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The
Great Redeemer There
is some truth in the phrase 99% of the people are good 99% of the time.
There may be some demonstration in this phrase when it comes to installment
credit, and it is the very reason that we all have to pay a premium
for credit in our society. If
everyone paid every payment on time we would all be out of business. We all make mistakes. Everybody in life deserves a second chance
to make good on their commitments. We all see the sad faces of those
that have failed to make their payments, some have simply forgotten,
some simply cannot pay. The
difference between these people is what counts to a creditor. Some
debtors have been in the orient for ten weeks on important business,
and failed to arrange for their credit commitments in their absence.
Others are criminals who never had any intention of paying their
loan in the first place, while the balance of people are suffering from
divorce, loss of employment, or one of life’s other
challenges. Whatever
the reason, we have likely heard most of the stories. A
concerning portion of our business, are the assignments which involve
debtors that want to regain possession of their collateral and redeem
themselves with the creditor. Since we are often the only contact that
has physically been involved with both the customer and the collateral,
our insight can be very valuable to the creditor when they make their
determination on how to proceed with the customer.
We need to consider the value of the contact that we make, and
how to communicate this to the client. It
is often the case that ASSETs, such as cars and trucks are redeemed
to customers who are unable to afford same, and to the detriment of
the creditor. While repeat repossession assignments
are a profitable venture for the recovery agent, we must recognize that
this activity is costing our clients substantial amounts of money. The risk observed associated with permitting
redemptions is the very real threat that the debtor will continue to
fail to honor their obligations under the contract. We all have experienced numerous accounts
over the years where units have been redeemed where the debtor has not
been properly qualified to continue with the agreement. The result has been profitable for our
firms. We receive additional
assignments. It is common for an ASSET to be redeemed to a customer, and for the customer, to make an additional payment or two, and to fall into arrears again. The result is that the debtor, being in a poor financial state, fails to maintain the collateral, resulting in additional damage, not to mention depreciation, which negatively affects the value when it is ultimately liquidated. Others disappear altogether, and are never located again for repossession. This problem has been widespread throughout the industry for many years. We all know that a debtor that redeems by simply paying costs of recovery and bringing the account current, who has not otherwise been qualified, may pose a risk to the creditor. Case Studies Case One: The
debtor attended at the office of the repossessor, kicked up a huge fuss
about a gold watch missing from the glovebox, even though they had never
entered the vehicle. The debtor cursed and caused extensive
disruption for the repossessor.
The claim for the watch was obviously false.
The debtor threatened to sue the creditor and the repossessor
for the watch, in addition to reporting the matter to the local consumer
protection authorities. Instead
of spending time justifying the position, the repossessor gave the debtor
a small sum of money in exchange for a full and final release of all
claims against the creditor and their firm. The
debtor never made any additional payments on the vehicle and it was
assigned to the repossessor for repossession approximately sixty days
later. It has been 15 months that repossessor
has had the unit on skip locate, and the vehicle will likely never be
seen again. Case Two:
In May, 1998 a repossessor recovered a 1995 Chevrolet Cavalier and appraised
it at $ 8500. The creditor permitted the customer to
redeem the vehicle by paying the costs and bringing the account current. In August 1998, the repossessor received
a second time repossession assignment for the same car as the debtor
had only made one additional payment in June. The
repossessor recovered the vehicle again in September of 1998. The vehicle was in much rougher shape
than it had been when it was repossessed the first time, it was appraised at $ 7200. The creditor permitted the unit to be
redeemed a second time despite the pattern created. In December of 1998 the repossessor received an assignment to recover the vehicle for the third time. The debtor had not made any additional payments. After searching for the vehicle for several weeks it was located in January 1999 at a body shop. The debtor had been in an accident with the vehicle while under the influence of alcohol. The insurance company refused to honor the claim. The vehicle had a $ 3300 mechanics lien for storage. The value of the salvage was approximately $ 800, leaving a negative equity position. The repossessor abandoned the collateral at the body shop. Case Three:
In January 1997, a repossessor received an assignment to recover a 1992
Dodge Caravan and appraised the unit at $ 6500.
The creditor permitted the debtor to bring the account current,
pay the costs and redeem the unit.
When the debtor attended at the repossessor=s office to redeem
the vehicle, he made false claims about how the unit had been damaged
during repossession, resulting in the repossessor
having to give substantial discounts in their fees in exchange
for a full and final release against the creditor and their firm. In
March 1997, the repossessor received an additional assignment to recover
the unit for a second time as the debtor had not made any additional
payments. The repossessor recovered the unit six
months later in August 1997. The
debtor had moved to another city and was living with a relative, without
notifying the creditor. The
unit had not been serviced whatsoever, on account of the debtor=s poor
financial state. The tires
were badly worn, the engine light was on, there was no oil showing on
the dipstick, and the brakes were worn to the metal.
