Hey all. Awhile back I posted about our auto loan, how we thought we'd reaffirmed but our attorney never did. We continued to pay on the vehicle but the bank refused to report anything other than that we filed BK on them and included the loan. Our account rep explained to me that technically they were just letting us use the vehicle on a month to month bases as long as we kept the payments up. When I asked if they could report both she said their hands were tied because the vehicle was included in BK. We gave the car back. We were advised by our attorney and trustee that we had no further obligation to the vehicle and that continuing to pay on it, if they wouldn't report that we were paying was not helping our credit or giving us a fresh start that was the whole point, which we knew. Today, I got a letter from the same bank asking for $3800 (payoff from auction difference) within 10 days. "Failure to do so may result in immediate legal action. If legal action becomes necessary to cellect the deficiency, you will be responsible for attorney fees, court costs, and any additional collection expenses. Then there is a disclaimer of course, that says that they may report inrormation about the account to the CRAs, etc. I will call my attorney on Monday but I was wondering if there are any thoughts on this here? I suspect that the letter is simply a futile attempt to get payment with the hopes that we'll be dumb or afraid enough to just pay it. I just want to handle it in the best way, including where our credit is concerned. I don't think they can change the account now, it should just still read that it was included in BK correct?
This happened to me a few years ago. I let a car go back in a BK but the finance company kept sending me letters and calling me. Finally, I gave them the number of my Bankruptcy discharge and the date and I never heard from them again.
