How to keep the car when an auto loan is charged off

My co signer declared bankruptcy and the finance company refuses to talk to me or the cosigner. All payments are still being paid on time and there are no late or missed payments. I am getting close to making the final payments and want to know the total still owed. How to I get them to respond to me?

I owe over $6,000 on my car. They extended the loan. It was a 5 yr. loan now they say it's until 2014. they sent a settlement letter for around $3000. they say it's a charge off. If i send them the $3,000 and they send me the title is the charge off still on my credit. Also the settlement letter says dear *#$#@ name &%$#last. I asked them to send a letter with correct name and terms. Telemarketers for the agency keep changing price and when I negociate. Will I still owe the remaining balance to equal 6000 and how will I know they will send me title. Really shacky agents I speak with. Different story and amount every time. Please help before I send any money.

Even though a car loan has past its maturity date, but there is still money owed due to extensions and some late payments; can the lender still charge off your account if you are making payments on a month to month basis. Does the 180 day rule stand if the lender accepted payments since the maturity date and the the last payment was last month and not 180 days ago?

I have a car that has been charged off and never repossessed, I even told the dealership to pick it up, it has been in my possession for 3 year it had broke.down and now it's fixed. If I buy a tag for it will they repossess it+

Car was up for repo but the vehicle could not be found. The loan company has written off the debt. Another company has purchased the "loan." Could they also be interested in "getting" the car?

I have a delinquent car loan going on 3 years. I am trying to make payment arrangements on the car loan, but they have been very cagey about putting it all in writing. How can I be sure they will not recover the car once I send them more money? The bank is GM financial.
(772)323-7210

I made all of my payments on my truck and I got some extension and paid the extension and the lender say I owe interest and charging off the loan what happen now?

When a car is charge off can they repo the car or not if so can I pay the loan thru the collection agency

My vehicle was never picked up, even though, I have informed WF of my inability to pay, and asked Mr....name to be provided after this communication is confirmed...

It has been charged off, it shows on my credit report, now, I am moving, house is in foreclosure, and with no transportation, so what are my legal remedies?

PR

If a lender charges off a vehicle loan but hasn't repoed the automobile, they lose the right to repo the vehicle. All credit and loans have what is called Credit Default Swaps which is insurance on the alleged debt. When a loan or credit is charged-off, the insurance pays off the alleged debt. This means that the auto loan is paid off. It is supposed to be credited towards the alleged account, not stuffed into the lender's pocket.

Instead of paying for deleting, it is better to challenge the charge off with the original creditor and the 3rd party collector who buys the alleged debt. They have to prove that they are not committing both insurance and tax fraud, since they did get insurance monies and they did get tax credits for their alleged loss.

Plus, 73 AmJur 2nd, Sect. 90 states that a 3rd party collector has NO RIGHT to claim they have the right to collect. If they are not on the original contract, they are a "stranger to the transaction" and a "voluntary payee" who acted on their own behalf, not the consumers, therefore they have not created a legal liability between themselves and the consumer. They should be challenged to produce a valid contract between them and the consumer, which we know they don't have. Without a valid contract (including 4 essential elements - Offer, acceptance, mutual consideration (they don't have this) and meeting of the minds (they don't have this)) there is NO VALID CONTRACT!

UCC 3-501 states that if they make a presentation (demand for payment) they must show the negotiable instrument and be able to prove that they are the true owner of that instrument or that they have the legal authority to collect. They cannot do this. Plus, UCC 3-305 states that if there was any fraud involved (and there always is), the consumer has no obligation to pay.

Use the laws to fight for your rights. By the way, this information applies to mortgage loans and credit cards as well.

there was a charge off on my car and I did not hear anything from the bank and know someone hit my car and it is totaled and know the bank will not release the title until I pay off the charge off
should I try to neg. an amt. with the bank or am I responsible for the full amt.
thank you
mary

Can a charged off car be insured?

