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? related to bk, repo, collections


Auntnana
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Along the lines of my earlier posts:

Repo agency has not only pulled my report on a discharged account, but now they have started calling my house.

Would that be considered collection attempts? I'm thinking the message they left below is a slam dunk that they are trying to collect.

The message on the answering machine from them yesterday morning was:

This is Ms. Lee from ****. I've been hired by **** to get your car. It is imperative that you call me today or call Ms. Thomas with **** and settle this."

I inadvertently answered the phone when she called again today and she wanted to know my employer, what hours do I work, what's my salary, what my house looks like, if I owned a cell phone, etc. I told her it was none of her beezwax and hung up.

If this is not a collection attepmt can someone explain to me how it's not?

Even though it's not the OC calling, is it still a collection attempt since the OC hired them? It sounds to me like the OC is trying to collect by going through the repo to do it and using the disguise of trying to locate the vehicle.

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Go here: www.pennlawyer.com/fdcpa.htm

And take a look at the threats and abuses from repo people.

As you can see from reviewing the details int he above link, the message left on your answer machine violates the FDCPA.

DON'T ERASE IT. Transfer it to tape if you can.

Send those bozos a cease and desist letter and demand for validation. Guess what? Repo guys are debt collectors too! They have to stop all repo actions until they validate. :-)

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So they violated the FCRA by pulling my report on a discharged account AND they violated the FDCPA by calling me trying to collect?

Gee, think I ought to send them an ITS letter for nonPP/FDCPA violation but offer to settle for $1k? I could pay off the loan then!!

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Actually they violated the FDCPA by saying "it is imperative that you call me today." I'm serious. That is a violation. They cannot infer that there is some legal duty for you to call them back. There is no such obligation.

Keep making your payments (3 left right?) and hold them off until it's done. If you can take out a 401k loan or something to pay it off, I would. just to piss them off.

They are trying to repo when there is only 3 payments left because the car is worth more than the balance owed. Effectively they are trying to cheat you out of the car you have been paying on for years, which they will re-sell at auction for a lot more.

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So they violated the FCRA by pulling my report on a discharged account AND they violated the FDCPA by calling me trying to collect?

Gee, think I ought to send them an ITS letter for nonPP/FDCPA violation but offer to settle for $1k? I could pay off the loan then!!

Collectors have PP to pull a CR. IF...IF...IF your state requires them to be licensed and bonded AND they are licensed and bonded.

Clarification: discharged account -- meaning discharged in BK?

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Yep, discharged over 2 years ago, which is why I don't think they have PP,

I read this somewhere on this site:

"After discharge in a Chapter 7 bankruptcy case the legal obligation on the debt is extinguished. According, under the principles listed in the Amason letter (FTC web site) the Permissible Purpose is extinguished. "

I think it applies here especially since the OC NEVER turned this acct over to repo before the discharge. It has never defaulted.

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BUT - they aren't trying to collect the MONEY, they want your car !

Per your post on the other board (and JETX's response), you were late on the last payment, and even though you did pay it, the 'default' on the repayment for a vehicle that has no reaffirmation agreement means they can come take the vehicle. They let you keep paying on it without the reaff and in their eyes, you defaulted. I don't agree that its right, since you DID pay them, but the repo guy isn't violating the FDCPA or the BK laws - he's trying to take back what is rightfully theirs - the car.

Ok, you say there are only 2 payments left ont his car. Is there ANY way you can make the final 2 payments NOW ? If they get the final amount on the loan, paid in full, you can probably stop them entirely. Once you've paid it off, its not theirs any more, is yours. They can NOT, however charge you any repo fees, THAT would be a violation of the BK laws.

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In all seriousness, something to consider: you're in the right, but not in the clear. If he called you, the bank has probably already given permission to release the key code and he was playing with a copy of your car key(s) while leaving you a message. If you can easily get financing for another car or you don't mind walking or riding the bus to work, to school, to the doctor, to shop etc, for the next 6 months to 3 years, then leave the car in plain view. Otherwise, you need to secure the car in safe place where it cannot be seen or accessed until this matter is resolved. Remember, possession is 9/10ths of the law. Once they have the car, they don't need to do anything. It is you who will have to go to court to get it back (assuming it wouldn't already be auctioned off). If your not already talking to a lawyer, you should be, as this is complicated and a misstep could cost you dearly, not to mention the fact that you may be short-changing yourself a nice chunk of change.

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Dang! I got a full copy of my EQ today in the mail from their lawyer (sure, now they want to talk less than a week from the scheduling conference!)

Anyway, looked at the soft inquiries and this OC with my car loan is pulling my report twice a month! Three times in October! :x

This just never ends.....

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BUT - they aren't trying to collect the MONEY, they want your car !

Per your post on the other board (and JETX's response), you were late on the last payment, and even though you did pay it, the 'default' on the repayment for a vehicle that has no reaffirmation agreement means they can come take the vehicle. They let you keep paying on it without the reaff and in their eyes, you defaulted. I don't agree that its right, since you DID pay them, but the repo guy isn't violating the FDCPA or the BK laws - he's trying to take back what is rightfully theirs - the car.

Ok, you say there are only 2 payments left ont his car. Is there ANY way you can make the final 2 payments NOW ? If they get the final amount on the loan, paid in full, you can probably stop them entirely. Once you've paid it off, its not theirs any more, is yours. They can NOT, however charge you any repo fees, THAT would be a violation of the BK laws.

Not quite true. They don't own the car. She does. They have a lien against it. If they owned the car, the title and registration would be in the name of the creditor. So the car is not the creditor's property. The car is a security interest that they can ask a court for. See the link above @pennlawyer about repo's. He explains it.

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