StarBulletin.com

No waiting time required before repossession


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POSTED: Tuesday, November 18, 2008

Question: Are there any laws pertaining to auto repossessing? I'm trying to find out whether there is a standard before a bank can repossess your car, like give you one month's or three months' notice.

Answer: There is no specific state law dealing with motor vehicle repossession, said Stephen Levins, executive director of the state Office of Consumer Protection.

However, Section 490:9-609 of the Hawaii Revised Statutes deals, in general, with a secured creditor's right to take possession after default.

That section “;permits a secured creditor to take possession of the collateral without a judicial process, after default, if it can do so without breach of the peace,”; Levins said. There is no reference to a time period.

There is a Uniform Retail Credit Classification and Account Management Policy, which provides guidance for banks and financial institutions on this matter, said Stafford Kiguchi, spokesman for Bank of Hawaii.

“;For accounting purposes, auto loans must be charged off when they become 120 days past due,”; he said. But the policy allows consideration for loans affected by bankruptcy, fraud and death.

“;It also establishes guidelines for re-aging, extending, deferring or rewriting past due accounts, as well as providing for an alternative method of recognizing partial payments,”; he said.

At Bank of Hawaii, “;Our first preference is to always work with the borrower to find an acceptable resolution,”; Kiguchi said. “;It is not our desire to take a car back, which would subsequently require the bank to maintain it and resell it.”;

He recommended borrowers contact the lender as soon as it becomes difficult to meet a payment, to allow time to work out a possible solution.

 

Auwe

To a bus driver who almost hit me at about 8 a.m. Nov. 6 in the marked crosswalk on Alapai Street, between South King and Beretania streets. The car in the far left lane stopped, as did the car in the next lane. I saw the third lane was clear and was about to finish crossing when the bus just drove past, almost hitting me. I sent two complaints to TheBus, but I haven't heard anything from them.—Angry Pedestrian

Bus operators are trained to follow all traffic and pedestrian crossing laws, said Michelle Kennedy, spokeswoman for Oahu Transit Services. “;All reports of unsafe driving are investigated, and appropriate action is taken based on the findings of the investigation.”;

She said you provided all the pertinent information needed, which “;definitely speeds up the process of the investigation.”;

In most cases, when a complaint is received, a confirmation letter is sent within a couple of days, she said.

She said you made two complaints via Oahu Transit's online comment form, with no mailing address or telephone number. So, a response letter was not generated.

However, both times, you would have received an e-mail response acknowledging the complaint. Kennedy said you did not state in your first report that you wanted a response. You should have since received an e-mail notifying you of the investigation.