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Another question, on our rights.....


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My husband's brother was unable to purchase a car a few years ago even with a cosigner, so my husband put a car under his name. Well, about 3 months ago, we recieved a call from another family member that the car had been repossessed! We called the finance company (americredit)they said the car was 3 months late and had repeatedly called his brother with warnings. Shouldn't they have contacted my husband since the car was in his name? We paid the balance and now have a paid repo on the credit report. Please let me know if there is someway to get this off the report!

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We had given our address and phone number as owners, and they had his brother's address for payments. They never attempted to contact us, when we called them, they said because the car had been in impound for 10 days it was too late to put off a repo. I felt that though he was the one making payments, we should have been notified when he first became delinquent.

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:eek: Oh p.o. isn't the term, LOL...i am pretty sure hubby invented some new cuss words when he was on the phone. A very hard lesson learned. Yes, americredit claimed that it should have been up to us to contact them! Eventhough we explained that hubby's brother never told us what was happening, we live across the states from him and it was hard to deal with him and americredit....I am just wondering if there is a way to fight this in court eventhough the car is now paid for. I'd at least like to have it shown as a paid in full account.
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There are a few things you must do before trying to solve this problem. First, get a copy of the contract and read it thoroughly. Does it have any statements about failure of payment? If so, does it say anything about how you will be informed about late payments? Here's the tricky part. On every contract, there are several spaces where you have to sign for an understanding of terms and conditions. Did you sign each of these blanks, or did you only sign once at the bottom of the contract? If you only signed once as a co-signer, then the terms and conditions in the contract only affect you as a guarantor of payment, if the terms and conditions are not met buy the other party. That puts you on filmsy ground, but there's still a small ray of hope. You need to write the company and state the facts of this case clearly and concisely. I would give them at least ten days to reply. If you cannot reach a consensus of agreement, then you should tell the company you will lodge a complaint with the Better Business Bureau, then do so. Just remember to state just the facts clearly with all relevant data, including dates and time.

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Thanks Mr.patience....my husband signed the papers without me present (he knew I'd say no!)he is not a cosigner, he is the only signer. I am not sure how many times his signature is on the contract. Americredit told us that they had sent warnings, but to his brother, I argued the fact that they deliberately contacted the wrong person, and of course they denied it, even though they basically expected us to have esp and call them about the pending repo! LOL, it's enough to make me pull my hair out! :upsidown:

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