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Repossession verification


libertyjeep
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I tried to find a thread somewhat close to my situation, but to no avail, so if someone could help I would appreciate it. I had a repo a few years back with Suntrust Bank. So far the only correspondence I have received was from a Sun Bank, I believe this is also Suntrust Bank. My question is, I never received any info regarding the sale of this vehicle or a balance owed, I did move since the repo and that may be why, also the acct is reporting to exp as DOL 10/2000 on Tu its listed as closed on 8/2000 and EQ as 6/2000. I live in Florida nad am not sure if the SOL is up and received a payment demand letter today or they said they will be forced to return this to their client for further action. This new face is now Associated Credit Services. I guess what I am trying to find out is how to go about disputing this for the obvious date differences. I cannot remember the exact date when I made my last payment to them. Should I DV?

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You want to look over Article 9 of the UCC (Uniform Commercial Code):

§ 9-611. NOTIFICATION BEFORE DISPOSITION OF COLLATERAL... and on...

Your state UCC will also dictate whether they need to roll back the unrealized interest that was calculated into the loan.

Also, a repossession must be done without a breach of the peace, so if the repo person did anything illegal (ie: break into your garage to take the vehicle, threaten you with arrest, flash a fake police-style badge) then it could very well nullify the entire repossession, and hold the creditor responsible for the actions of their contracted agents (the repo personnel).

http://straylight.law.cornell.edu/ucc/9/article9.htm#s9-611

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