Having probs settling an account CA wont cooperate

[BTO429]

I posted this before but I cant seem to find it so I will do it again.

I had a repo on a truck in 2004 about a month before I left for Iraq. There have been no collection attempts made except for reporting to the CRA's.

I am working with a mortgage company to get a VA loan. They have told me that I need to either settle this account or try to get it off my cr to get a loan. I followed the banks advice and contacted the bank that has the repo and asked if they set me any paper work on the sale of the truck and any deficiencies I owe them.

I was told by the lender that they sent me all that paperwork in January of 2005. I was in Iraq at the time. I asked the lender and they told me the sent it to an address that I did not live at and haven't for several years, the house as been vacant for four years now.

I asked them if the would settle and for how much and they said no. I asked for them to send me the paperwork again and they said they dont have to. How can I make them send me this paperwork and how do I know they are not just retyping it with those old dates on it to make things look legal.

I don't know if they are going to sue or not. I think 6 years is SOL in Indiana for autos.

any how I really could use some help with this, as they refuse to send any docs to prove the debt. I would arrange to pay it if they would cooperate but if they wanna play hardball I'll try to beat them if I can, legally of course.

[Methuss]

Well if you can afford to pay a deficiency balance you can afford to hire a lawyer to deal with this for you. Sending the paperwork to the wrong address is a weak. I'm betting they didn't send it at all and are now trying to cover themselves with a lame excuse that no one can prove.

There is also the issue of the repo happening while you were on active duty. If I recall they did this and filed paperwork swearing you were not in the military. That was perjury. I believe the UCC disqualifies any deficiency balance claimed if they failed to follow the law doing the self-help repo.

Frankly I think if you pay a lawyer a few hundred to write some letters it will all get resolved in very short order. As soon as they see letterhead from an attorney they will know you are no pushover and that they are on notice to behave. A lawyer will also ensure that whatever agreement comes about is enforced so it won't come back to haunt you later. No special consumer rights lawyer is needed for this, any general practice lawyer should be able to handle it.

[BTO429]

that was another ca that filed the non military affidavit. That one is suing me over ten year old doctor bills on my son that mom didn't pay. This case will be settled on the 26th when I go to court.This particular lender, CNAC, has never sent the account to another collector, the never sent me anything saying they sold the car the never sent me anything they just put it on my CR.

Can you point me in the right direction where to look in the UCC

[BTO429]

Here are my states codes for deficiency.

IC 26-1-9.1-626

Action in which deficiency or surplus is in issue

Sec. 626. In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply:

(1) A secured party need not prove compliance with the provisions of IC 26-1-9.1-601 through IC 26-1-9.1-628 relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue.

(2) If the secured party's compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with IC 26-1-9.1-601 through IC 26-1-9.1-628.

(3) Except as otherwise provided in IC 26-1-9.1-628, if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of IC 26-1-9.1-601 through IC 26-1-9.1-628 relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney's fees exceeds the greater of:

(A) the proceeds of the collection, enforcement, disposition, or acceptance; or

( the amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with the provisions of IC 26-1-9.1-601 through IC 26-1-9.1-628 relating to collection, enforcement, disposition, or acceptance.

(4) For purposes of subdivision (3)(, the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney's fees unless the secured party proves that the amount is less than that sum.

(5) If a deficiency or surplus is calculated under IC 26-1-9.1-615(f), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.

Any one care to explain this in plain English?