The unit was eventually sold for $ 3100. Case Four:
In July 1997 the repossessor received an assignment to recover a 1996
Honda Accord. The repossessor recovered the vehicle
in August 1997, and appraised the unit at $ 17,000. The debtor convinced the creditor to add
the costs of the seizure to the loan balance and brought the account
current. The
repossessor received an additional assignment to recover the vehicle
for a second time in December 1997.
Despite substantial efforts on the part of the repossessor they
were unable to locate the vehicle at the customer address for almost
a year. In November 1998,
the repossessor received a fax from the creditor advising that there
was a mechanics lien on the vehicle for $ 13,000
in repairs and storage. The
debtor had got into an accident with the vehicle which resulted in approximately
$ 8,000 in repairs. The
debtor authorized the body shop to make the repairs, the body shop completed
the repairs, and the debtor, who had failed to make the monthly insurance
payments resulting in the cancellation of the policy, and who was obviously
unable to afford the costs of repairs on his own, abandoned the vehicle
without notifying the creditor of the accident, which resulted in the
accrual of an additional $ 5,000 in storage (11months) owing to the
body shop. The repossessor eventually recovered the vehicle from the body shop by paying out a negotiated reduced amount of $ 11,000. The vehicle, which was now one year older, and was poorly repaired (not to insurance company standards), fetched only $ 12,800, with a net recovery to the creditor of just over $ 1,000 after costs. Considerations
In an effort to reduce this risk in the future we ought to consider following recommendations for our creditor clients: 1. Ensure that there is a business case to support the debtor maintaining a business relationship with the creditor. 2.
In addition to having the debtor bring the account current, and providing
payment for the costs, ask that the customer also provide,
in advance, an additional two
payments (this cannot be imposed in some regions on account of consumer
regulations, but it doesn't hurt to ask as a measure to assist the customer).
This is in an effort to single out those customers who have the
resources to continue with their payments and continue as good customers
of the creditor, from those who have limited resources to maintain the
credit in good standing. 3. Communicate
with the creditor branch and creditor database to investigate the client
relationship to determine the following:
4. Consider
the value of the ASSET vs. the loan balance. If the ASSET is worth substantially less
than the loan balance, there should be consideration to permit the debtor
to redeem in an effort to recover as much as possible. (ie. if the vehicle is worth $ 3,000 and
the balance is $ 11,000, the risk is minimal vs. the benefits of receiving
additional payments.) 5. Avoid letting a customer redeem collateral
a second time. A pattern
has been created after a second time repossession. These are the cases when the vehicle is
most likely to come back damaged, or never come back at all. A customer that allows the vehicle to
be repossessed twice is highly irresponsible, and there is tremendous
risk in permitting this activity to continue. 6. Never allow a customer to talk the creditor into paying for the costs of seizure unless the creditor has genuinely made an error. Customers that talk the creditor into paying the costs of seizure will not appreciate the negative impact of their actions. This will likely be a second time repossession. 7. Never
add the costs of seizure to the loan balance. While this may be an easy solution to
the dispute that will likely arise from negotiating the costs of seizure,
it will not cause the debtor to appreciate the negative impact of their
actions. This will likely
be a second time repossession. 8. Confirm
the customers ability to maintain the cost of insurance on the collateral,
and ensure that there is insurance current and in place at all times.
(Agent should always confirm insurance on every redemption before
redeeming the collateral) In a substantial number of cases,
the customer will present insurance documents that are not valid due to
insurance cancellation. (
The certificate will appear to be current but the policy has been canceled).
Raise the issue of insurance with the customer and stress the importance
of maintaining same. 9. Obtain
an updated application from the debtor. If the debtor is having financial problems
to the extent that they are not returning telephone calls, and their collateral
has ended up becoming repossessed, perhaps they have changed their lifestyle;
which may include work information, residence information, reference information,
banking information, marital status etc. 10. Confirm
that the customer is the operator of the vehicle. Often debtors, who are not even licenced
drivers will maintain finance for a third party. This is a substantial risk to the creditor.
These repossessions are the most difficult as the debtor information
rarely leads to the collateral. 11. Confirm
the status of the debtor's drivers licence. We very often see that a debtor has had
their drivers licence suspended.
The collateral is at grave risk as the insurance company will not
honor a claim on a vehicle for a suspended driver. 12. Assess
the customer's general remorse over the repossession. Debtors that make unreasonable excuses,
and blame the creditor for their failure to make payment, are those that
are likely to be most irresponsible with the collateral. While
we recognize that not all debtors ought to be painted with the same brush,
and that there are benefits in maintaining client-creditor relationships,
we must also consider the risk associated with the continuation of credit
with an irresponsible customer.
The collateral weighed heavily in the assessment of the credit
granting process. The general care of the customer's obligations
and the factors associated with the return of the collateral to the customer
should be considered in greater detail for prevention of loss to the creditor. The risk factors associated with maintaining a good customer for the creditor, can sometimes be outweighed when there is not detailed consideration of these factors. William Meany is President of ASSET Recovery Management and Sales, a Canadian national full service repossession and sales company with over a hundred agents who cover Canada from coast to coast. He can be reached at (416) 977-7771 or at william.meany@ASSET.net.
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