Umm here is some basic information. I'm curious to know if anyone is experienced or knows someone who can help me.
I bought my car back in 2006. Only owner right off the lot it was mine. I did the loan with Chase Auto Finance. Well I sold my car about 6 weeks ago but the guy who bought the car can't register it because there is some how a 2nd lean on the car that is registered with the DMV. The DMV says Ameri Credit Services is a registered lean holder on the VIN. Ameri Credit has already said they don't have an account with me and have no interest in the car. Back on may 14th I made a call and got Chase to speak with Ameri Credit to release the lean. On May 19th Ebei from Ameri Credit sent Chase a no interest form but Chase neither forwarded it to me or the DMV or the buyer of the car. I have been on the phone for 3 hours today with the buyer, Chase, and Ameri Credit and neither bank is willing to ship the papers to us over night with out us paying for it. I've already created a UPS account to have the paper work sent over night so the guy can register the car. But it's been 6 weeks, the DMV might charge him extra, he has wanted to return the car already, neither financial institution will take responcibility and literally tell each other that they did their part and that it's the others fault. I then tell them it doesn't matter who is pointing the finger at who and that one of them needs to get me the paper work by tomorrow! They REFUSE to pay for it with out a manager but Ameri Credit doesn't have a manager today and Chase just says NO.
Is there anyway I can sue them for damages, stress, time lost from work, fees paid for errors made on their part? I have never ever really concidered taking someone to court but this is ridiculous and it has been going on for almost 2 months!
I have tried to be as paitent as possible with this but it's 6 weeks out and I have over 10+ hours invested in this and time lost off of work to deal with it. I'm paying out of pocket for errors caused by someone else. I've been so fustrated on the phone that the lady from Ameri Credit had to hang up on me.

Someone please help!
Gabriel

 

sure but it wont get you anywhere...you going to take on a corporation like Chase? Yes you could and yes in the end you might get them to pay for the overnight BUT is it worth the $50 out of your pocket to make it all end by simply getting it done yourself?

I know you personally and I know you are frustrated...do what it takes to make A- buyer happy and B- stop the nonsense. Wasting good monies after bad will not solve your particular situation.

IMHO just my $0.02

-Noah

 

You will have a very hard time proving that they are in the wrong to the point of owing you the money above.

Plus, you will undoubtedly spend MORE in lawyer fees than you would if you just pay to have them ship it.

 

this is way more to the point and I agree 100%, I should of kept my response short and sweet like this

-Noah

 

Cliff notes - just pay with it - get it done and forget about it; in the grand scheme of things it is simply not worth the time/stress to fight it.

They have an army of lawyers and will delay, delay and delay - costing you money (which, obviously is tight if you are fighting it to begin with) whereas they have BILLIONS at their disposal.

 

I am working for an attorney while applying for law schools currently, and I can tell you right now it's not worth the time, effort, or large sums of money it's going to cost you to take legal action over something as (relatively) small as this.

It sucks that you and the the guy that bought your car are getting jacked around, but you can almost be sure that bringing an attorney into the matter is going to make the ordeal take much longer and you'll probably lose money, even if you do win in the end.

 

Other than what was already suggested, maybe get help from one of our local TV news 'consumer advocate' hard-noses...
abc7's 7 On Your Side
cbs5's ConsumerWatch

Seems like your predicament is super urgent, so I don't know if they'd really have the time to act so quickly on your behalf. But it still may be worth a shot since it could be a problem that many others have felt helpless about. Good luck.

 

try having chase totally **** up ur check from them, and have to book 2 extra flights down south to get my car, not to mention hope the buyer didn't rob me since I put in I will pay the final balance within a certain amount of time, and I didn't. He could have tried to jank my deposit. Chase totally screwed up like 4 different times, agreed to wire transfer after I raged on them, but they totally screwed the pooch on that too. Don't give them your business if it really bugs you.

 

man...yeah there's really nothing you can do. Getting it out there with the local news might help a little bit...but what generally happens is people watch the news, go OMG, and forget about it...best of luck though.

BTW it's spelled lien.

