Challenging a REPO

Discussion in 'Credit Talk' started by JerMaurer, Jul 4, 2004.

  1. JerMaurer

    JerMaurer New Member

    What is the best way to challenge a repossession? Can it be done, and how? Thanks.
     
  2. lbrown59

    lbrown59 Well-Known Member

  3. goldhummin

    goldhummin Well-Known Member

    I don't have any answers for you, but I did want to ask is this before or after the repo? Are you challenging the OC from taking back your car, or challenging taking this off your report?

    Also be sure to check the laws in your state for the required procedures for a repo. There's lots of info here about that too.
     
  4. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Challenging a REPO

    Challenging a REPO

    This is why lbrown59
    | 16909 posts since Feb 2001 205.188.197.31 | 07.05.2004 @ 08:21
    Made the following post.

    Perhaps if you shared the details it would help sombody to know what to advise.
     
  5. CRDTNogood

    CRDTNogood Well-Known Member

    Re: Re: Challenging a REPO

    Okay,

    Just about 2 years ago, I purchased a VW Jetta. I got a rediculously high rate because of my bad credit and discharged BK from a few years before that.

    Well, I lost my job, got engaged and had a baby.

    I was late on my car and avoided the nasty collection calls (I know I know).

    Finally, I accepted the calls and told the collector that I was in between jobs and didn't have any available money.

    She told me that they needed the car back, so I arranged to place the car at a street for them to take back possession. She wanted my address, but I had moved because of the job loss, and refused. I watched one night as the REPO man took the car.

    It showed up on my credit report pretty quickly, and I really wanted to know if there was a method of challenging it, I claim it was a voluntary return (c:

    I don't want it on my record. Do I file "no mine" send validation? They never were able to mail me anything.
     
  6. CRDTNogood

    CRDTNogood Well-Known Member

    Re: Re: Challenging a REPO

    Okay,

    Just about 2 years ago, I purchased a VW Jetta. I got a rediculously high rate because of my bad credit and discharged BK from a few years before that.

    Well, I lost my job, got engaged and had a baby.

    I was late on my car and avoided the nasty collection calls (I know I know).

    Finally, I accepted the calls and told the collector that I was in between jobs and didn't have any available money.

    She told me that they needed the car back, so I arranged to place the car at a street for them to take back possession. She wanted my address, but I had moved because of the job loss, and refused. I watched one night as the REPO man took the car.

    It showed up on my credit report pretty quickly, and I really wanted to know if there was a method of challenging it, I claim it was a voluntary return (c:

    I don't want it on my record. Do I file "no mine" send validation? They never were able to mail me anything.
     
  7. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Challenging a REPO

    ******************************************************
    NEW MEMBERS READ THIS.
    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243
    *******************************************************
    >I claim it was a voluntary return CRDTNogood
    ==========================
    A repo is a repo is a repo.
    If you hadn't voluntary surrendered the car and they just came and took it would you call that an involuntary return or would it be a REPO?
     
  8. CRDTNogood

    CRDTNogood Well-Known Member

    Re: Re: Challenging a REPO

    They wouldn't have found it. They continued to call several times stating that they wanted to know where it was. They stated that it was a felony to conceal the vehicle. It wasn't concealed, it was parked in front of my condo, but they didn't know where that was. They finally found me at my new job and called my extension and left a message.

    Since the only address they had for me was my work address, shouldn't they have sent the paperwork, notice of sale, amount auctioned for to me there?

    My home address doesn't show up on the typical skip trace and pi databases that use credit headers.

    I know it was REPO'd, can I still challenge it as "not mine" Especially since they don't have a current address for me???
     
  9. TradeWiz50

    TradeWiz50 Well-Known Member

    The best step is not to have one in the first place. :)
     
  10. CRDTNogood

    CRDTNogood Well-Known Member

    That is obvious. Is there anybody out there with advice on what to do now? With all else aside, what would be the plan of action? Please post advice.

    Thanks.
     
  11. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Challenging a REPO

    ******************************************************
    NEW MEMBERS READ THIS.
    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243
    *******************************************************
    >And the best step to live is to not die. Unfortunately we aren't always offered the preferred choice in everything that comes along in life.
    Thanks anyway for your earth shattering mind boggling revelation.
     
  12. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Challenging a REPO

    Aren't you a day late and a dollar short with this.?
     
  13. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Challenging a REPO

    ******************************************************
    NEW MEMBERS READ THIS.
    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243
    *******************************************************
    >1*What is the best way to challenge a repossession?
    2*I claim it was a voluntary return
    3*Do I file "not mine"
    4*Since the only address they had for me was my work address, shouldn't they have sent the paperwork, notice of sale, amount auctioned for to me there?
    5*Can I still challenge it as "not mine" Especially since they don't have a current address for me???
    JerMaurer
    ====================
    1*As another poster said be sure to check the laws in your state for the required procedures for a repo. There's lots of info here about that too.
    2*Don't state that to the CRA. If you do you just gave them written proof of what they are reporting.
    3*See 5*
    4*YES: did they send it?
    5*Yes.Simply state not mine please remove. Say that and nothing more.
     
  14. CRDTNogood

    CRDTNogood Well-Known Member

    Re: Re: Challenging a REPO

    Thank you very much.

    They NEVER sent me any paperwork to my work address or anywhere else that I received about the repo. I know they had my work address, it was quoted to me, and they said a repo man went there to pick up car, but couldn't find it. I'm not sure if that is true.

    I'll just dispute as not mine. When it comes back verified, I'll send validation to OC Triad Financial Corp.

    How do I proceed about the "never mailing me info" about the repo, and that sale, or am I inviting them to sue me for the difference on the loan and the sale?

    Your thoughts, please.
     
  15. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Challenging a REPO

    Your thoughts, please.
    >>
    bump
     
  16. credit6949

    credit6949 Well-Known Member

    Re: Re: Challenging a REPO

    How much is still owed the OC after sellingthe car?

    If you have other trade lines that need work on your credit report, I would recommend leaving the repo alone for another few months. By doing that you give more time for the records to get stored, lost, destroyed, etc. You can then dispute as not mine to the CRA when another 6 months. By then the OC might be lazy and not respond or come back saying the account was settled.

    Check the SOL for deficiency collections in your state too.
     

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