wishFICOwasdead Posted January 19, 2009 Report Share Posted January 19, 2009 i got a letter from a company i had a car loan with concerning a repo. the car was repossed back in 2007. during the repo while i was getting my stuff out the car the tow truck driver starts to drive with me in the car. there was significant damage to the car. the radiator was busted, all four tires were flat there were several dents to the car and some more things. the company decided that since the police were called they watned the full balance of the car. well i did not have it and had no way of getting it so the car was sold at auction. well in january of 2008 they called and said that they wanted the remaining balance and i said i would settle for half since your "recovery agent" damaged the car. their response was no he didn't and i informed them that i had a police report that says different. which was backed up by witness statements. the lady on the phone said she wanted the full balance and hung up. that was the last time i heard from themsaturday i got a letter from them saying they wanted the remaining balance or they would hire outside counsel. what should my next move be? Link to comment Share on other sites More sharing options...
nascar Posted January 19, 2009 Report Share Posted January 19, 2009 I would stand my ground on this one. Link to comment Share on other sites More sharing options...
BTO429 Posted January 19, 2009 Report Share Posted January 19, 2009 I would not budge an inch. You got a good case. Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted January 19, 2009 Author Report Share Posted January 19, 2009 thanks guys i will now let me ask this question. according to georgia law When a motor vehicle has been repossessed after default in accordance with Part 5 of Article 9 of the Uniform Commercial Code, the secured party may not recover a deficiency against buyer unless, within ten days after repossession, he forwards by registered or certified mail to address of buyer shown on contract or later designated by buyer, a notice of the intention of secured party to pursue a deficiency claim against buyer. The notice must also advise buyer of right of redemption, and right to demand a public sale of repossessed vehicle. In event buyer exercises right to demand a public sale, he must advise holder in writing of election by registered or certified mail, addressed to holder at address from which holder's notice emanated, within ten days after the posting of the original notice. With election by buyer, holder must dispose of vehicle at a public sale as provided by law, in the state and county where original sale took place, or state and county where vehicle was repossessed, or state and county of buyer's residence, at holder's election. This provides cumulative additional rights and remedies to the Uniform Commercial Code Provisions which must be fulfilled before deficiency claim will lie against a buyer.i never recieve a certified letter from them should i site that in my letter as well? Link to comment Share on other sites More sharing options...
nascar Posted January 19, 2009 Report Share Posted January 19, 2009 i never recieve a certified letter from them should i site that in my letter as well?What letter? Link to comment Share on other sites More sharing options...
gator944 Posted January 19, 2009 Report Share Posted January 19, 2009 With the Police Report, witness statement, and the fact that you received no letter within the legally alotted time, it looks to me like you have a slam dunk. Are they reporting to your credit file? With your documentation, it looks to me like they have no claim. Therefore, they would not be able to report it to the CRAs.If she called me and said she wanted the whole, I would tell her to @#%& in one hand want in the other and see which one fills up first.Just my $.02 worth. I'm not a lawyer, I just play one on TV. Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted January 21, 2009 Author Report Share Posted January 21, 2009 here is a copy of the letter i was thinking about sending to the lady. tell me what you think is there any thing i have left out or should add?Dear Ms. LadyIn reference to your letter dated on the date I have not received any official correspondence pertaining to the deficient balance. According to Georgia law:“When a motor vehicle has been repossessed after default in accordance with Part 5 of Article 9 of the Uniform Commercial Code, the secured party may not recover a deficiency against buyer unless, within ten days after repossession, he forwards by registered or certified mail to address of buyer shown on contract or later designated by buyer, a notice of the intention of secured party to pursue a deficiency claim against buyer. The notice must also advise buyer of right of redemption, and right to demand a public sale of repossessed vehicle.”I did not receive any such letter. Also I am sure any deficient balance would need to be minus the damage done by your recovery agent as referenced in the attached police report. I look forward to an amicable resolution to this matterSincerely, Me. Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted January 21, 2009 Author Report Share Posted January 21, 2009 bump Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted January 23, 2009 Author Report Share Posted January 23, 2009 UPDATE!!!!!The lady called me today and i asked "Is the balance after a deduction for damages done by your recovery agent?" her response was i would have to sue them for that money but they want their money regardless of the damage that was done to the car. so i think i am going to send off my letter CMRR and await their next move. any suggestions??? Link to comment Share on other sites More sharing options...
OMGWhatHaveIdone Posted January 23, 2009 Report Share Posted January 23, 2009 As previously mentioned, you have a slam dunk case. You have evidence that they violated GA law regarding the letter that was never sent and the police report proving their recovery agent damaged the vehicle. I would say check your credit reports. If they are showing any negative TL's at all, see if you can find any violations of the FCRA. When they take you to court, file a counter suit based on the FCRA violations.They have no right to collect Any money from you since they never sent you the notice of the intention of secured party to pursue a deficiency claim against buyer, as required by the GA Statute you pointed out in an earlier post. Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted January 24, 2009 Author Report Share Posted January 24, 2009 okay one last question1. should i send them a letter2. if yes to question 1, should i list the statues of georgia law that they violated?and to answer the question they are not on my credit report Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted January 25, 2009 Report Share Posted January 25, 2009 Why don't you talk with an attorney.In most if not all states, a repossession must be done "peaceably'...this repo obviously was not.With the evidence you have, you may well be able to have the entire deficiency balance erased because of the way the creditor and their agent (the repo company) handled this.However, you wont get that by just asking nicely...you will almost certainly have to sue and I wouldn't do so without a good lawyer on my side. Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted January 25, 2009 Author Report Share Posted January 25, 2009 i can't afford a lawyer at this time. i have been out of work since july so i have no choice but to do this on my own. so i have read up on the laws of georgiaso i was thinking about drafting a letter citing the laws that were broken in the reposession. should i do that or should i wait until i get sued and state that in my defense? Link to comment Share on other sites More sharing options...