 

i know exactly what you need to do -- take them to small claims court
you can sue up to 2500 in small claims court and represent yourself
i dont know how much your "stress and lost work" is worth, but if you're suing them for like 1000 bucks, theres a chance they might not even show up, in which case you just deal with the judge.

i used small claims court for breach of a verbal contract and it worked out great
if you demonstrate you're seriousness about serving them, that might even be enough on its own to get them to get the ball rolling

definitely dont hire and lawyer and go to real court though

 

Good luck if you go to SCC...you will have to be a top notch negotiator or Law student - because whereas you won't have your own lawyer - they will have a representative that is paid $500/hr to win cases.

 

Thanks for everyones advice. I've been up since 7am dealing with it for 3 hours just to have to run to work and thats why i haven't posted since I started it. Sorry for the type-o's and bad grammar.
I already made a UPS account and gave them the number so they can over night it. As of right now I just need to get this solved for the buyer. I know he is chill and understanding; I've had him on the phone and he knows whats going on. But I'm just beyond the point of waiting.
Small claims court isn't a bad idea but if it gets solved before that I can just forget about it.
My whole idea of taking them to court was for the 6 weeks that no one owned the car. If I paid chase for the car and I can't get it registered to me then chase didn't really sell me anything? Also because the DMV charges a fee for late registration Ameri Credit or Chase should pay for those fee as it was those two places that have delayed the whole thing. I had both parties on the phone and they blamed each other while they were on the phone. Chase asked Ameri credit to over night the paper just to have Ameri Credit ask them to pay for it; then Chase just straight up told us they wouldn't do it. There is a huge amount of neglect and no owner ship of the problem. It wasn't my fault, I couldn't have done anything to cause this.
Going to court is expensive and not likely but F*** would I love to just run them down.
And Noah, they just made a movie about a guy taking down a bank... so yea maybe I will haha

 

You can sue up to $7500 in small claims court

 

If this gets solved I might talk to a lawyer any how. It is incredibly inresponcible for not only one bank to fail on a lien but to have two banks do it and not fix the issues. I wouldn't mind taking them to small claims court for $7500 and repersenting myself. I have more than enough information to prove neglect and if they pull the phone calls that I had with chase it would only serve my case even more. They would have to prove that they didn't get the paper work from Ameri Credit and that they sent it to my home. The DMV has the paper work I need that says Americ Credit has a artificial lien on my car even though they shouldn't. And Ameri Credit has information saying they sent Chase the "no interest" paper but not to me or the buyer.

 

*** DISCLAIMER: I am not a lawyer, and as such, nothing below should be construed as legal advice ***

It sounds like you're trying to proceed on a "negligence" cause of action. If that is the case, you have to prove 4 steps: (1) that Chase owed you a duty of care; (2) that Chase breached that duty; (3) that Chase's breach of that duty caused you harm; and (4) that you suffered damages.

With respect to duty, generally (unless some sort of special relationship between you and another party exists), a person (or company in this case) owes you a duty of care of a reasonably prudent person (or company) in the same or similar circumstances. With a bank, this might mean that the bank owes you a duty of care that another reasonably prudent bank would owe its customer in similar circumstances.

With respect to breach, did Chase breach the above duty by doing what it did, i.e. not sending you the paperwork? Would another bank have done the same? Is this customary practice in the lending industry? You bear the burden of proof, i.e. YOU have to prove that what they did breached the duty that they owed you.

You then have to prove that their breach was the cause of your damages. There are generally 2 steps. First, you have to prove that "but for" their breach, you would not have suffered whatever damages you are claiming. Secondly, you have to prove that the damages you suffered were a reasonably foreseeable result of their breach.

Lastly, you have to prove damages. This means that you must show some dollar amount of injuries - it cannot be speculative. For instance, you missed work for 10 hours. How much is that worth? Did you do anything to mitigate those missed hours, i.e. you can't just take the day off work waiting for a phone call from Chase when you could have been waiting for that call while working. Generally, "stress" without some physical symptoms, is not worth anything and is therefore not compensable.

In other words, it's not as "open and shut" as you make it sound. As the person bringing the lawsuit, it is you that has to prove each and every element of your claim. It may not necessarily be worth your time if your provable damages are not that great.
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