Ask Experts Questions for FREE Help!
  Advanced
Register  |  Log in  
   Ask    
 Answer  
  Help  

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Law > Other Law   »   Auto loan default

 
Thread Tools Display Modes
Question
 
 
#1  
Old Feb 1, 2007, 06:03 PM
offtogoff
New Member
offtogoff is offline
 
Join Date: Feb 2007
Posts: 1
offtogoff See this member's comment history on his/her Profile page.
Auto loan default

Good evening:
I currently have my auto loan through Wells Fargo bank. I have paid on my loan for the past three years without incident. On December 13, 06 I contacted WF to discuss paying off my loan since I was re-financing my home to clean up debt. They told me the payoff amount and that was that. I did not make my December payment since I thought we would be completed with the re-fi process. Because of issue's pertaining to the re-fi it was pushed back and back until today, Feb 1 07. As a result I have missed two payments on my Auto Loan. Please keep in mind during this timeframe I was in constant communications with Wells Fargo keeping the abreast of the situation. As many of you may have experienced, you never get the same customer service person when dealing with these types of companies. In any regard this brings me to my frustrations and question.
I noticed today while I was on line, that somebody had withdrawn from my Checking account that I have with Wells Fargo as well, an amount equal to 2 month's car payments with late fees. Now, it's important to understand that I have been dealing with them weekly via the telephone updating them on the re-fi situation and asking them on occasion if my account was in good graces and not subject to any problems. They assured me since I had been diligently working on this and communicating, that it was not. I've read my agreement pertaining to the loan and nowhere does it state they can access my checking account to retrieve past due payments.
Can they legally do this without my consent? or at least notification via telephone, email, letter anything, informing me of their intentions? Now they have told me my account is in the repossession department with Wells Fargo. This department was closed this evening so I could not see what their justification was in doing this.

It just concerns me that somebody can take money from my checking account and apply towards another account without telling me,,,,,,is this legal???
Help please,
regards,
Tom

Reply With Quote
 
     

Answers
 
 
Old Feb 1, 2007, 07:42 PM   #2  
New Member
popsinflorida is offline
 
Join Date: Jan 2007
Posts: 22
popsinflorida See this member's comment history on his/her Profile page.
dont know about the auto ins.. but if your refinancing your home make sure the home insurance stays up 2 date....if you let it lapse, they might drop you like a hot potatoe
and once your without homeowners insurance its tough to get insured by other companies.
they figure they didnt want you for a reason...just my own experience....good luck

Comments on this post
ScottGem disagrees: has nothing to do with the question, no where is insurance even mentioned.
  Reply With Quote
 
     
 
 
Old Feb 2, 2007, 04:49 AM   #3  
Expert
excon is offline
 
excon's Avatar
 
Join Date: Aug 2005
Location: On the outside
Posts: 8,812
excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.
Hello off:

The minute you were late on your payment, the bank had the right to repossess the car. They took their money instead. If it were me, I'd be happier that they did that, than if they took my car.

If you want to stop them from taking your money in the future, put your checking account in another bank.

excon
  Reply With Quote
 
     
 
 
Old Feb 2, 2007, 04:56 AM   #4  
Computer Expert
ScottGem is offline
 
ScottGem's Avatar
 
Join Date: Jan 2003
Location: LI, NY - USA
Posts: 23,849
ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.
Pay to call ScottGem for advice ($.75/min)
Call ScottGem via Skype™
Generally, when you have a loan from a bank where you have savings or checking, they do have the right to apply those funds towards the loan.

Frankly, even though you exercised due diligence in keeping them informed, you should not have skipped payments. As soon as a payment was due and the refi hadn't occured, I would have made the payment. Payoff balances are good for a limited time, so you have to keep checking on them.

I think you should count yourself lucky, then didn't repo the car and screw up your credit.
  Reply With Quote
 
     
 
 
Old Feb 6, 2007, 02:18 PM   #5  
New Member
popsinflorida is offline
 
Join Date: Jan 2007
Posts: 22
popsinflorida See this member's comment history on his/her Profile page.
i was just giving you a (by the way)as i explained ....you mentioned refinancing your home
to clean up debt.....most mortgages have insurance included...when you refinance possibly with a home equity, alot of institutions dont include payment of insurance unless requested....thus i mentioned it to save you alot of heartache.and MONEY...which it would cost if an accidental lapse occured, and does happen daily in the real world.and considering your non-payment methods of handling transactions. now you know so it wont happen to you..
best of luck
  Reply With Quote
 
     


Thread Tools
Display Modes

 
Similar Sponsors

Similar Threads
Question Asker Forum Answers Last Post
401K Loan vs. Home Equity Loan Birchwood Retirement 2 Dec 29, 2006 09:04 PM
401k home loan default MacTech Taxes 3 Nov 15, 2006 04:30 PM
default judgement mscott39ny Other Law 2 Jan 27, 2006 06:19 PM
Default on car loan abdulsene Bankruptcy & Debt 6 Jan 19, 2006 04:32 PM
Obtain Auto Loan while in Chap.13? dable Bankruptcy & Debt 0 Dec 3, 2004 12:36 AM




Copyright ©2003 - 2007, Ask Me Help Desk.
All times are GMT -8. The time now is 09:30 PM.