Question...long story...

Discussion in 'Credit Talk' started by KHM, Oct 16, 2001.

  1. KHM

    KHM Well-Known Member

    In 6/95 my hubby bought a lemon of a car. 2 days after having it he went to have it inspected and it wouldn't pass (mind you he bought this from a 'licensed' dealer) He brought the car to the State DMV, by the time he brought it to them, the State already had an investigation into the dealer. Long story short, the State brought the the dealer to court for, 1. Not having a license to sell cars 2. Not having a license to obtain car loans for consumers (its a law in NH that you have to be licensed to get a third party a car loan), and I guess numerous other little things. Remember my hubby DID NOT take him to court, all my hubby did was sign some affidavit for the state telling his story. The court ordered this 'dealer' to repay all the peoples loans that returned their cars because it was a lemon. (I think about 6 people) My hubby was one of them. Well the guy filed BK right after and now this repo is on my hubbys report, BUT it reports differently on ALL 3 CB...heres what each of them say. Mind you I disputed each and every one about 1 year ago, all they did was put a notation next to the acct saying consumer disputes. The CA have NEVER contacted us or sent us any letters. The repo was in 6/95 and will be off his reports next year...
    My bad Equifax has removed ALL notations for this acct.
    TU:NTL Auto CRD #xxxxx
    PURCHASED BY ANOTHER LENDER
    updated 4/2001 balance $5482 install. acct auto
    opened 6/1995
    closed 7/1995 individual acct
    charged off as bad debt
    then they sold the acct to...
    Head Mercan #xxxxx
    updated 10/97 balance $5705 install acct (original creditor Ntl Auto Crd.)
    placede 9/97
    and THEY sold it to....
    Asset Accept. #xxxxx OPEN acct.
    updated 4/2001 balance $9630
    placed: 6/2000
    THIS ONE says 'acct info disputed by consumer'
    Experian has only the ORIGINAL creditor.
    We were denied an apartment because it looks like my hubby has 3 repos totalling about $21,000
    The last dispute I put into TU was in 9/01 and they sent the update about 2 weeks ago and NOTHING was verified but NOTHING was taken off. Basically it was just an updated copy of his CR.
    I dont want to call the creditors, in fear of them calling and harassing us, I KNOW that TU is doing something wrong, 3 creditors CAN"T report the SAME debt ALL showing a balance. What rules are they breaking by still reporting this and not checking into them. I tried calling the court house to get the States rulings but they've archived it (once its 5 years old) NOW WHAT?!?!
    Thanks if you've gotten this far!
    Kellie
     
  2. bbauer

    bbauer Banned

    Well, you definitely got a mess on your hands.
    Here is what I would do.
    Don't worry about the creditors calling and hounding you. That's easy to handle. All you have to do is tell them that if they have anything to say to you they need to send it in writing because you will not discuss the matter on the phone and then just hang up on them. Unless they get abusive on the phone, use bad language or do some other stupid stuff which isn't all that likely.

    But if they do, then listen carefully and write down or record what they say, bad words and all.
    Not all that likely to happen, however. So all they can do is send you letters which you should keep every one of them.

    When you get a letter demanding payment, make them validate it in writing and then you should contact a good attorney who deals in creditor abuse lawsuits. Right now, I'm recommending David Szwak. But there are quite a few others around who are also excellent. Szwak definitely isn't the only one.

    Matter of fact, he usually recommends someone else near you and works with them in the background since he is in Louisiana.

    When I contacted him recently about one I'm going to be fighting over, he recommended me to a firm in Tulsa, Oklahoma and I live in Oklahoma City, so they are not all that far away from me.

    But start looking for a good attorney who works in the consumer protection area because I think you are going to end up needing one. Don't make me any difference who you end up getting.

    I could probably help you out a little bit, but since you have been badly abused and you got the state on your side and all that, I think I would really be of very limited help to you.

    I'd think that with a good attorney right from the git-go, you should have a pretty easy win.

    Here is hoping you can get some huge damage settlements because it sounds to me like you got them coming to you.
     

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