Legal Question in Consumer Law in California

gmac repo reps won't fax

my 07truck in ca repo for 1 lateNSF in

oct., i was told several time to redeem

my vehicle I have to send 3 pymnts

plus fees, when I ask for it in writting

or fax they refuse. Do I have any

rights or can I record & use that as

proof


Asked on 10/26/07, 10:09 am

1 Answer from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: gmac repo reps won't fax

There are several laws that protect consumers in situations like yours. You should have received notices in the mail that advise exactly what you must do to obtain your vehicle.

We have experienced a bank placing too many conditions on the release of a vehicle after repo, in violation of the borrower's rights.

They probably don't HAVE to fax you anything. If you don't have a letter setting out the steps, just ask them over the phone to identify everything you have to do to recover your car, write it down carefully . . . and get the full name of the person you spoke to.

You probably can't record them without permission. Ask if they're recording the call for "quality assurance" and tell them you're recording the call, too. If they consent, you're fine.

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Answered on 10/26/07, 12:43 pm


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