Towing Issues: Damage during/after Repo, repo company, side fender


Question

Passenger Side
My car was repossessed and either during the repossession or during the storage or transport to an auction location there was damage done to it.

I got everything caught up and in order with Wachovia even though the lady that was handling my account made me feel like I was scum of the earth for falling behind on payments and even made the comment after I had a small problem with my paperwork
“If I had it my way I wouldn’t let you back in your car.”  Yeah real nice customer service people at Wachovia. Ended up getting everything in order and paying the money I owed and the fees for the repo. They tell me Commonwealth Recovery Group has my car and give me the number to contact them. I call Commonwealth to find out they no longer have my car that it was moved to an auction location and that’s all they could tell me.
I call back to Wachovia and ask them where my car is located they finally tell me ADESA has it which is an hour drive from my home. I get everything setup with ADESA to pick up my car since its by appointment only and only 3 days out of the week. I get to ADESA to find my front bumper is practically held on by 3 rivets and 2 bungee cords, my drivers side wheel well liner is completely missing, parts of the bumper are ripped off, shields underneath the car are falling off, minor scratches to the trunk, the drivers side fender is now with in a ½ inch of rubbing on the tire and the tire shows damage from rubbing on the fender, the passenger side tire is flat. ADESA has a report saying that is the condition the car was received in from the repo company. At this point I call Wachovia to get some assistance which I’m directed to call the repo company and file a complaint and claim with them… I call the repo company to file a complaint and claim they refuse to take my statement and said they won’t do anything about it that I need to contact Wachovia and file a claim with them. So when I call back to Wachovia I get redirected to the “nice” lady that didn’t want me to get back in my car from earlier.
She starts saying “why are you even calling here about this you have to contact the repo company”… I interrupted her at that point telling her I already did that and at this point I would like to talk to her supervisor…. “No you can’t talk to my supervisor” at that comment I was heated and asked “why can’t I talk to your supervisor?” Her reply was “I’m telling you what to do so you don’t have to talk to him”…. “Let me talk to your supervisor now, You can’t deny me that right” at this point she realizes I’m not just some dumb kid and I know my consumer rights and replies “you can’t right now he is in a meeting”… She finally gives me his name and I hang up… I call back to in contact with her supervisor which I get the whole he’s unavailable right now, and get the you need to contact the repo company back and file with them if you have any problems call us (Wachovia) back. I call the repo company and talk to Todd the owner of the company and the guy that actually repo’d my car I tell him I just got off the phone with Wachovia and I’m suppose to file a claim with him…
Todd “You didn’t just get off the phone with them cause I just got off the phone with Shantel (the ‘nice” lady from before that didn’t want me back in my car)…
Why is she going behind my back and contacting them where its not in an effort to help me but to give them information it seems to get them ready for me and that they keep me in the run around… Todd tells me to call Wachovia and talk to Shantel and Shantel is telling me to contact Todd at Commonwealth.

When I talked to Todd he told me they had a key cut at the dealership (security chip in key required for my vehicle) and just hopped in it and drove off. That key is now MIA the auction place has no recorded of this key being delivered to them and they even tried to get their own key made with out the chip so they could move the car.

Answer
Are you referring to ADESA in Moody Al? I would recommend sending a letter (certified) to both Wachovia and the repo company. If you can get a copy of the condition report from ADESA that would be good. You also need to inform Wachovia and the repo company that you want a copy of the condition report that the repo company completed. In the letter advise them that your vehicle was damaged and that you will seek whatever remedy necessary to pursue this. The repo company is ultimately responsible unless they can prove that the damage was not done by them.