WCAdjATL Posted April 3, 2008 Report Share Posted April 3, 2008 Last paid on auto loan around September 2002. OC did not repo/sell the car until 2005 (LONG story). I get a letter from a "law firm" July 2006 demanding close to $8k for the deficiency. I shoot them off a dispute and a request for copies of the required notices and proof that the sale was commerically reasonable. Collector responds with copy of their notice of intent to sell, says they have requested proof of the sale and will get back to me. This is early July. I dont hear anything else until early August when they send me a settlement offer for approximately $1700. Fast forward to December when I get a 1099c from the OC for $6500+.Why this didn't dawn on me before I dont know...but now I wonder...since they didn't (or couldn't) provide me with the proof that the sale was conducted in a commercially reasonable manner...can they still claim the deficiency?Thanks to everyone for their thoughts... Link to comment Share on other sites More sharing options...
Fizzle1979 Posted April 3, 2008 Report Share Posted April 3, 2008 Last paid on auto loan around September 2002. OC did not repo/sell the car until 2005 (LONG story). I get a letter from a "law firm" July 2006 demanding close to $8k for the deficiency. I shoot them off a dispute and a request for copies of the required notices and proof that the sale was commerically reasonable. Collector responds with copy of their notice of intent to sell, says they have requested proof of the sale and will get back to me. This is early July. I dont hear anything else until early August when they send me a settlement offer for approximately $1700. Fast forward to December when I get a 1099c from the OC for $6500+.Why this didn't dawn on me before I dont know...but now I wonder...since they didn't (or couldn't) provide me with the proof that the sale was conducted in a commercially reasonable manner...can they still claim the deficiency?Thanks to everyone for their thoughts...It's possible that they did have proof and just didnt provide it to you I guess? Link to comment Share on other sites More sharing options...
WCAdjATL Posted April 3, 2008 Author Report Share Posted April 3, 2008 That wouldn't make much sense though, really. Why would they take the chance of losing out on their claim for deficiency if they had the proof just sitting around? Its kind of fishy that the next thing I get is a settlement offer...It's possible that they did have proof and just didnt provide it to you I guess? Link to comment Share on other sites More sharing options...
Fizzle1979 Posted April 3, 2008 Report Share Posted April 3, 2008 That wouldn't make much sense though, really. Why would they take the chance of losing out on their claim for deficiency if they had the proof just sitting around? Its kind of fishy that the next thing I get is a settlement offer...But I would like to think, that they would not be able to file a 1099C on you if they did not have proper documentation...I could be wrong, maybe some one else can help you. Link to comment Share on other sites More sharing options...
WCAdjATL Posted April 3, 2008 Author Report Share Posted April 3, 2008 ...at this point I'm convinced that CAs and OCs and CRAs will do whatever the hell we let them get away with... Link to comment Share on other sites More sharing options...
Fizzle1979 Posted April 3, 2008 Report Share Posted April 3, 2008 You tried reading the UCC? It has the requirements for repo's. Make sure your state adopted that policy or maybe has a different policy regarding repo's. http://en.wikipedia.org/wiki/Uniform_Commercial_Code Link to comment Share on other sites More sharing options...
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