elyse449

Dh's 4 yr old repo...

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Hi folks,

Well-it seems like JUST when ya think you're getting things under control, some other crap pops up.

My dh had a car repo as of July 2003. Final payment received/sent was April of 2003.

On Sept. 15th 2007, we received a phone call from yet ANOTHER company attempting to collect. I reminded him of the 4 yr UCC, told him I'd expect a dunning letter within 5 days of the phone call, never got it...until now (Oct. 20th 2007). Here's the letter...your thoughts/opinions will be much appreciated. Anything in parenthesis are my comments.

Brachfeld&Associates

A collection law firm

October. 9, 2007 (post office stamp on evelope says Oct. 15 2007)

Dh's info, including address.

Originator: Triad Financial Corporation

Originator Account Number: xxxxxxxxxxxx

Ref # xxxxxxxxxx

Principal Due: 8326.04

Interest Due: 0.00

Other Due: 857.55

Total Due: 9183.59

Dear Sir/madam,

Our law firm has been retained to collect from you the total amount due listed above.

If you want to resolve this matter, you must either pay the total amount due *unless it has already been paid* or call our Law Firm at 000.000.0000 and work out arrangements for payment. If you do neither of these things, our client may be entitled to file a lawsuit against you or take further action for the collection of this debt. No decision has been made to file a lawsuit. If legal action is taken and a lawsuit is filed, it may be handled by our client or an attorney in your state.

Federal law gives you 30 days after receiving this letter to dispute the validity of this debt or any part of it. If you don't dispute within that period, we will assume that it is valid. etc, etc....

At this time, no attorney with this firm has personally reviewed the particular circumstances of and no decision has been made to file legal action. If a decision is made to file legal action, this account will be forwarded to a licensed attorney in your state to review for litigation. This is an attempt to collect a debt, etc, etc

Anyway...thoughts??? They refused to provide us a condition of sale shortly after this occurred, to. My dh owed 14,000 on the vehicle by the way.

Elyse

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DV. You could possibly cite Guerrero v. RJM Acquisitions and Spears v. Brennan, to ask for a full accounting of it. If this is a CA or JDB using attorney letterhead they may go look for easier pickings.

The RJM cite language of interest, is contained in the original district court decision that survived appellate review

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Did he receive the proper notifications before and after the sale of the vehicle?

if so, do you know what the date of the sale was? I believe the SOL on deficit balances is 4 years from the date of the sale, but if it was repo'd in July of 03, it's probably a safe bet that it was sold shortly there after, making the SOL expired.

They probably don't want to give you too much info because they know you can do the SOL math.

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They are SOL/SOL (sh$t of of luck/statute of limitation). I had a repo from Triad also in April of 2003. I got a letter about 6 months ago and I wrote up a letter and had my attorney send it on his letter head (the attorney was impressed by the letter too). I told them that they failed to send a notice of intent to sale, a post auction notice describing the deficiency and how they calculated it. I pulled guns out on them then reminded them that their failure to comply with my states laws puts them in violation and that they could be liable to me for 10% of the "claimed deficiency" and if they attempted to collect on this debt again, I would be suing them for this. Never heard from them again and this weekend I got a check in the mail for $89 bucks. :lol: If you do a search on my name and "repo" you will find a few post that show all of the state statutes I claimed. They are usually the same for all states, or close to the same.

:goodluck:

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Unfortunately, as I recall they DID send us notice of sale. What ticked me off though, was the sale was in EASTERN Washington so we had no way of having our things in the vehicle returned to us and again, they refused to give us a condition of sale. We wanted to know if the vehicle had been damaged after the repo since it sold for such a low amount.

I will go look up the posts mentioned. Thanks again. Would it be do-able to just write up a simple, "You're beyond the 4 yr UCC code SOL..." letter?

Elyse

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I will go look up the posts mentioned. Thanks again. Would it be do-able to just write up a simple, "You're beyond the 4 yr UCC code SOL..." letter?

Elyse

If you challenge the pre/post sale notification, the burden shift to them and they must PROVE they sent it. If it wasn't certified or trackable in some way or they don't have it, they don't have the proof. As far as the "you're beyond the 4 years, I would look up the statute and quote it.

:goodluck:

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