Need some help/advice with a legal problem.
05-10-2006, 06:36 AM
#1
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Need some help/advice with a legal problem.
I am having all kinds of issues with my bank. First they screwed up when my silvy was totaled. The insurance company called them for the pay off and they quoted the wrong amount. The insurance company paid what they were told, got the title and were done. Thing is the bank left a $2K ballance due to there mistake, and they want me to pay it. They said they will give me a personal loan to pay that amount off with 17.5% interest. 
I told her I refuse to be charged for there screw up and that I would pay the amount off at no interest. I thought I was being fair because it was there mistake. Well the lady I spoke to said she would talk to her manager and call me back. 2 days later I get served papers where they want to take me to court. Now I'm pissed and dont want to pay them a damn thing. What are my options here?
The other problem I am having with them is even bigger. My Blazer aparently is still in the original owners name. Somehow it slipped through the cracks and without the other owners signature the bank cant get the title. I cant register it, I cant sell it, I cant trade it in, and I cant get the title for it when its paid off. It has been sitting for the last 6-7 months because I cant drive it, yet I'm supposed to pay on it. What happens when I pay it off, NOTHING!!!
What can I do in this situation? I am really pissed about this screw up. With them not being able to get the title can I just stop paying them till they get it strait? They cant repo and resell it if they dont have the title right?
Thanks for any help guys, I really need it.
I told her I refuse to be charged for there screw up and that I would pay the amount off at no interest. I thought I was being fair because it was there mistake. Well the lady I spoke to said she would talk to her manager and call me back. 2 days later I get served papers where they want to take me to court. Now I'm pissed and dont want to pay them a damn thing. What are my options here?The other problem I am having with them is even bigger. My Blazer aparently is still in the original owners name. Somehow it slipped through the cracks and without the other owners signature the bank cant get the title. I cant register it, I cant sell it, I cant trade it in, and I cant get the title for it when its paid off. It has been sitting for the last 6-7 months because I cant drive it, yet I'm supposed to pay on it. What happens when I pay it off, NOTHING!!!
What can I do in this situation? I am really pissed about this screw up. With them not being able to get the title can I just stop paying them till they get it strait? They cant repo and resell it if they dont have the title right?
Thanks for any help guys, I really need it.
05-10-2006, 07:00 AM
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Sounds like you need to talk to a lawyer and get his advise, but in the end you will probably have to pay the $2,000. After everything is settled up, get another loan officer at another bank, and tell your current bank to f**k off.
05-10-2006, 08:18 AM
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Originally Posted by cbrich
Sounds like you need to talk to a lawyer and get his advise, but in the end you will probably have to pay the $2,000. After everything is settled up, get another loan officer at another bank, and tell your current bank to f**k off.
As for the Blazer, I cant transfer it to another bank. You need the title to do that. I wish it was as easy as just refinancing it somewhere else. Its just a yard ornament now. I cant do ANYTHING with it exept pay on it. Then when its paid off I dont get a title for it.
05-10-2006, 08:47 AM
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I am NOT a lawyer:
If you choose to pay the 2,000 then they don't have the right to ask for any more than the original loan interest rate, it's not your fault they released the collateral - if you present it like that they don't have a leg to stand on b/c what they got from the insurance company was only a lump payment toward principal, it in no way effects the loan terms.
As for the Blazer, you need to track down the previous owner in any way possible to get the paperwork straight - never accept a vehicle without having a signed title in hand
If you choose to pay the 2,000 then they don't have the right to ask for any more than the original loan interest rate, it's not your fault they released the collateral - if you present it like that they don't have a leg to stand on b/c what they got from the insurance company was only a lump payment toward principal, it in no way effects the loan terms.
As for the Blazer, you need to track down the previous owner in any way possible to get the paperwork straight - never accept a vehicle without having a signed title in hand
05-10-2006, 08:48 AM
#5
How financial institutions handle pay off balances, insurance companies, and Dept of Motor Vehicle is very state specific. Getting advice on this is gonna be hard. If you got served, unfortunately you are left with one option...get a lawyer. Yeh it sucks because now you have to pay a freaking lawyer. My wife is a bank rep mngr and she'd tell ya to ask the insurance company for all of there back up of how they handled the situation. Then with a lawyer, you'd prove to the bank lawyer that the bank misquoted and it would be easy in court to prove you wouldn't be in your situation if the bank didn't make a "numerical error". They have huge legal expense buffers to handle you, they won't budge now that it's their legal department. Get a lawyer or you'll have 25% of your paycheck paying the bill plus their lawyer fees....a judgement. Don't play they said this or that anymore. It's all factual/documents from here on in.
