I sent a validation letter to XX company (repo) they received it 9/27. They never responded so I sent estoppel letter they received on 11/16. I get this letter yesterday: Your notice dated 11/9 was forwarded to my attention for resolution. On behalf of XX please let me respond. I am happy to provide you a copy of the executed simple interest motor vehicle contract & security aggreement dated XXXX and assigned to XX on XXXX. Be aware that only officers of XX are authorized to alter,amend or vary the terms of the enclosed contract, and any such modification must be in writing. We do not choose to respond to your multiple demands made in previous correspondence. We do not waive any of our rights under the contract, or otherwise. signed by Sr. Vice President they did send a copy of the contract but not by certified mail. what do I do?
If I were you I would CHOOSE not to respond to them. They can't spend a few dollars to make sure you got it by sending CRRR. I say screw em. Anyone else? KHM
What good will it do to ignore the letter bc they didn't send it certified? How is that going to help down the road? They have produced the signed contract and unless the person has a dispute as to accuracy of debits and credits to the account it seems that they have validated the debt. Just my way of looking at it. Tuit
More specifics on ths situation would be helpful. Are they trying to collect a deficiency after repossessing and auctioning the vehicle? Did they get a deficiency judgement? When the vehicle was respossessed did they do so honoring all of your rights (Which vary from state to state.) ? Secured property contracts generally have to be handled a little differently when it comes to challenging the information reported or the collection actions they may be trying to take.
Yes they are trying to collect on the deficienct balance. I heard from them alot after they took the car. I owed 13,000 they sold the car for 6,000 leaving me with 7,000 balance. We made a deal 1,000 down and so much a month-they agreed to change the status. They said after my 1,000 payment they would send me a letter stating what we agreed so I sent the 1,000 and waited for the letter - it never came so I never paid any more $(I know, I know this was before I found this board!) After a while I never heard from them again. They never sent it to collections or tried to collect until I sent them validation. Then I received a letter from a collection agency, so I sent validation to the CA. They never responded.
Donna, automobile repossession laws, and whether or not they actually can collect a deficiency balance, are treated differently by different states. I would go to http://www.lawdog.com and see what laws are in effect in your state, to see if there is a loophole somewhere. In many states, in order to collect deficiency balances, they must meet certain requirements when they sell the car, give you certain rights, and in other states there is, in reality, no way to collect a deficiency balance at all. Go look! Many people have been delighted at what they find. Just follow the links to your state, autos, repossessions, and they give a concise summary of your state's laws.
