I received a phone call from Ford Motor Credit on last Friday in regards to my repo. with them (3k). I politely told the woman that I would only communicate with them via mail, she stated "No, you will just have to communicate with our Atty." In yesterdays mail sure enough I received a letter from this Atty. in regards to the account. Should I send him the validation, because the letter is on his law office letterhead but it is worded just like letters from the CA's. "This is an attempt to collect a debt and any information blah blah blah". Can someone steer me in the right direction. This is my biggest error on my CR's and I was going to tackle it last.
Actually this is probably to your advantage, because although it is an attorney, he has to comply with the FDCPA, and he knows it. Send the validtion letter. How old is this debt? What state are you in? Is this the deficiency balance from a repo?
any attorney who collects more than 2 debts per year is considered a DEBT COLLECTOR and is governed by the same rules as any other 3rd party collector. Don't be intimidated by the fact that he is an attorney, simply follow the protocol set forth by the folks on this board and you should be fine. Thanks
thanks breeze for the response. Debt - Opened 7/2000 Reported - 4/2001 Balance - $4,210 as of 4/2001 And this is listed exactly the same on all 3 CR's I am in the State of Missouri Yes, the balance is from repo. Atty's letter states balance owed $3,552.17 plus int. All input welcomed and appreciated!!!
I'm not familiar with your state... but here's some thoughts on this. In my state when a car is repo'd, they're supposed to evaluate and estimate the value of the car before selling it, sell it, and give you notice of the sale and amount. If they don't do that they're violating the law. Additionally, some states don't allow deficiency judgments. If I were you, I'd try to quickly learn everything about repos in your state and all requirements, then see if Ford did it properly. Also, do send validation notice to the atty. He can't collect but he can sue during that period... I believe. If he does, at least it gives you some defense. Good luck. this will be a learning experience.
1 more thing, I'm getting the letter ready now to send to Atty., should I maybe leave out the sentence "you may wish to consult with a competent legal advisor before your next communication with me". I know that sounds stupid but just wanted to ask. The last thing I need is more work on these already shot nerves I have.
Interesting, my husband had repo from them in 1997, on a leased vehicle. show up on his cr as a defiency balance but i wondered how they could do that on a lease? he has not recieved any communication on this in years.... any advice?
Ford just out and out lies to its "deadbeats". They will pimp you if you do a ch7 and never send a follow up bill, nor will they send you an affirmation agreement. You have to figure out what is going on. Then when you ask them if you can turn the car in prior to the end of the lease without further derogatory information and not owe additional cash, they ding your credit with a big fat repossession. They are not reliably staffed and their staff regularly violates the FCRA. You should have been notified of the sale of the auto. I think you have them on a violation.
I think I would leave that part out Go to http://www.lawdog.com select your state, then select "automobiles and repossessions" then click on the red button in the right hand corner of the page that says "repossession" and it will outline the law in MO. See if you can get them on some stuff. Ford is shabby in their business practices.
