OK run down of what happened: 5/95 hubby bought a car, it was a lemon he brought it to our state DMV and the state deemed it a "lemon". In the progess the DMV decided to investigate the dealer, come to find out the dealer was not licensed to sell cars OR find loans for consumers (which he did for hubby). 6/95 car is "repossesed" state gave hubby some paperwork to fill out making him not responsible. end of 95 State takes delaer to court for fraud something or other and requires the dealer to pay back thousands in loans (including hubbys). Fast forward: 8/01 pull hubbys report original creditor reporting repo as well as 3 other CA's all showing a balance (he never paid it, he won't) 9/01 dispute with all 3 bureaus it comes off all 3 reports (all 4 loans) Fast forward: 2/02, ONE CA reappears (the FIRST CA that bought the loan, not the last) EQU and TU never notify us (ubfortunately I can't find and old EQU with it ON there) Ok the CA reports PLaced: 9/97 LDOA: 9/97 status: unrated balance: $9000 Now I have TONS of reports from all 3 bureaus showing this was repo'd 6/95, wouldn't that mean it's gonna fall of 6/02? Who is responsible for this erroneous reporting? BTW the original creditor is out of business, and the CA tells us to contact them, but we can't. I haven't done any validation yet cause frankly I want to nail these bastards. I called to give them an earful and they put me on hold and never came back to the phone. Should I sent an intent to sue for reporting the wrong date? Should I file against the CRA's for reinsertion?
MY first impulse is to find the paper trail left by the state regarding the practices of the dealer. Including court records, judgement against the dealer, etc. Second, how could the CA buy something that the state decreed was an unlawful loan? Regardless of the state's DMV decision that the car was a lemon! If competent authority (the court) stated that the loan was not your hubby's responsability then who are the CRA and the CA to say that it is? Go dispute in person with all the evidence that you have. Go get them.
Thanks for responding, I contacted the state regarding it and they remembered the case, but the file has been archived. The woman said I could do a search on it if I wanted to pay the fees. I would love to nail this CA, but I dont want to spend an exorbent (is that a word?) amount of fees, to find out I don't have a leg to stand on, or worse this dealer filed BK or something. Right now, I want to go with the paperwork I have. Basically, let's just say, for arguements sake, hubby does owe this (dont ever tell him I uttered those words). If it was "repo'd" 6/95, that would mean regardless of WHO is supposed to pay it, it would fall off 6/02, right? THe way the CA is reporting, it won't fall off til 9/04. And THAT I have proof of. I'm just unclear WHO is responsible, the CA for reaging or the CRA's for allowing them to. Does this make any sense?
I would NOT use the phone again under any circumstances. I WOULD however, send validation requests in order TO nail them. You want a paper trail showing that this CA was claiming the account valid when in fact this is clearly an invalid debt. You have PLENTY of evidence to show you are not responsible for the balance to the dealer (the state's declaration of lemon, and the suit of the dealer and their inevitable BK or going out of business over the matter). However the CA may have legitimately bought the debt from the dealer and believe they are fully entitled to collect...they are, of course, wrong, but you need to force their hand in the matter. Also, does your state have a "no lemon law"? I would get fully up to speed on the rights you have as a consumer in this matter, under your states laws. Have you investigated whether or not there is some class action suit against the dealer (assuming they are not in or out of bankruptcy court), as they probably have done this to many people. More than likely the SOL is passed for you to go after them though anyway, but it would be nice to know. I strongly reccommend you consult a competent attorney over the entire matter. That said, I would start the paper trail with a simple but strong validation request to the CA for proof that you owe the debt. At the same time, dispute the item with the CRA so that you can determine who to sue. (maybe both). As far as the reporting date is concerned you have not reached it, so threatening to sue for that is a bit premature. Good luck, keep us informed. -Peace, Dave
I found this site...maybe it could help you answer some questions about the "lemon law" in your state. http://autopedia.com/html/HotLinks_Lemon.html -Peace, Dave
Thanks Dave you're a peach. This whole thing is still not 100% clear for. This all happened to hubby before we ever met. He has a hard time remembering what he did yesterday, so trying to get him to remember almost 7 years ago is like pulling teeth. The dealer has gone out of business, in fact right after hubby brought this whole thing to the attention of the state. I'm not sure he filed BK or not. Now hubby never brought the dealer to court, but the state did, he *thinks* he remembers signing an affadavit. I guess the dealer somehow got hubby 20 day temp. plates. He then registered the car and then went to have it inspected (a week or so after buying it) and it would not pass inspection. Hubby brought it to the state DMV, along with paperwork saying how much everything would cost to get fixed in order to pass inspection (more than the car was worth) and also brought the sales slip. DMV investigated, dealer SWORE nothing was wrong with the car that hubby MUST have done something (yeah ok 15 days later SUUUUURE) and thats when DMV started to investigate. Anyway I will do as you say and contact an attorney and state reading up on my states lemon laws. Sorry if I seem to go from one thing, but it amazes me how something so big can be forgotten by hubby. He can be sleeping and wake up to tell me he remembered the address of the dealer. So I've gotten this story in bits and pieces. Thanks again Dave!
I have one last question about the repo. Who took possesion of the car, the state?, was it because of no payments? Was it as part of an ongoing investigation? It might not be a repo after all!
Ok I asked more questions to him last night to get a better understanding. He went to have the car registered 2 weeks after having it and when he was there, someone from the Department of Transportation was there (dont know why). They told hubby he was not allowed to drive vehicle and asked where he bought iT. The man gave hubby a card and said he would be in touch cause the dealer was under investigation. Ok hubby called National Auto credit, less than 2 weeks after having bought the vehicle and said come get the car. He NEVER made one payment on it. When the State brought the dealer to court it came out that he "knew" someone at National Auto Credit that financed these cars. The dealer didn't have a license to deal, therefore it was against the law for him to finance (or find finance) for consumers. The state required the dealer to pay back tons of money to consumers, now what confuses me is, hubby doesn't remember getting any money from it. But he DOES recall receiving a letter of apology from NAC, but do you think he still has it? NOPE!!! So I'm thinking it IS a repo and he's gonna have to wait out the 7 years. I DO have the CA in a couple of FCRA violations and last night I faxed over a letter saying that and they have 30 days to show proof of the debt. NAC, as far as I know has gone out of business. Two other CA's have owned this debt, so I am assuming, because they have NEVER attempted to collect, that their is NO contract with his signature on it. The SOL is up on this debt, so I am not worried about a lawsuit. What kills me is on his Equifax report it says "Customer unable to locate consumer" WHAT A CROCK!!!!! I made mention of it in my letter to them. Thanks for listening!
