by druidabruxux

Question by JustMe: Being harassed — defaulted car loan, car not returned. Are they blowing smoke?
A friend I once lived with in the past defaulted on a car loan last year and at some point the bank initiated the repossession process. The bank could not recover the vehicle and the debtor changed their phone number, etc and presumably has been garaging the vehicle elsewhere. I have been receiving harassing voicemails from a skip tracer at an asset recovery firm (presumably because we once lived together) trying to get information, claiming that the bank has demanded loss payoff from their insurance company on the vehicle and that once the claim is paid the insurance company will take title on the vehicle and this will somehow dramatically change this it into a matter of theft. It all sounds fishy to me. As I understand, the creditor, insurance company, or whoever owns the collateral, needs to go to civil court and get an Order of Replevin to recover the collateral. The recovery firm is trying to make it out as if this person could be charged with theft. What’s going on here?
Galen, I am trying to make this person see that it would be best to just end the matter and move on. It has become a matter of being scared, in denial and choose to do nothing and ignore the situation instead.
I am neither a co-signer nor have any legal or household relationship with the individual.
I agree taximomuv3. I’m pretty confident their actions are subject to remedy under the Fair Debt Collection Practices Act.
QB, the loan was paid in good faith for at least a year until a job loss so I don’t think they could prove an intent to defraud.

Best answer:

Answer by taximomuv3
They’re saying whatever they can to get you to rat out your friend – tell them to stop calling or you’ll report them for harrassment. May have to change your phone number though. also – I didn’t think it was legal for them to give any information to anyone else regarding this matter – you may want to take down his name and number and go visit your local DA and see what they have to say.

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