I helped negotiate a settlement with a collection agency in Texas which is a debt purchaser of an automobile loan for a friend. I was able to obtain in writing May 2013, a settlement agreement letter which stated that if she paid a total of 1700.00 in two payments, 1200.00 by 5/30/13 (paid before due date via money order overnight mail received) and 500.00 by 6/6/2013 she would get her title. The company breached the agreement by repossessing her automobile about 10 days after she made the 1st payment of the written agreement. What can be done about this?

i only owe 2,000 dollars to paid off the vehicle but i don't have the full amount but my car had been charged off a few days ago, can they still repossess my car? the value of my vehicle is a lot higher than what i owe?

If the vehicle has been listed as a charge off and I file for bankruptcy does that halt the repossesion process.

Will a cease and desist letter work after a judgement and garnishment ha already been enrolled

I'm behind six months on car payment. Can I go to jail for it if I didn't return my csr to them because I was trying to get the money

I was behind on payments to Harley Davidson I never received a notice of intent to repossess now they are saying my account is charged off but they are still accepting my payments one was for 800 and the other for 500 I live in Louisiana

I called finance company today I am more then a year late they sayed the balance is over 5000.00 they sayed I could make a settlement if I pay % 30 of that like 1500.00 and it will say settlement on my credit but they say I have 10 days and can only do western union or money gram and I will get the title in 30 days can they just keep the money and not send my title

I had a BK in 2010 and the lender who is out of my state agreed to a charge off because the vehicle at the time was worth less than owed.
I still posses the vehicle maintaining the registration and insurance but now would like to buy or return to lender. What would be my best options.

I had a car charge-off debt more than 8 years ago. The car was disabled and never repossessed and no legal action was taken ever. At one point before I stopped paying I tried to return the car but the dealer refused. Now the car is fixed and running. I paid for the registration and insurance every year. The account involved along with the charge-off has been deleted from credit report.
What is exactly my legal situation now.
Thanks for your advice

My car loan is in a family members name. I was 3 months behind but am now current. I just noticed that my payments have not been applied to the loan. Instead the payments are sitting in a savings account. The lender says the account is on hold pending conversation with the account holder. Can they still repossess the car and my payments are current?

Hello, had a question, we have a "charge off" showing up and found out we were given a "charge off". We actually paid the account in full, received the lien and traded the vehicle in when we got another vehicle. Can the lender remove the "charge off" since it's paid in full?

My car was impounded due to registration done on purpose by my husband because we we separated meanwhile I think he got the car out of impound an then moved from calif to Florida now on the loan paper on credit equifax report it says charge off on the loan that started at 15,000 an went down to 9,000 how do I know for sure it was charged off an he has the car or the loan company has the car , the car was a wedding present but in his name on tittle but registered to both of us ??

Is the car charged off when a payment hasnt been made at all in 180 days or just deliquent period

What if I am a co-signer for a car that's been charged off. The bank did'nt notify me untill it was chaged off. what should i do

If my car is listed as charge off with finance compay and they dont repossess it and I later pay if off, does that company have to give me my title?

Hi a unique situation Carol I have a loan with Toyota Financial on a 07 Toy Tundra. My loan was at$ 105,000 due to bad judgement. I paid $85,000 of loan and had a bad time in life could not pay. They have tried for 18 months to repo my truck. They have been unsuccessful. A court lady called me. I explained that i was trying to pay a payment or two. trying to pay. Not Total, but something. But creditor was still going to repo. and that i couldn't risk paying money and lose my truck anyway. Toyota wanted full ballance . She was sympathetic . Never contacted me again. I stilll have my truck and it is charged off. And Repo has ceased from what i can tell. Where do I stand with this Truck? Thank you Jeff premierfight@gmail.com

I was deployed in 2008 and the bank knew I was deployed n they defaulted my car loan n when I got back I realized they slapped it to my credit report and under the soldier civil relief act it's states that lenders can't default car loan because it's breaching contract how do I go about settling the debt

I have been unemployed for 2.5 years. My daughter and I were paying on a car together but my unemployment benefits stopped in Dec 2013 when Congress didn't renew them. We owe from February 2014 through June 2014 and will soon owe for July 2014. We received a letter from Ally Bank, the lender, that they have charged off the vehicle and I want to know what the next step is. I need the car to find work but my daughter is expecting a baby , had complications and had to go out early on disability, which she isn't receiving yet. What can we do? What will they do?

