling from home has hurt him so much academically. PE is no longer a required, full-time course he can opt out of in favor of something that might be more beneficial to him. I get it. I hate that he's stuck in this. I hate that he's being forced into this by an antiquated school system. So I do everything I can to advocate for him, to stand up for him.
@cassite Its my basic response to any questions as to why my son is struggling in school. I have literally emailed that strip to teachers and gone 'Look at this. LOOK. The kid on the right is your average child. The one on the left is mine. See how many more steps he has to go through just to get on the same level? See how shaky his foundation is? This is what it's like for him every day he's in school'. It has limited success, teachers are still adults, and in this area, they tend to be older adults. Meaning, old school. He gets called things like 'unmotivated' or 'easily distracted'. I get complaints about him wearing headphones (he listens to music on Spotify during class). And my response is... Is he present? Can you see him? Is he engaging in class? Does he respond when you ask questions? Okay, then fuck off with your assumptions. Yes, he struggles with completing assignments. That's a classic ADHD/ASD characteristic. He's trapped in his own head knowing he needs to get it done but unable to find the motivation to do so. It's so much easier to let the music play and engage in the classroom than it is to sit silently working on a PDF assignment sheet.
I go round and round and even the sympathetic teachers don't really know how to make him engage in the classwork. Schooling from home is Hell for him.
@ganymede You know, I didn't even think of cameo appearances. Its too hard to get a good grasp on how they would handle the duality of the character from 30 to 60 second bites.
@arkandel I know that he's a very well-trained actor and I have no doubt his range could extend to both, but I still struggle to see Ol' Crazy Eyes playing Superman. XD
@arkandel So... I have thoughts about Dean Cain. I think he did an excellent portrayal of a very wholesome and excellent Clark Kent. But there was still just.. no transition between Clark and Superman. His 'mean face' was reminiscent of kidSimba trying to roar in the Lion King. You just kinda want to giggle and pat him on the head for being so cute. I also have to call him out for being a super confident Clark Kent. His posture, the way he held himself, the way he spoke to people. He was confident, charming, even occasionally witty. All things that Clark Kent should not be. And after a few seasons, Clark Kent was sexy. They stopped using the baggier, frumpier clothes and started putting him in nicely tailored suits. Instead of the nerdy hair cut, it was slicked back and styled (just like when he was Superman). Like the show couldn't handle a boring, frumpy, nerdy Clark. That's why Percy White outright laughed when someone suggested to him that Clark and Superman shared a surprising number of physical characteristics. Clark Kent was so far from Superman socially that it was laughable for anyone to think the two were the same person.
Realistically, what they need is someone who has vaudeville training to play Clark Kent/Superman. Someone that can handle being bumbling and accident-prone in funny ways, endearingly nerdy, who will cause you aggravation and laughs at his expense. Its a dying art. But who can straighten up and square his shoulders and slick his hair back and take off his glasses and BAM! Superman. Gene Kelly would have been an excellent Superman in his day.
@sunny Having spoken to my mom, who is the most executive functional minded person I can think of, apparently the running playlist at the back of the head is actually an ADD thing. She seemed surprised to find out that I can a constant stream of favorite songs and scores that run through my head. And then asked me how I managed to get anything done with that. And then I had to explain to her that the music is what allows me TO function. That without it the thoughts and ideas and anxieties will pile up faster than Bellatrix Lestrange's vault at Gringots.
And then I had to explain the reference.
@coin That's fair. Okay, So Christopher Reeves and Brandon Routh. I will accept either of them. Anyone else is just pretending.
@greenflashlight So, sadly, this is never really portrayed in any of the shows. Lois & Clark: The New Adventures of Superman, Smallville, even the animated Superman... their posture, tone of voice, body language, even the way they walk... never changes between Clark Kent & Superman. At most you will see Clark Kent acting slightly more bewildered than Superman. So really, they've done a terrible job of portraying Clark Kent across every show, movie, and cartoon since 1978. Christopher Reeves is the ONLY true Superman specifically because he's the ONLY one to showcase the difference between Clark and Superman. If you ever watch Batman: TAS or Superman: TAS or even Justice League... anytime you see Bruce Wayne and Clark Kent in the same room, Clark damn near alpha-challenges Bruce every time. Like they full-on mangrip handshake and glare at one another, often with Clark scowling as if he's two seconds away from laser-gazing Bruce right out of existence. Its... pretty ridiculous. Which is why there is now the constant 'how tf do people not SEE that this is just Superman in glasses and a cheap suit?!'.
