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About zooyork

  • Rank
    CIC Member
  • Birthday 01/05/1979


  • Biography
    I am alive - so it goes.
  • Interests
    Politics, books and harrassing my dogs.
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  1. Here is a link that I found helpful from Illinois Legal Aid which gives pretty detailed information on what is and is not allowed for repossessions. Here is a link at creditboards which contains a lot of good repossession information. You should also look up the Uniform Commercial Code (UCC) in your state, if applicable. A key element is ensuring you've received all proper notices required by your state before and after the repossession occurred and within the allotted time. I am still learning about repossessions myself so I hope this information helps!
  2. I am not sure where to post this question so I apologize if I am wrong to do so here. I am fighting with an OC (GMAC) about a charged off account for a repossession. I currently live in Kansas but the lease was signed in Texas. GMAC recently sent a letter demanding payment and on the back of the letter it states to send all communications of dispute to an address in Minnesota. I sent a 623 letter to the address but did not receive a response. Which attorney general would I file a consumer complaint with? Texas or Minnesota? Which UCC would be applicable to cite regarding repossessions? Kansas or Texas? Thanks
  3. Here is the link on YouTube: http://www.youtube.com/watch?v=1BkvadWJM8c
  4. Ok - GMAC just called and basically said that they did NOT have to give me account details and they were going to pursue this account to the full extent of their abilities.
  5. mycorrado - When I returned the car to the dealership I filled out a 'vehicle return' form which I still have and told the peeps at GMAC about. GMAC either doesn't have a clue or they know they've messed up the paperwork but they continue to report. In fact my TU file, per MyFico, went from closed account in good standing to a serious delinquency - explain that one. I appreciate your advice and it never occurred to me to go about it that way - thank you!
  6. Any advice on how I should proceed or what specifically I should include in my letter to the attorney general? Thanks! ETA: I haven't compared but if the Texas and Kansas UCC differ which would I follow?
  7. In March I sent GMAC a 623 letter asking for an investigation and requested the following information: - Copy of contract and/or lease agreement bearing my signature; - Copy of account payment history in full; - Copy of vehicle return documentation including but not limited to date of vehicle surrender and entity accepting surrender; - Copy of notice detailing rights of redemption; - Copy of notice detailing calculation of deficiency and assigned obligation; - Copy of notice of intent to auction vehicle including but not limited to date of auction, method of auction and assigned remaining deficiency balance obligation; - Copy of address on file during deficiency period; - Identify that the Statute Of Limitations has not expired for alleged debt. Approximately seven days ago the representative handling my case calls my home demanding to know why I need the above information. I explain myself, he argues with me but ends up agreeing to send the information I requested. Before the call ends he states that the purpose of his call was to offer me a settlement of 60% of the debt. I tell him no, end the call. Today, I receive an envelopment in the mail whose return address is close to that of the address I sent the 623 letter to but no company name. Inside the envelope is a copy of the lease contract but nothing else. There is no letter identifying the purpose for sending the contract - nothing. I assume this was in response to my 623 letter but wasn't quite what I expected as far as investigation results. I assume my next step is to send a letter to the attorney generals of Texas and Kansas? If so, how do I specifically approach these letters? What information should I include? Thanks in advance for your advice on how to proceed!!
  8. I did just that - I moved from Texas back to Kansas to get back on my feet and I thank god every day that I did. I am a causality of the telecom/internet boom and went from $65/hr to $2.13/hr as a waitress. I look back at the rent I paid for a one bedroom apartment and it seems absurd to me now. I spent three weeks without electricity because I had to either pay rent or my electricity bill. Good times. I had to pay for my mistakes, still am (2 derogs!), but I have built myself back up slowly. I am back in my industry, purchased my first home as a single person and haven't paid a bill late in five years!!
  9. nascar - that wasn't what I wanted to hear but a big thank you for clarifying that for me.
  10. I have a one more question to add: 4. Is an OC obligated to provide reasonable account details when you ask for them? In two separate cases an OC has denied me access to documentation. One said, I would only be able to get the requested documents if I had a lawyer contact them and the second said I should have retained copies of the original paperwork. I assumed when I started this process I would get account details whether I wanted them or not. I really, really want them now and they tell me no. -- Also, nascar - I think your response to my questions went over my head. Are you saying that I should have sent the 623 letter to the CA since it is reporting and that the OC has no obligation to respond to a 623 letter? This part confuses the hell out of me. In my mind, the OC is reporting data to the CA and then the CA is reporting the data to the CRA's. Since I don't have an obligation to the CA and the CA has minimal obligation to me - why bother? If I sent the OC an investigation request which they ignored - isn't that a violation because they knowingly did not update, delete or block inaccurate information from being reported? I'm sorry if I seemed obsessed with this one point but I just flat out do not understand what I am reading. If I am being dummy - just tell me. It wont hurt my feelings. Thanks
  11. I didn't send the CA the 623 letter, I sent it to the OC. Did I mess up?
  12. If an OC is not reporting a negative TL but a CA acting on their behalf is, does the OC have a legal responsibility to answer a 623 letter? Under ยง 623. (a)(8) in section (, subsection (iii) one of the considerations is: whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute. 1. If the CA is reporting based on information furnished to them by an OC can the OC be held accountable for furnishing inaccurate data? 2. Can the OC in the above scenario legally ignore a 623 letter or is doing so a violation of the FCRA? 3. Can an OC refuse to talk to you if a CA is acting on their behalf? In my situation the CA has not provided substantial proof that I owe a debt, the OC refuses to investigate and refuses to talk to me on the phone. I am being stonewalled. I am in the middle of a BBB complaint and would like to include possible FCRA violations if they exist. Thanks for clarifications!
  13. @ willingtocope I completed the lease and returned the car with no damage. I went over mileage but nothing significant, certainly not 8k worth!! I am more then willing to pay the mileage fee if that is what I owe. GMAC called Friday and gave me the same non information. I asked for their address and think the best course of action would be to send the 623 letter. I am confused by the details so far and I am not sure what to ask for exactly. I think full payment history, copy of lease agreement, an explanation of charges, vehicle return documentation and notice of intent to auction. I am really curious why it took the dealership 6 months to report the return to GMAC (if at all?) and another 6 months before they auctioned off the car. Do you think this would be a good start? Thanks.
  14. @ willingtocope I never received any documentation after I returned the car stating I owed any monies so I assumed all was well and went on with my life. I questioned myself about that fact, thinking I possibly received something and just forgot about it. However, one of the GMAC representatives said that the car was returned 6 months after it was actually turned in and I moved 7 months after I returned the vehicle. If they sent me documentation or a bill I never received it because I had moved and did not forward my mail. I had no reason too!
  15. @ willingtocope I do not think GMAC even has my mother associated with the account anymore. They think there are two zooyorks; one cosigned and the other filed for bankruptcy - neither is true. My mother and I have different first and last names. All of which I've explained to GMAC multiple times. My concern is not with if I am liable or not for the lease but rather what GMAC is saying I am liable for. The financing for the vehicle was $22,000 and I made payments for 36 months at $400 a month. I returned the car early 2003. They are saying I didn't return the car and/or I didn't return it until late 2003 which is untrue. The dealership had the vehicle for almost a year before they sold it at auction per a carfax report for $7,000. Now they say I owe almost $8,000 for the car. *Those numbers are not actual but a close representation. If I missed payments or went over mileage then I could see a balance owed but that is not what they are saying. Maybe I am a genuine moron but this seems really wrong to me.