EO8Zyo Hey, thanks for the blog.Really thank you! Much obliged.

I have a loan through credit acceptance...I check my credit rating and it shows loan is closed....also shows charge off collections....balance is $196....I am assuming that is all I owe...can they repossess the vehicle fir that amount..if I oat the $196 will the loan be considered paid in full...I refuse to fall them if I can avoid it as they arecextremely nasty...I have just Bern osyong between $100-200 a week to get loan laid off...thank you for any help

I have a 2004 Chevy Impala. I filed bankruptcy in 2007 and the court allowed $7000.00 for the car to the lender which was paid. I subsequently was dismissed in 2010 because my husband lost his job and we could not make the 1600.00 a month payment.

Now, the lender has turned over to collections the total they want is $11890.15. The collection agency is offering me a settlement of $4756.06 which I can not pay in full.

What do I do?

My car loan was "charged off", yet the lender sent me the title. Can I legally sell the vehicle?

I have spoken to the lender and they will not give me any leeway beside volunteer to give up the car or pay the loan amount in full. but I don't have the money for it, beside the money I can pay toward the monthly payments. what should I do???

My finance company has been trying to repossess my vehicle due to lack of payments. They have been unable to locate the vehicle. If they write the vehicle off. Then what happens to the vehicle when it is located? Can it be driven? Can someone have it registered or file for a title?

I have not made a pmt in over a year and the car was charged off over a year ago. I FILED CHAPTER 7 last month and received a discharge. Why has the bank not taken the car?

Hi my car has been charged off and my credit is not that great due to my self employed business going bad and I'm working a job that does not pay enough. I'm late on the car and really need a lower payment. When I bought the car I had a bad deal and I'm paying for it double. I have already paid 15000.00 for a 10000.00 car and I still owe 10 grand on it. What can I do

Hi my car loan just went as a charge off and I was not aware because I didn't make a payment in December. Just got a call from the collection agent that I need to pay 1,000 or their coming to get my car I live in NC since when a collection agent take cars

I just been notified that my car loan has been charged off. Their is a collection agency wanting me to make payments I can make but I can make payments it just not what they want. I live in NC what can I do I want to keep my car. It has not been repo.

I have the title to my car, and payed it off. I never been late, or over 6 months, yet the creditor added a charge off on my credit report.Is this legal?

I HAVE TWO AUTO LOANS. ONE OF THE CAR LOANS WAS MY HUSBAND'S CAR THAT HE HAD TO RETURN AND WE ARE CURRENTLY PAYING THE DIFFERENCE. WE WERE PLANNING TO PAY ONE OF THE AUTO LOAN COMPLETELY BUT THE FINIANCE COMPANY SAID THAT EVEN IF WE PAY THE LOAN WE WILL NOT BE GETTING THE TITLE OF THE CAR UNTIL THE OTHER IS PAID IN FULL? WHY IS THIS? IS THERE A WAY WERE I CAN GET THE TITLE LOAN ON THE CAR I WANT TO PAY OFF? THANKYOU

I live in the state of Georgia and recently the car was charge off I have offered to have the payment deducted from my pay but they are calling in the whole amount is there some way I can prevent this from happening

I went to a dealership in 2011 to trade in my car a newer one. The salesmen called the finance company and got the wrong payoff quote. 2 months later i get a phone call that they need to restructure the loan when I gto the dealership i was handed a new contract so i signed it not reliezing that I was sign the loan that didn't include my trade. The finance company repo the car sold it at an auction and they want 9,000 from me. I didn't screw up they did but I'm in trouble and don't have the money to pay for it

I want to keep the car but it seems like l have no
Say in this matter. My bankruptcy was dismissed and my account charged off
Without any negotiations with me. I paid more for bankruptcy than car note, what
Can l do?