I filed Chapter 7 bankruptcy in May 2000, In June of 2000, Onyx came and repo'd my car from my driveway (I thought I was safe for at least a few more months). I called them and talked to a lady named Elsa and told her I filed bk and they refused to bring the car back to me. I didn't even have a chance to get all my things out of the car. I faxed over my bank paperwork, per her request and she told me since they repo'd the car during a bk, I wouldn't have to pay any fees (storage, repo fees, etc....) At that time I thought everything was handled. My bk was discharged in August 2000. I am just now trying to fix my credit and everthing is messed up. This account is the worst I think. What kind of letter should I send them (I think they are in violation of bk laws) and I think they are re-aging the account!! Here it goes: All 3 of these are the same account ( I only had one car with them), they are showing up with different account #'s though!!! *Onyx acceptance:charged off as bad debt/updated 1-2003/opened 3-1998/closed 9-2001 (should be included in bank as of 5-2000) balance of 5313/most owed 7915 *Onyx acceptance: Charged off as bad debt/updated6-2001/opened 3-1998/closed 7-2000 (should be included in bank as of 5-2000) balance of 5312/most owed 5312 *Onyx acceptance: repossession/updated 7-2000/opened 3-1998/closed 5-2000 (should be included in bank as of 5-2000) balance of 0/most owed 7914 Please help with a letter to Original Creditor!!!
I dno't know much about BKs but I have some questions. Are all 3 accounts are showing on the same CRA report? Did you include the car in the BK?
All three of the accounts are showing up on each report (tu, equifax, experian)--And I did put the car in my chapter 7 bankruptcy (that's why I didn't think they could repo the car until my bk was discharged) maybe I'm wrong!!
As far as I know (which isn't much), if you've been behind in your car payments past 60 days overdue, they are (most likely) in their own individual right to repo your car. You will want to check your loan agreement with the lender as well for specifics with your lender and loan. Obviously they didn't know you were going into BK, but the only thing that bankrupcy will protect you from is: further obligations and collection calls. The lady told you that there will be no further fees or monthly payments due. You will no longer be contacted by that lender again for any past monthly payments not made.
I was behind on my payments, so I knew they were going to take my vehicle (it wasn't running anyways), but I thought I was protected under the bankruptcy stay, so when they found out I had filed bk, shouldn't they have brought my car back or at least let me get my things out of the car????
They should have notified you of a place to get your belongings (usually the 10 day window you have to come up w/ the full loan amount to save the car), but I don't believe just because filed bk keeps them from repo'ing, unless you are current. We voluntarily repo'd ours when we did our bk.
Denise...are there 3 listings on EACH credit report for this account or are all 3 CRA's reporting different info?
