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Saturday, July 05, 2008

Special Report: ASSET named JobStart's "Employer of the Year"
Special Report: ASSET goes Platinum - Canada’s 50 Best 7th Year in a row
ASSET Major Sponsor of Canada's First Credit Education Week
February 2007 Special Report: Canada's 50 Best 6th Year in a row
February 2006 Special Report: Canada's 50 Best 5th Year in a row
March 2005 ASSET’s Last Post Fund honours Canada’s War Veterans
March 2005
NAB softens debt collection approach
February 2005 Special Report:
ASSET Inc. Awarded ISO 9001:2000
January 2005 Special Report: Canada's 50 Best 4th Year in a row
January 2005 Debt consolidator aims to be an ASSET to the world
May 2004
Work on the supply chain
May 2004 Low interest rates bad news for ‘repo man’
March 2004 Feature Article:
The 7 Laws of Service
January 2004 Special Report: Canada's 50 Best 3rd Year in a row
November 2003
Bankruptcy's the quick fix
December 2002 Special Report: Canada's 50 Best 2nd Year in a row
December 2002 Canada's 50 Best - Success stories against all odds
October 2002
Repossession: Unplugged
December 2001
Special Report: Canada's 50 Best
April 2001
Bidding for bargains
May 2000
Customer Service in Default
April 1999
The Great Redeemer
August 1998
Myths About the Art of Car Retrieval
August 1997
The True North

The Great Redeemer
By William Meany, Professional Repossessor, April 1999

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 repossessor received an assignment to recover a 1997 Jeep Cherokee Limited in October, 1997.  They immediately recovered the vehicle and appraised it at $ 26,500.  The debtor convinced the creditor to cover the costs of seizure and permit them to regain possession of the unit, by simply bringing the account current. 

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: 

  • are there additional products that the client maintains.

  •  are there additional customers (ie. family or business accounts) that could be a factor in assessing the risk, or the benefits of maintaining the customer.

  •  has the customer had other products that have recently fallen into arrears.

  •  length of time as customer of the creditor.

  • cash on hand with the creditor.

  • assessment of credit bureau.

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.