Finance, Credit and Repossession Information Resource

Big Bank Gets Hit with 9 Million in Fines for Taking Military Cars

santander

Come on Santander, repossession 101. Never take active military cars? Either the bank hired agents that had no knowledge of the law but they were in fact cheap. Or Santander felt they were above the law and for that they will pay dearly. They could have allowed the debtors to keep each car for less than the nearly 9 and a half million they lost in court.

CLEVELAND, Ohio — Auto lender Santander Consumer USA has agreed to pay $9.4 million to settle charges that it violated military members’ rights when it repossessed their cars, the U.S. Department of Justice announced Wednesday.

The Service Members Civil Relief Act cuts some slack to members of the military who signed consumer contracts before they joined the service or were called up for active duty. Under the act, lenders can’t repossess a military member’s car without a court review, if the service member took out the loan and made a payment before going on active duty.

The Department of Justice said Santander didn’t seek the required court review before it repossessed 760 cars. In addition, the DOJ said, Santander tried to collect repossession fees after it purchased the loans on 352 previously repossessed cars.

Service members whose cars were repossessed by Santander will receive $10,000 plus any lost equity. Santander will pay $5,000 each to those whose cars were wrongly repossessed before it bought their loans.

The Justice Department said the settlement is the largest it has received in an SCRA repossession case.

The Department of Justice said it began investigating after the Army’s Legal Assistance Program referred a repossession case. Justice discovered that Santander also had used an arbitration clause in its contract to keep a service member from filing a class action suit against it.

In the future, Santander will be required to check the Department of Defense’s database to see if a military member is on active duty before it tries to repossess a car.

The Justice Department investigated illegal repossessions between January 2008 and February 2013. The settlement requires Santander to review its files to identify any wrongful repossessions after February 2013.

Service members eligible for restitution will be contacted by the settlement administrator, the Department of Justice said.

Source: http://www.cleveland.com/consumeraffairs/index.ssf/2015/02/santander_to_pay_94_million_fo.html

The service members will get 5k each for the disservice they have gotten.

 

Agressive Repo and Woman Destroys Car While Being Repossessed

Violence is certainly way up in repo work and it is nothing new that a car gets picked up that has been destroyed by an unhappy debtor but the new trend seems to be to destroy the car while it’s being picked up. The following is a video and article from the South Carolina news source. Here is what they had to say:

After an Upstate tow truck driver said he was bitten while repossessing an SUV, he pulled out his camera and started filming as the woman smashed the windows out of the vehicle. Scotty Fowler, the owner of Mission Towing & Recovery, said they had been looking for an SUV for repossession for over a week before they located it near Collins Park in the city of Spartanburg on Sunday evening. Fowler told FOX Carolina’s Adrian Acosta they hooked up the SUV to the tow truck when Lakeisha Smith, 29, jumped in and tried to drive off with it still hooked up to the tow truck, and attacked him. “I was holding the door open to keep her from starting the car and she bit me,” Fowler said. At that point, Fowler began recording the incident with his phone. In the video, the woman can be seen first pulling the SUV loose from the tow truck with two wheels off the ground then smashing the cars windows. Fowler said Smith left the scene on foot before police could arrive. He said she was bloody from the incident. A Spartanburg County deputy arrived at the scene after Fowler was bitten, but did not apprehend the woman. Fowler said, besides the damage to the SUV, there was also thousands of dollars worth of damage to his tow truck. Fowler said they were eventually able to repossess the truck. Smith spoke with FOX Carolina Monday evening and said she “flipped out” when Fowler tried to tow her car. “I went out to retrieve my things out of the car and as soon as I touched my car, I was being yanked and pulled by the driver, so then I became angry and just flipped out, like seriously,” Smith said. Spartanburg police said Smith was wanted on a charge of assault and battery third-degree for biting Fowler. Smith said on Monday night she would turn herself in. “I’m not going to run, I’m not going to look over my shoulder for a cop, it’s not what I do,” she said. Online jail records show Smith was booked into the county jail about 1:30 a.m. on Tuesday. A judge gave her a $2,130 personal recognizance bond. When asked by reporter Adrian Acosta why the Spartanburg County deputy didn’t act, Lt. Tony Ivey with the sheriff’s office sent the following statement:

“Based solely on the actions shown on the video you sent me I see a repossession taking place which is a civil matter and not a criminal matter. The actions of the woman in the vehicle are alarming but she has not tried to assault anyone and she is not yelling or screaming profanities in public. She breaks out many of the windows of the vehicle but the question that is not clear is at what point did it stop being her vehicle, which she has a right to do with as she pleases, and becomes the property of the bank or finance company that is repossessing it? The deputy must not have felt that the vehicle was no longer her property and chose not to intervene.”

Work in Aircraft Repossession for a Living

learjet_40

As spoken about in several articles and many of you have seen the probably not so hit TV show Airplane repo, you will know that contrary to all the fake things the TV show aired, there is allot of truth to much of it as well. Just to be clear coming … [Continue reading]

Florida Man Awarded Over a Quarter Million for Problematic Vehicle Repossession

For some reason the agent makes contact with the debtor in order to get the vehicle, it could have been keys, it could have been called in as a voluntary repossession as many times this happens and the debtor has second thoughts after setting the … [Continue reading]

Usually How Many Payments Behind Before Repossession is Assigned

90day calandar

  The repossession department of a bank like Citibank or Bank of America will typically put a repo order out right at around 90 days of delinquency. These departments are on their own away from other banking departments within the bank, … [Continue reading]

Man tries to unhook car that was already repossessed

CONYERS — A Conyers man unhappy with having his car repossessed decided to take matters in his own hands and attempted to unhook his car from the tow truck and try to destroy the evidence by breaking the surveillance camera system, according to the … [Continue reading]

Repossession without having a license to repossess becoming common place

repotruck

I have been saying for a while now how badly unlicensed repossession would affect this industry, how badly rules would change as populations increased especially in Florida. These days, dealing with cultural and societal differences that seek nothing … [Continue reading]

Nevada Man Guilty of Shooting TV Show Crew

LAS VEGAS (AP) — A Nevada judge set bail at $100,000 and a sentencing date for a 43-year-old former schoolteacher jailed after he was found guilty last week in a shooting involving the crew of the reality TV show "Repo Games." Carlos Enrique … [Continue reading]

Can a Dealer Repossess a Car Before Registering it

ontime

Over the years of being in both liquidations and repossessions I have encountered the problem of needing to repossess a car or vessel before actually titling it for several reasons I will outline below. First off quite often someone makes a car … [Continue reading]

As Industries Collapse, Repossessions Will Increase

Photo credit- Digiratilife

Recently I was at the auction checking some of the last Lincoln Town cars we will ever see. I ended up buying a couple of them and unknowingly 2 of them were repossessions and both of the previous owners worked in the same housing fields. There are … [Continue reading]