Jump to content

How to deal with the OC for validation or proof?


Recommended Posts

Everything I pretty much read here deals with the CA for debt validation. Can't really find anything in the search engine that deals with the OC unless its disputing thru the CRA. The OC hasnt updated a report to the CRA for year so I can't really use that.

What would be the best way to deal with the OC in this situation?

I had a motorcycle and the Manufacture financed it?

I filed for chap 13 and the trustee made me surrender the bike back to them, so last December they came and repossessed it. A couple months ago the chap 13 case was dismissed.

A month ago I receive a letter from the manufactures National Recovery Center stating that I owe $5,000. I thought I was done with it when they repossessed it (Apparently not). So I called last month with the first letter and said if you want the money for the loan, give me back the bike. They told me the bike was resold and the 5,000 is the difference thats left over.

Today I get a second letter threating to turn it out to a outside collection agency and/or attorney etc.

How can I dispute the amount of money with them and legally have them show me the original Contracts, payments, etc like whats discussed in DV a CA and most importantly the paper work to show a bill of sale for what they say they resold the bike for?

I don't believe like they claim on the phone they got $3,000 for a bike that had a value about $6,500 at that time.

Sorry for the long post :(

Link to comment
Share on other sites

Sure, let them turn it over to Attorney/debtcollectors, and then you can send the VOD to debt collectors to validate the debt. In court of law, they have to proof their claims upon relief can be granted. No proof. No claim period.

If he does that, then he will potentially have 2 negative TLs for the same debt. If at all possible, it is always better to work with the OCs. There is a ton of information on this board about dealing with an OC. There is also a link at the top of the page for "Disputing w/OC". This forum is actually a part of an entire website dedicated to Credit Repair~~~don't forget to read through it as well. It is a very valuable resource!

From everything I have read, they are correct in being able to charge him for the difference between his loan and whatever they sold the bike for but there seems to some discrepancy between what they are claiming they sold it for and fair maket value in which case I think they have to give you more credit. I would do a search on "repossession". Also probably just "repo" as many people tend to just shorten it. I've read many posts on it, so they will be there. I'm pretty sure there are steps to take like being able to request a copy of the bill of sale, etc. Look for posts from some of the people who've been around here for awhile, they'll lead you in the right direction.

Good luck!

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.