It sucks dude, but you won't be able to handle their legal department, which for banks is every big lawyer firm in your area...it's common practice for them to put as many big lawyers on a retainer as possible. This way your lawyer won't be as big as theirs.
It sucks dude, but you won't be able to handle their legal department, which for banks is every big lawyer firm in your area...it's common practice for them to put as many big lawyers on a retainer as possible. This way your lawyer won't be as big as theirs.
05-10-2006, 10:04 AM
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Originally Posted by dewmanshu
How financial institutions handle pay off balances, insurance companies, and Dept of Motor Vehicle is very state specific. Getting advice on this is gonna be hard. If you got served, unfortunately you are left with one option...get a lawyer. Yeh it sucks because now you have to pay a freaking lawyer. My wife is a bank rep mngr and she'd tell ya to ask the insurance company for all of there back up of how they handled the situation. Then with a lawyer, you'd prove to the bank lawyer that the bank misquoted and it would be easy in court to prove you wouldn't be in your situation if the bank didn't make a "numerical error". They have huge legal expense buffers to handle you, they won't budge now that it's their legal department. Get a lawyer or you'll have 25% of your paycheck paying the bill plus their lawyer fees....a judgement. Don't play they said this or that anymore. It's all factual/documents from here on in.
It sucks dude, but you won't be able to handle their legal department, which for banks is every big lawyer firm in your area...it's common practice for them to put as many big lawyers on a retainer as possible. This way your lawyer won't be as big as theirs.
It sucks dude, but you won't be able to handle their legal department, which for banks is every big lawyer firm in your area...it's common practice for them to put as many big lawyers on a retainer as possible. This way your lawyer won't be as big as theirs.
I just got off the phone with them and they have added fees to my Blazer account to file for the title again. They added a $35 registration reinstatment fee and say its on there because its my fault they cant get the title. I wish I could sue this ******* bank!!!!!!!!!! THIS IS BULL ****........
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05-10-2006, 10:47 AM
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Originally Posted by Snake Eater
Cool thing is this is a small bank with only a couple offices, so I doubt they have huge money for lawyers. Its such a small amount a normal bank wouldnt even waist there time with small claims court. I have printouts and statements from the insurance company showing there quotes payoff, along with bank printouts from the account.
I just got off the phone with them and they have added fees to my Blazer account to file for the title again. They added a $35 registration reinstatment fee and say its on there because its my fault they cant get the title. I wish I could sue this ******* bank!!!!!!!!!! THIS IS BULL ****........
I just got off the phone with them and they have added fees to my Blazer account to file for the title again. They added a $35 registration reinstatment fee and say its on there because its my fault they cant get the title. I wish I could sue this ******* bank!!!!!!!!!! THIS IS BULL ****........
05-10-2006, 10:53 AM
#9
if it's a small bank then maybe a lawyer is even a better idea. They don't have the time and money to invest in it either.
Your title, I am confused...so you secured a loan to buy a vehicle privately? The bank should of never given you the loan without a title...I'd imagine. So you went in, filled out the app for a loan for a 99' blazer, got approved, and then they said make sure you bring in the title once you buy the vehicle right? As Nick says, can't you find the owner and have him sign your title? TG02Z71 but it was your in the first place...your bike, your name on the title. Snake's name isn't even on the title. If that was true we all could go in with other people's VIN's and get titles!
Get a lawyer...you'll win.
Your title, I am confused...so you secured a loan to buy a vehicle privately? The bank should of never given you the loan without a title...I'd imagine. So you went in, filled out the app for a loan for a 99' blazer, got approved, and then they said make sure you bring in the title once you buy the vehicle right? As Nick says, can't you find the owner and have him sign your title? TG02Z71 but it was your in the first place...your bike, your name on the title. Snake's name isn't even on the title. If that was true we all could go in with other people's VIN's and get titles!
Get a lawyer...you'll win.
05-10-2006, 10:56 AM
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just out of curiousity...do you have to fail an IQ test to work at this Bank? I think you got the 2k$ issue solved, just get a lawyer, you should then be able to counter sue for your lawyer fees and such. the blazer issue, track down the guy you bought it from, thats your only option...if it wasnt going to court, I would just say don't pay the 2k$ and when it shows up on your credit report, call the reporting agency show them where your insurance company paid off the loan and have it taken off...