Sky Warner Posted January 25, 2009 Report Share Posted January 25, 2009 i can't afford a lawyer at this time. i have been out of work since july so i have no choice but to do this on my own. so i have read up on the laws of georgiaso i was thinking about drafting a letter citing the laws that were broken in the reposession. should i do that or should i wait until i get sued and state that in my defense?Wait and see if they try and sue you.I would use their breach of peace as an affirmative defensetheir lack of letterthe lack of explanation of how they calculated the balanceThen counter-sue for the damages to the car.. until the car is in THEIR possession, your insurance would cover it.. so they damaged YOUR car. and got less at auction because of itThere are a lot of angles here to explore Link to comment Share on other sites More sharing options...
Alpha314 Posted January 29, 2009 Report Share Posted January 29, 2009 If you are not working, you probably qualify for legal aid. Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted August 25, 2009 Author Report Share Posted August 25, 2009 Got served tonight and I am being sued for the balance of the car plus interest and attorneys fees. According to the letter I am being sued on behalf of the finance company. The letter has 6 paragraphs that I am supposed to respond to. One says I failed to respond to a letter the attorney sent me that I never recieved. Where do I put the part about the repo man wrecking the vehicle and the car being sold in less than 30 days? All help will be appreciated Link to comment Share on other sites More sharing options...
newryman Posted August 25, 2009 Report Share Posted August 25, 2009 ............. According to the letter I am being sued on behalf of the finance company. ...........Is it a letter or a summons?Who exactly is suing you? Who says they are suing on behalf of the finance company?What correspondence have you had previously and what was the name of the company on the letter head who sent you that correspondence?Who is the "lady on the phone", what company does she work for? Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted August 25, 2009 Author Report Share Posted August 25, 2009 It is a summons The plaintiff is Americredit then below it there is their attorneys name I have had no previous contact with the attorney. They attached a letter they said they sent me certified mail but I never received any thing from themthe lady on the phone is an employee at americredit Link to comment Share on other sites More sharing options...
newryman Posted August 25, 2009 Report Share Posted August 25, 2009 Unless you feel confident in your ability to handle all the procedural issues and various legal problems with this case then I really would suggest that you go find a consumer attorney. Spend all your time annoying them until you find one that will act on a contingency fee for you. The name Americredit will peak some interest make sure you bring it up early in the conversation. You MUST file an answer and denial to avoid summary judgement by default, do not let time slip by.Start your search athttp://members.naca.net/findanattorney/Good luck. Link to comment Share on other sites More sharing options...
1time2many Posted August 25, 2009 Report Share Posted August 25, 2009 OP, also check with your local legal aid if you can not afford to hire private counsel........they love this S*** if you qualify. Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted December 5, 2009 Author Report Share Posted December 5, 2009 got a letter in the mail yesterday saying that my court date is in December. The letter also said that we are in the discovery phase and ell evidence should be shared. i will be printing copies of the pictures and sending them a copy of the police report as well. also the letter says i should contact their attorney and try to settle this before we go to court. what do you guys think? Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted December 7, 2009 Author Report Share Posted December 7, 2009 bump Link to comment Share on other sites More sharing options...
soveu53 Posted December 10, 2009 Report Share Posted December 10, 2009 (edited) Get an attorney and fast they are trying to rip you offFacts:1. They damage the car2. They failed to provide you with the notice of intent/deficiency letter/right to cure letter.3. Check online I believe there is a class action lawsuit in progress against them as well.4. Keep all notes of dates, time, names, correspondence and conversations you had with them Good Luck on whatever you decide but whatever you do do not miss any hearing dates and always check with your local court house to keep up with the dates dont trust them because a missed court date is a default judgment for them and those suckers are hard to get off of your credit report once there. Edited December 10, 2009 by soveu38 Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted December 12, 2009 Author Report Share Posted December 12, 2009 (edited) guys here is my motion to dismiss tell me what you thinkMOTION TO DISMISSDefendant James Jones moves the court pursuant to O.C.G.A. § 9-11-12( dismiss the above-styled action on the grounds:1. Plaintiff failed to provide notice of intent to claim deficiency claim2. Plaintiff failed advise defendant or his right to redemption as well as his right to demand a public sale3. Plaintiff violated breach of peace law when the vehicle was damaged and the police were called out by the neighbors. Edited December 17, 2009 by wishFICOwasdead Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted December 17, 2009 Author Report Share Posted December 17, 2009 bump Link to comment Share on other sites More sharing options...
Recommended Posts