In 1993, I bought a car and was unable to make the payments. It actually may have been earlier or later, I am unsure. Anyways, the car was repossessed and there was a deficiency balance showing on my CR for about 4K. In 2001, I disputed it off my credit report as not mine, I couldn't find anything anywhere about the financial company (OC - Primus Financial Services). I knew they were in Tennesee, but even Tennessee 411 couldn't find them. Anyways, today in the mail after 3 years of nothing, I have a dunning letter from NAFS, and it's got the 30 day disclaimer. I'm definately going to send them DV, but I KNOW for a fact that the OC NEVER sent me anything having to do with the sale of the car at auction and how the balance came about. What after the DV? BTW, I don't have ANY of the original documents relating to the sale of the car or the dispute off my report. I live in NY, and bought the car in NY.
http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=7099 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=8365 More background on the repo. I guess it was repoed in 1997. Isn't that out of the SOL for reporting? What's the SOL for collecting? Quote: I think what really did it was I kept disputing it as not mine. They may have gotten sick of me disputing it. This is an unpaid repo from 1997, 4 years ago this month, they may have just purged me from their records and when they did, it may have worked to my advantage. BTW, they never got a judgement on me for the balance. WAIT A MINUTE!!!! I sent the CA a validation letter and they NEVER responded. Maybe that was it.
I'm not 100% sure on this, this is only from the posts that I have read on this... As best I can tell... From the date the car payment was delinquent, until the car was sold, your state's SOL for the written contract (car loan) was the relevant SOL. The day the car was sold, the amount they made during the sale is applied as a payment, but now your state's SOL for the DEFICIENCY applies from the date that the car was sold. The RSOL should still be 7 years from the delinquency which resulted in the CO/REPOSSESSION, so if you went delinquent in 1997, it would depend on which month it went delinquent to determine when it should fall off, or be obsolete before the new CA can post it.
Thanks, jam. The car was repossessed in 1997, that must mean that I went delinquent prior to then. I haven't heard boo from this CA in over 4 years and all of a sudden there they are. Matter of fact it's the same CA that was trying to collect before, but this time they are saying that they were just reassigned the debt. Anyways, I'm sending out the DV today, CMRRR, and hopng that they don't have any paperwork. I mean, they never even sent me anything about the sale of the car at auction, and as far as I know, they HAVE to send me that. Keep your fingers crossed/
