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:cry:Some time ago sent (11/2/08) I sent off a DV letter to the win law group. This letter was not sent certified. Today I was sent a leter showing proof of the debt what steps do I take now. As the time from my letter and there responce was longer than 30 days do I have an out?

here is my original post

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=290367

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You say you sent this law group a DV letter, was your letter sent in response to a form letter from them? Was it one of those standard "no one in this office has personally reviewed your case," type of letters?

What kind of proof of this debt did they supply you with?

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You say you sent this law group a DV letter, was your letter sent in response to a form letter from them? Was it one of those standard "no one in this office has personally reviewed your case," type of letters?

What kind of proof of this debt did they supply you with?

.They sent me a copy of the original car loan which i gave up via voluntary repossession back in 2005.

How would I check on the SOL in ca.

it took the winn group longer than 45 days days to respond to my dv letter is that fact relevant

thank you both for the replys

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The 45 days is not relevant.

What might be is the UCC code for informing you of the "deficiency" when the car was sold at auction. You'll have to search the site hear for further details...

thank you i will try and do a search on the ucc code.

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Winn Law Group is easy to beat. They try to win by defaults and MSJ's generally. Time to educate yourself, file an answer, and then see what they produce during discovery.

They will try to trick you with admissions to admit this is your debt and "you have no valid affirmative defenses".

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I posted this in the original thread I ment to put it here so im reposting it and still loooking for your thoughts. Thanks

ok after going over the DV papers sent to me by the winn law group i think I am in the clear. Winn sent a copy of the notice of intent to sell property this is dated 02/012/05 I think I made a payment perhaps three months prior to that date. As i understand it this put me well over the 4 years and on month SOL date. Dose that seem correct?

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I called the OC and was told they dont have any info on my old account the JDB sent me the DV but it dose not show date of last payment made it dose show the date the auto was repoed. If I go to court if this enough to use the SOL defence? If not haow can I get the date of last payment made?

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I called the OC and was told they dont have any info on my old account the JDB sent me the DV but it dose not show date of last payment made it dose show the date the auto was repoed. If I go to court if this enough to use the SOL defence? If not haow can I get the date of last payment made?

any thought out there as to this question? thank you.

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Okay, let me make sure I have all this straight...

1. You volutarily turned in a car for repossion in early 2005.

2. Somebody (winn?) sent you a letter of intent to sell dated 2/15/05. If this was the OC, then that may satisfy the code on repo'd cars. Did they tell you how much they sold it for and how much more you owe?

3. Winn bought the debt...the deficiency...so that now makes them a junk debt buyer.

So...if the intent to sell was 2/15/05, and the SOL on such debts in California is 4 years, the SOL was up prior to 2/15/09. If they sue you now, you can use the SOL as an affirmative defense. You can also dispute anything you get from Winn as "hearsay" unless it comes directly from the OC.

You've got some outs here...but you're going to have to do a lot of research on your own to know exactly how and when to use them.

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1)

Okay, let me make sure I have all this straight...

1. You volutarily turned in a car for repossion in early 2005.

2. Somebody (winn?) sent you a letter of intent to sell dated 2/15/05. If this was the OC, then that may satisfy the code on repo'd cars. Did they tell you how much they sold it for and how much more you owe?

3. Winn bought the debt...the deficiency...so that now makes them a junk debt buyer.

So...if the intent to sell was 2/15/05, and the SOL on such debts in California is 4 years, the SOL was up prior to 2/15/09. If they sue you now, you can use the SOL as an affirmative defense. You can also dispute anything you get from Winn as "hearsay" unless it comes directly from the OC.

You've got some outs here...but you're going to have to do a lot of research on your own to know exactly how and when to use them.

ANSWERS

1) correct

2)yes via DV I have found that the OC ( Fairlane )sold the car for 2,600 leaving a balance of $6,882.20

3)the debt was bought by clavery and winn is either representing or bought the debt from them.

the intent to sell was 02/15/05 the car was sold 03/17/05

You have been of great help thank you!!! what exactly should i be looking into to help protect my self should i send a SOL letter. In the DV letter i asked for valadation they sent me verification not valadation do i re send my request ?

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1)

ANSWERS

1) correct

2)yes via DV I have found that the OC ( Fairlane )sold the car for 2,600 leaving a balance of $6,882.20

3)the debt was bought by clavery and winn is either representing or bought the debt from them.

the intent to sell was 02/15/05 the car was sold 03/17/05

You have been of great help thank you!!! what exactly should i be looking into to help protect my self should i send a SOL letter. In the DV letter i asked for valadation they sent me verification not valadation do i re send my request ?

Any Ideal if i should send a second DV letter or send a SOl letter?

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What would be the purpose of a second DV? Did they demonstrate to your satisfaction that the debt is yours and valid? Have they actually sued you yet? What is your goal?

They will either sue or not sue. If they sue, you can use SOL as a defense...so I would be 100% sure on that if I were you, SOL's can be trickier that is initially apparent. Although it does appear that goods sold under the UCC are 4 years in CA

If you are certain it's time barred, send a full C&D, if you're uncertain, get certain. Maybe call some attorneys and try to get a free consultation.

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Although you likely have a 100% defense with the SOL, Look closely at the UCC for repo procedures. In most states they must notify you of the deficiency amount within a certain amount of time after the sale (30, 45, 60 days are typical). Did the OC do that?

You will want to have as many defenses as you possibly can.

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Although you likely have a 100% defense with the SOL, Look closely at the UCC for repo procedures. In most states they must notify you of the deficiency amount within a certain amount of time after the sale (30, 45, 60 days are typical). Did the OC do that?

You will want to have as many defenses as you possibly can.

the oc may have at the time i was going threw this i was also in the process of divorce and I lost track of time and lost track of staying on top of these type of issues.

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