Page 97 - CARS Standard Program

vehicle, you become responsible for any damages or claims of damages to the vehicle being moved. The most common allegations by the owner of the moved vehicle are damages to the vehicle’s transmission, frame, body or tires. Even with approval of the creditor or recovery agency owner, the Recovery Agent should have a witness and take photos or video of the vehicle prior to and after it has been moved.
Debtor Excuses and Suggested Responses Debtor claims he no longer has the collateral:
Response: Who has the collateral? How long have they had it? Why do they have it? Where is it located (residence address, impound yard, collision shop, etc.)? If collateral was impounded was the impound performed by private towing company, city or state police, parking authority, Drug Enforcement Agency (DEA), traffic court?
It is important that the Recovery Agent obtain the phone number where collateral is located and attempt to contact that location by phone in the debtor’s presence.
Note: If the debtor is evasive and does not provide accurate information as to the location of the collateral the Recovery Agent should be aware of the possibility that the debtor may be involved in a “straw purchase.” A straw purchase is defined as one in which the purchaser, under the guise of personal use, knowingly, purposely and intentionally purchases collateral for another person who cannot qualify for the purchase. If the Recovery Agent suspects a straw purchase, he should immediately notify office staff so that the client is made aware.
Debtor claims he has filed bankruptcy
Response: The Recovery Agent should follow the procedure previously outlined under Bankruptcy.
Debtor claims collateral was stolen
Response: On what date was collateral stolen? When and to which law enforcement agency was report made? What is the case number? Location where collateral was stolen? The law enforcement agency that took the report should be contacted in the debtor’s presence and a copy of the report should be obtained and made available to the lien holder.
If the stolen collateral was recovered, it may be being held as trial evidence. In that event, the Recovery Agent should complete a detailed condition report and photographs along with any information as to when the collateral may be released and provide this information to the lien holder.