What should I do, or do I have to do?

by Guest » Thu Feb 04, 2010 07:58 pm
Guest

I had an accident (not my fault) in November. I listed my lienholder when I opened my policy in January. Oddly enough my insurance company dropped my lienholder for one week.(they were unable to contact them) This just happened to be the week of the accident. I received payment in my name only even after telling the girl that issued the check there was a lienholder.She made the draft out to me only. I had every intention of fixing the vehicle, but some other problems arose and I used the money. I had two vehicles both purchased at a buy-here-pay-here (first mistake) the non-wrecked vehicle lost the engine 800 miles away from home. I stopped payment on my car payment check because i had to rent a car.As a result they repo'd my other car because the payment was one day late.Now the lot has a wrecked vehicle and I no longer have money. Is it my responsibility to repay the amount. The insurance company relisted the lienholder two days after paying me.

Total Comments: 19

Posted: Thu Feb 04, 2010 09:22 pm Post Subject:

Might just be me but I'm thinking, why ruin your run of not living up to your responsibilities?

Your lien holder probably has a right of recovery from your insurance company. Perhaps not. Your insurance company would resist payment but if they made it, they seek recovery from you. They might have a little more difficult time as they made a voluntary payment but I'd bet they'd turn it over to a collection agency none the less. Right now your lien holder certainly has a right of recovery against you! You were responsible for maintaining the vehicle and you did not.

Seriously, putting aside all of the other stuff you did wrong, you now expect to keep the money for the damage to the vehicle and short your lien holder? Not once... but TWICE!???? :roll:

Hey, if you are in a bad situation, I can understand.... but from your post you are consistently taking advantage of other people with whom you've entered into contracts.

Posted: Fri Feb 05, 2010 12:24 am Post Subject:

Ok, you got the "Uncle Tcope" lecture...grab your boot straps you got one comin' from Mama Lori too!

Before I start what will surely be a 'rant'...let me preface it by saying, I totally understand hard times...been there done that. BUT I have a sneaking suspicion that you NEVER had good intentions. People that struggle and have character, would handle every one of these incidents by going directly to the other party involved, explaining the situation, and then working something out that would resolve the problem...NOT run, hide, sneak and steal..

I received payment in my name only even after telling the girl that issued the check there was a lienholder.She made the draft out to me only.

yeah, I kind of doubt that...I don't think you told her this...She KNOWS what can happen...

I had every intention of fixing the vehicle, but some other problems arose and I used the money

What road is that, that is paved with good intentions? hmmmmm

I had two vehicles both purchased at a buy-here-pay-here (first mistake) .

But you did it twice? :? couldn't have anything to do with your credit rating could it? :roll:

the non-wrecked vehicle lost the engine 800 miles away from home. I stopped payment on my car payment check because i had to rent a car

WOW ! you stiffed 'em there didn't cha' bub? What did that stop pay cost you? I'm betting a min. of 50 bucks..but hey what's money right? Just stiff the bank...

As a result they repo'd my other car because the payment was one day late.

Sorry NO WAY did a 'we tote the note' car lot repop a car for a payment being one day late..no stinkin' way..there's WAY more to it than that...These places are used to late payments...And you're saying the repopped the 'other' car, NOT the one that had a late payment? Again...NO WAY...

Now the lot has a wrecked vehicle and I no longer have money.

Sucks to be them doesn't it? :roll:

Is it my responsibility to repay the amount.

Are you kidding me? Why would you pay them when you don't pay anyone else? :roll: Of course you are responsible for this! :x

The insurance company relisted the lienholder two days after paying me.

What's that got to do with anything?

Look, you KNOW what the right thing to do is...You KNOW what your responsiblitys are...You KNOW that you are shirking those responsiblities and agreements that other people/companies entered into with you in good faith...So don't act like you DON'T know....

Suck it up, put on your big boy (or girl) pants, and start behaving like a responsible adult. Or, stop pretending to be an adult by entering into these contracts, then stiffing everyone you come into contact with, causing them untold grief...geeeeeeeeeeeeeeeze !

Posted: Fri Feb 05, 2010 12:42 am Post Subject:

I feel a little better about my post. I thought I was a little strong in that I had a tough day but that was some TOUGH LOVE from Lori.

Posted: Fri Feb 05, 2010 12:45 am Post Subject:

TOUGH LOVE from Lori.

CLEARLY someone else didn't provide when it was needed :wink: Look I have a 31yr old daughter and a 28 year old son...I'd flippin' skin them alive if they did ANY of these things......STILL.....

by the way, another ice and snow storm coming my way tonight and tomorrow, that might've added to my 'edge' :wink:

Posted: Fri Feb 05, 2010 01:12 am Post Subject:

:shock: :shock: :shock: Wow Lori. I stopped in CRS today but you were out crack'n skulls I guess :lol: :lol:

Posted: Fri Feb 05, 2010 05:16 am Post Subject: Car accident

It is definitely your responsibility to pay the amount. Why would you use the amount paid by the insurance company for anything else? It is only your responsibility to fix it.

