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Gmacreposession and asking for more money

About 3 years ago, my wife and I had to file chapter 13 bankruptcy. Gmac was one of the creditors in the bankruptcy. At the end of 2009, due to my wife losing her job at the beginning of 2009, our bankruptcy was dismissed. During the period, however gmac recieved $3618.00 for the 2002 impala I had. The claim amount for the bankruptcy was $5550.00. Well 2 months after the dismissal, gmac claims they tried to call me 3 times to contact me. They called alright, twice while I was a work and 1 time when I was asleep during the day because I work at night. They have my cell phone number, which they never called and the 3 times they called were all to the house number.
On february 22, 2010, without contacting me, my bankruptcy lawyer, or no notice in the mail, they sent the repo man to my house to collect the car. While the tow truck driver was here, I called them and they told me that to get the car back I needed to pay $4800.00 and to call back in 24 hours. I got my stuff out of the car and let the repo man take the vehicle. I then called 24 hours later, that $4800.00 jumped up to over $6700.00! In 24 hours!!! There was still a possibility of getting the car back. My lawyer told me that they have to give you 10 business days to refile the bankruptcy. So we figured the vehicle would still be there at least until the end of the first week in march. Oh no!!! By that friday, the car was gone to baltimore for auction preparation. Let's see no notice of reposession, no physical contact to inform the owner it was going to be reposessed, and we have not gotten to the real crazy part yet.
On march 16, 2010 they sold the car to $3100.00. Let's add this up now 3100+3618=6718.00. Simple math right? Wrong!!! They sent me a notice saying I owe them $3672.00 more!! I called there so called bankruptcy department and they said I owe them for the balance due. I asked what balanced due? I only owed $5500 on the car. With the money that I have already paid and the money they want, it's over $10, 000!!! I told the guy, "let's go to court, and i'll let a judge decide if anything is owed or not." I also told them that I am sure the judge will want to hear about the actions of your so called company. Let me know the court date please, and if I need a lawyer, I will have one!!!
I do not know what has gotten into this company, they used to be pretty damned good about customer service and willing to work with people. Over the past 3 years, they have gotten to be a company that is now on everyone's sh — list. I plan on buying gm again, but will not deal with gmac ever again!!!

Responses

  • Ke
    Kevin A P Apr 02, 2010

    They probably added a repossession, key-making, storage, transportation, and auction fees to the total balance, which was why you still owed money. Although, the amount still seems rather high even after all of these fees.

    Also, they usually raise the amount needed to be paid to redeem the vehicle when they feel that it may be repossessed again or you may file bankruptcy again. Sometimes it can go up to the full amount owed.

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