QuestionQUESTION: My car was repo'd and towed after dark. The lady who was with the tow driver was nice enough to knock at my door and inform me and then allowed me to clear out my car (glove box, check book).
The car was already hitched on one of those arm and hook kinda tow trucks (small/med truck) and it (car) was on my property in the back off the alley. They left down the alley, where I know they would have had a hard time maneuvering it out as it is a narrow turn with cars parked at the turn - I avoid this route.
Sure enough, picking up my car, I inspected and saw that it was scratched down the side, especially at the wheel, and the bumper was dinged with the paint buckled on the corner. The tow impound was very nasty and stated "oh, this car is all dinged up to begin with and those are old because they are covered with dust!" (car got dusted sitting there over the weekend) After pointing out dust does not prove old scratch, I got "they would have driven the car" if there was a problem. (Lady took my key when I went to get my check book out of the car.)
The impound lot refused to take any kind of report but insisted I sign papers (to get the car) that stated all sorts of damage and scratches already existed. I asked if I could take that paper to my car and go over what they had written as some of it was *very new to me." (such as rear tire damage) I suspect this "paper" was filled out after the tow, given that it was dark at the time of the tow. I notated on the paper, prior to signing, that I was not allowed to inspect prior to taking car. (This made them very angry, they refused to give me a copy.) Then, after I drive off, I notice my engine is rattling.
How can this happen? Besides me knowing where all the obstacles and potholes are (in the dark alley) and them not, could a tow mess up my engine???
I feel like I am being punished for my financial problems with a "you're a criminal anyway and so what if we damaged your car enforcing the lien" attitude. These people at this impound were very nasty (expected?) and prior to picking up my vehicle had stated (over the phone) that I needed to pay an additional $75 cash holding fee (not disclosed by the finance company - as I had already paid the towing fee when I settled the debt with them). Somehow, this became a moot point and was never mentioned once I discovered body damage.
What should I do? My car is definitely devalued (paint and bumper) and I'm worried about transmission, etc now. How can a tow damage make my car now shake and shimmy when I drive it??? Particularly, the engine rattles on acceleration. (It actually started out "tight" to drive, then this became noticeable within a mile.)
Any advice? Obviously I don't have money to burn or wouldn't have been behind on car payments.
Thanks for any help you can provide.
ANSWER: Repossessions are my specialty. I actually wrote the book on repossessions. (published in 1997)
1. I need to know what state you are in.
2. What type of car was it? and how was it towed? (Sling, Wheel lift) I am guessing from your description it was a wheel lift.
3. As for damage to the engine, unless they drove it I don't see how it could cause damage.
4. Depending on how it is towed it can cause damage to the transmission.
5. What time of night was it picked up? The FDCPA prevents a repossessor from contacting someone after 9pm
6. As for the damage I would immediately take photos of the vehicle and document what was not damaged prior to the tow. Then I would contact the finance company and advise them. I would also contact the repossession company and ask for their owner/manager and request that they provide you with their insurance company information. Inform them that your vehicle was damaged and that their representatives were less than helpful.
Get me the additional info and I will do some more research.
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QUESTION: 1. KY
2. 2005 Ford Taurus automatic, it was picked up from behind and towed out of my parking spot, pretty deep gashes left in gravel at tires, guessing you are right about the wheel lift.
3. don't know, impound lot man (who argued that my car was crappy) said tow operator would drive it if needed (through tight spots) but it appears they took it through the bushes and/or dinged a garbage can or so at the end of the alley causing scratches along side, at wheels, etc, plus bumper has long black mark across top, plus a ding below it maybe from hooking it up?
4. ouch, transmission? how does this happen?
have witness that no engine problems, no knocking, rattling noises, etc (neighbors who have been in car recently)
5. 9:15-9:30 pm is when I got a knock on the door
6. left message with finance co, no pics yet (no camera, but working on it) but shown to neighbor, repo co was nasty and uncooperative at pickup, however Am Recovery is who contracted it for finance co (Carmax).
Appreciate the help. I have found little online, except that the tow operator *may* have to have a CDL or a driveaway license in KY.
ANSWER: If they towed your vehicle from the rear then they were dragging the drive tires. Towing a front wheel drive vehicle from the rear can cause damage to the transmission, drive train and tires. Look for flat spots on the tires.
Did they have keys to the vehicle?
As for the engine I have never seen damage to an engine unless it was a straight shift and towed in gear. If you have witnesses that is great.
As for them contacting you after 9pm I would look up the Fair Debt and Collections Practices act. You are prohibited from making contact after 9pm. If the person comes out that is different, but you can't knock on the door. I understand if the agent wanted to let you get stuff out of the car.
Carmax would be the dealer, correct? They had to finance it through someone else unless they did it in house.
Ky is a self-help repossession state which means they can repo the vehicle as long as they do not breach the peace. As for the CDL it is not required in Ky.
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QUESTION: one more thing...
would they have had to break into my car to put the vehicle in neutral, etc to tow it? (slim jim?) They did not *get* the key until *after it was loaded* and they asked me to clean it out. Given the marks in the gravel, I'm not sure if they set it up for a safe tow. Had I not been home, they would not have had a key, so I suspect they disengaged parking without me (and maybe not), but would not how. Is there a particular procedure for this????
Thanks again.
AnswerYes, they would have had to gain access to the vehicle to open the hood and disconnect the shift linkage. If you said there were drag marks then they did not initially put the vehicle in neutral. It is common to hook up to the rear of a vehicle and you can pull it in gravel without a big risk of damage. Many professional repossession agencies use "go jacks" which allow you to lift the drive wheels off the ground. Some agents have used a soap solution which is also fine, you just can't pull the vehicle far. Most Ford Taurus' do not have a "bypass" for the shifter so they would have had to disconnect the linkage. as long as you do not tow the vehicle too far or too fast you can get a vehicle out by doing this. If you gave them a key then apparently they did not have one. Many finance companies and car lots do keep an extra key to a financed vehicle or key codes where a key can be made. Often a repo agent will not tell you they have a key when they actually do.