Posted: Mon Feb 08, 2010 02:35 pm Post Subject: this post

O.K., Let me fill in some blanks in the story. The car that lost the engine was supposed to have the engine under warranty through the lot where I purchased it. He wanted to charge me $3500.00 to replace the engine. Said he didn't wanna foot the $1200.00 tow bill to get the car back to his mechanic, where the engine would be replaced under warranty. I told him that was ridiculous and I wouldn't pay it, it was "under warranty" (This is car #1)

Car #2 was popped in retaliation to my unwillingness to pay for the repairs on car #1. I have done business with these people for 1-1/2 years. I have always made my payments. I was out of town, which is why car #2 was late. Which he knew in advance.

And I did have every intention of fixing the car, it was my car and I loved it, I didn't wanna drive it around smashed up.

Yes buying from a buy-here-pay-here had everything to do with my credit rating, I lost my job due to the economy and cutbacks about 2-1/2 years ago, couldnt find another for almost a year, nearly lost everything and had to file a chapter 13 to save what was left.

As far as the insurance girl, I absolutely told her I had a lienholder, I had him on the phone while at the insurance company to figure how to get the vehicle repaired and what to do with the check. i have never had a vehicle with a lien receive damage. She came back out and said there was no lienholder on record and she made the check payable to me. She said she wont tell if I don't <---- exact words.

I took the car to the lot, showed him the damage and explained that I would get it repaired, I was still waiting on the deductible. I have some of the parts that were ordered still in the garage. I told him the check was only made out to me. I was not dishonest about any of this.

If I owe the money that is fine, I have already made arrangements with the insurance company to pay it back.

I did not come here to be judged, I was asking for advice. I think before you react and start dogging people, you should get the whole story. I have always had good credit until I lost my job.

Thanks for taking the time to read my post and give your opinions.

Posted: Mon Feb 08, 2010 03:10 pm Post Subject:

Car #2 was popped in retaliation to my unwillingness to pay for the repairs on car #1. I have done business with these people for 1-1/2 years. I have always made my payments. I was out of town, which is why car #2 was late. Which he knew in advance.



This car has nothing to do with car #1. If I was you, I would have reported it stolen. The lot then can explain to the authorities their rationale for "popping" car #2.

She came back out and said there was no lienholder on record and she made the check payable to me. She said she wont tell if I don't <---- exact words.



Then at that point you should not have accepted the check. You knew you had a lein holder, and that this what not your money, technically. Nevermind what he said/she said, it was still wrong and you knew it.

Said he didn't wanna foot the $1200.00 tow bill to get the car back to his mechanic



Did the warranty cover tow bills? Mine does not not.

I did not come here to be judged, I was asking for advice. I think before you react and start dogging people, you should get the whole story.



We can only base our opinion/offer advise on your own words. You accepted payment by your own admission that what was not technically yours to begin with. Perhaps you should have told the whole story to begin with.

I have always had good credit until I lost my job.



How did loosing your job cause you to have bad credit?

Posted: Mon Feb 08, 2010 03:13 pm Post Subject:

My reply above.

Posted: Mon Feb 08, 2010 03:20 pm Post Subject:

Here is a quote from your initial post:

I stopped payment on my car payment check because i had to rent a car.As a result they repo'd my other car because the payment was one day late

Here is what you then wrote:

Car #2 was popped in retaliation to my unwillingness to pay for the repairs on car #1. I have done business with these people for 1-1/2 years. I have always made my payments. I was out of town, which is why car #2 was late. Which he knew in advance.

If I understand it correctly, you stopped payment on the loan payment check for vehicle #1 with the blown engine. In other words, you did not make the payment. You were then late on your payment for vehicle #2 as you were out of town. So you did not make the payment on this vehicle either. But you also state that you always make your payments.

The loan company not honoring their warranty and your loan payments are two different things. If you don't make your payments, they have every right to repo either car. If you have a warranty with this company and they don't honor it, you can pursue this matter separately. I'd recommend small claims court.

She said she wont tell if I don't

So you knew the lien holder should be on the check, was not, and that this was incorrect. This only shows you knew cashing the check yourself was wrong... but it does not change anything. You took the money that should have gone to the lien holder. That stands on it's own. In that it's obvious that you knew only shows your intent.

As mentioned, you knew the money you received needed to be used to repair the vehicle but you choose not to do this. But then you ask if you need to repay this money. You say that you took the vehicle to the lien holder and discussed this. I'm betting they pointed out already that you needed to pay them (this goes along with them repo'ing the 2nd vehicle for only being 1 day late... they probably were worried about you keeping the 2nd vehicle after what happened with the 1st).

If you lost your job and are on hard times, that is understandable. But this does not mean you don't need to get behind your situation and attempt to make it right.

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