It's been quite some time since I posted on this board, altho I'm often lurking in the background. Just got off the phone with our attorney who delivered more distressing info concerning an alleged creditor. I could really use some input. Ok, I'll try to keep this short. DH and I are being sued over a car we voluntarily surrendered back in 1998. Last payment made was approximately 10/1998. Yes, I know the first defense is the SOL, but heres some of other the issues. 1.)The OC abandoned the car to a mechanic who had a lien on it. According to the documents I have from the mechanic, quote " Since the company holding the lien did not respond within the time specified, constitued a waiver by lien holders of all right, title, and interest in the vehicle and its contents and constitutes their consent to the sale... of the vehicle..." Question... Did the OC have the right to sell the debt after abandoning the car to the mecanic? We were never contacted by the OC about any outstanding balance on the debt, yet this debt has been resold twice since 3/2000. First buyer only held the debt for about a month before reselling it, yet there they are on DH's CR's. Never heard from them or the a**holes they sold it to. 2.) Current holder of the debt has never to our knowledge, validated the debt with us, although they did hire a law firm in 2001 to collect the debt. Didn't hear from them until Nov. of 2002, at which time we recieved a packet of documents pertaining to the original contract and sales reciepts of each company who purchased the debt. The thing here is that there was no cover letter with these documents. So I wrote and asked what was up. Didn't hear another word until around March of 2003 when we started getting phone calls demanding we pay them the amount of the outstanding balance on the contract + almost $2000 in interest. We told them we never made a contract with them and did not recognize them as a valid creditor. 3.) We've been turned down for 2 separate loans because this is on DH's credit reports, altho we were never given the opportunity to dispute the debt. I believe they are violating several sections of the FDCPA and the FCRA. Can someone here verify that I have violations to persue. I believe they are violating FDCPA 807 (11), 808 (1), and 809 (a & b), and FCRA 605(c)(they are listing the dola as 4/2000), 623 (since we are fighting the suit, it is in dispute, yet it is not listed as in dispute on the CR's). Opinions would be greatly appreciated.
Most, if not all states, have repo laws that include specific notifications that must be sent to you. Also, most have clauses that indicate the collateral (car) "must be sold in a reasonably commercial manner". Has your attorney checked into this? You probably have some FDCPA and FCRA violations as well, but I would be checking out the repo laws for your state. If not followed to the letter, many states require any balance due on the loan be negated.
Re: Re: Help! again... Thanks for your encouraging reply. You said: First, my attorney is dragging his a** and I'm currently seeking a new one who specializes in consumer law. Second, Does this mean that the OC could be held liable for defamation of DH's charactor for their negative TL and all subsequent negative TL's associated with this debt? This nonsense has cost us a new home construction loan, + an auto loan, + two small personal loans since June of last year. Total in denials was around $200,000.
Re: Re: Re: Help! again... That would be for an attorney/jury to decide What state are you in? Most have consumer friendly sites that explain repo laws, etc. Since your attorney is dragging, I would gather the information yourself, and then find an attorney and TELL him what your complaint is, what statutes you think they broke, etc. Many aren't going to spend the research time, but if you tell them where to look, your chances might be better.
Re: Re: Re: Help! again... Thanks jlynn...I appreciate your input. I live in Arkansas. I am not very good at internet searches. What would I put in the search engine to check my states laws concerning repo's?
Re: Re: Re: Help! again... This info was taken from the following site, link follows "Arkansas TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by first Lienholder. LICENSE REGISTRATION: Arkansas Office of Motor Vehicles, Post Office Box 1272-MV, Little Rock, Arkansas 72203. Tel: (501)682-4692. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Certified copy of contract, title, repossession affidavit and application for title by the secured party. PLATES: Remain with the debtor. " http://www.repobounty.com/stateinfo.htm Thanks to Why Chat's site. The following link is found at her site too http://www.independentdealer.com/finance/finance9.asp 3 day
