Guest Posted July 27, 2003 Report Share Posted July 27, 2003 OK folks.. we are working on the countersuit for this car repo that we got a summons for.Here is what I have so far1. Violation of FDCPA section 809 The amount of the debt.. they said plus interest.. they cant do that $1000 fine2 FCRA.. the collection agency pulled our credit(both of us) 5 days BEFORE the contract was ever sent to them for collection according to the paperwork they submitted with the summons $2000 fine ((Not sure about this one but I am going to throw it in there anyway))3 Countersuit for $4995 for failing to notify co-buyer of delinquency, repossession or auction of the vehicle.4. Violation of Indiana Code for forcing us to obtain GAP insurance coverage then including it in the price of the car instead of in the finance amount ((Going to try and get the contract voided for this reason))5. Auction of vehicle was not done in a commercially reasonable manner. Car lot auctioned the car on THEIR lot and charged a $100 NON-refundable bidding fee just to bid on the car. Not to mention we dont know if they publicly published the notice of the auction6. No where on our contract is there a "sellers Assignment" clause.7. Car is supposed to be sold for Fair Market Value. The SAME car lot that we bought it from.. and repo'd it.. bought it back for $600.8. Damages from stress, time spent in preparing case and what not. $5000 ((aint sure if I can do this but hey.. I wanna sock it to these guys. Besides I think the FDCPA allows us damages.. we will see))What do you guys think??? Link to comment Share on other sites More sharing options...
Guest Posted July 29, 2003 Report Share Posted July 29, 2003 Ok guys, got a lawyer meeting with us on Monday Aug 4 for DEFINITE violations on FDCPA Section 809. He is going to file in Federal court against the attorney that is suing us.I have a meeting Thur Aug 1 with a lawyer in regards to our summons and countersuit.Husband has affirmitive defense of no notification.We have a TILA violation ((which could net us about 2600 in actual damages)), possible UCC violations((which could render the contract void)) and he wants to involve the Attorney General as well.This could get interesting I will keep you guys updated!! Link to comment Share on other sites More sharing options...
LorneReams Posted July 30, 2003 Report Share Posted July 30, 2003 3 Countersuit for $4995 for failing to notify co-buyer of delinquency, repossession or auction of the vehicle.4. Violation of Indiana Code for forcing us to obtain GAP insurance coverage then including it in the price of the car instead of in the finance amount ((Going to try and get the contract voided for this reason))5. Auction of vehicle was not done in a commercially reasonable manner. Car lot auctioned the car on THEIR lot and charged a $100 NON-refundable bidding fee just to bid on the car. Not to mention we dont know if they publicly published the notice of the auction7. Car is supposed to be sold for Fair Market Value. The SAME car lot that we bought it from.. and repo'd it.. bought it back for $600.What do you guys think???Let me get this straight, they repossessed with out notice and then sold the car back to themselves for 600$? From these points, this car dealer seems like a racket. Link to comment Share on other sites More sharing options...
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