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Showing results for tags 'voluntary dismissal'.
Thanks for looking at my inquiry and I hope to be clear to the reader. Little history: Back in 10/2010 we filed for BK due to not getting paid from contract work for nearly 8 months. We finally got paid and voluntarily dismissed the BK and paid the creditors thus playing catch up. Secure creditors we re-affirmed during the BK (like the Old West themed bank loan) and all were not prejudiced. July 2013, I called to bank to get a final payoff on the auto loan. It was $300 (the regular mo/payment was $820). They then said there are two amounts in the system: One for $300 payoff and other for $7,200. To my surprise, I of course disputed the $7K amount. I asked them to investigate it. I knew I sent in extra $ ea month since 2010 to pay it off early (before Jan 2014). End of July for Aug payment, I get a new statement saying I owe $59 and $220 in past late fees all due on Aug 21st. No other amount on the statement, no notes, nothing. So I assumed the $7K was a mistake and was cleared up. So now THE FINAL pay off is the $279 payment. Ok, I don’t like it but sent that off with a note that says “Paid in Full” ~ whew! Now the DRAMA unfolds… I get a call from the Old West themed bank saying that I am 3 months behind in payments and that the auto will be up for Repo BUT because it is still in their BK Department they haven’t moved on the repo yet. I of course demanded an explanation: The person said that since I filed for a BK they automatically reduced the value of the note for the BK (? Okay…) but due to their “bad accounting system” (her words) we still owe this amount per the contract. I completely disagreed since I have nothing from them in the way of a current statement, or when I was in pro se informing me of the value reduction (which they said they do not tell the consumer they do that). PLUS we re-affirmed the debt ~ so there shouldn’t have been any change to the amount anyway). She then said that, “I have been put on notice in July about the amount that is due and that I need to pay it.” Back history note: Never having asked for a deferment and I knowing the loan was nearly paid off I asked for one in December 2012. It was granted and they said my next payment would be Jan 21st; I would have to pay the $25, and to expect a note in the mail such. In January 2013 I finally get a statement with a $25 credit and that‘s it. ?? I knew I didn’t pay the $ so I called them to get clarification. They said they did not allow the deferment after all due to the account being in a BK and that I am now behind on my payment. So really... who was put on notice? I told them again, that I am not in the BK any longer by a voluntarily dismissal as of 2011, as well as, have been receiving normal statements and making normal payments. To date, I have nothing in the way of a statement or amount change AND all my statements show the collateral being reduced by our payments being credited like normal ea mo. Back In April 2012, the car was repoed (we got it back although it was completely damaged and it never had a scratch on it – seriously!) That’s another issue for another time. My questions are: 1. How can they just “say” I have a balance with nothing to show that I do??? 2. Saying the account has been in the BK Dept since 2010 BUT they repoed the car in 2011??? The amounts on the Repo docs show the collateral amount at the correct amount that I have now paid off. 3. Shouldn’t they have the accounting together by now (3 years later)? 4. The last credit report from them is Oct 2010. 5. If they cash the check as “paid in full” – is it paid in full? 6. I have the copy of the last payment check and the statement – in case a repo guy comes again. 7. Where do I go with this? File small claims? A injunction civil something? It appears the Old West themed bank will not budge, prove the debt and is threatening to take my only means to transportation for my job and family. I’m living in panic of being repoed again (last time I was left 60 miles from home at a clients office and no one to get me for 8 hours ~ embarrassing to say the least). In advance ~ thanks for bouncing back any answer.