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In 2003 I cosigned an auto loan with Capital One, in 2006 the vehicle was repoed, I suspect all the proper mailings went to the persons address, I never recieved anything from anyone.

I checked my reports and found GMAC to be reporting the repo and CO.

I rummaged through what little paperwork I had that survived the hurricanes and I have a Cap One agreement but it is barely legible so I went to the dealership where the vehicle was bought, they have the ORIGINAL Cap One contract and the folder says Cap One special financing but the lady wouldn't give me a copy because I was NOT the CO BORROW nor was I on the registration.

She said the only way I could get a copy of it was if I brought her a letter from GMAC saying they were suing me.

So far they aren't suing me, they are being very quiet for some reason.

I called Cap One Auto finance to see if they had a copy, they asked for my name and SS# and I am NOT in their system but the buyer was and it shows the loan to be paid off March of this year which would have been correct for the terms BUT it wasn't the buyers SS# on the account so she couldn't give me any further information on the account other then it was paid off this year. But did pull my reports causing a hard inq, don't know why, I never told them to look at my reports.

I contacted GMAC using what little of the acct # that was on my reports and they won't send me anything because yet again I am not the borrower nor am I listed on the registration I am just a co signer.

I disputed the TL 3 times and it was deleted from TU and updated and screwed up by EQ and updated on EX.

I don't know what else to do. I can't get copies of the contract I signed but yet I am liable for the def owed to GMAC when I didn't sign papers with GMAC.

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Perhaps consulting an attorney on this one would be appropriate due to the complexity of the situation.

It would well serve you to determine who, exactly, is the liable party of interest is in this situation.

Good luck.

I was hoping to avoid that

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From my understanding since you are a co-signer this makes you a borrower on this car and since you are legally responsible for this debt (as a co-signer) you should be entitled to any and all paperwork that pertains to the car loan. This is how I see it..but of course this is just my observation/opinion, so if anyone else has anything please jump in! Good luck to you!

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I wonder how the finance company got changed from Cap1 to GMAC. Do you think the owner refinanced the vehicle? With a new co-owner's name/SSN on the account, this could be a new spouse/family member I suppose.

It does not seem right to me that as a co-signer, you should be liable for any future re-financings that are done on this vehicle when the loan you cosigned has already been paid off. I could be wrong, so I hope some other legal types post some thoughts about this.

How about doing a Debt Validation with GMAC to prove that they have the right to collect this debt from you? This would put some of the burden of proof back on them. If they can report this on YOUR credit report, they owe you this much.

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I wonder how the finance company got changed from Cap1 to GMAC. Do you think the owner refinanced the vehicle? With a new co-owner's name/SSN on the account, this could be a new spouse/family member I suppose.

It does not seem right to me that as a co-signer, you should be liable for any future re-financings that are done on this vehicle when the loan you cosigned has already been paid off. I could be wrong, so I hope some other legal types post some thoughts about this.

How about doing a Debt Validation with GMAC to prove that they have the right to collect this debt from you? This would put some of the burden of proof back on them. If they can report this on YOUR credit report, they owe you this much.

I don't know how this happened, I can't get copies of any of the contracts, I know the Cap one will have MY signature, that is why I wanted the GMAC contract to see what the signature looks like, I can tell if it is mine or not.

A debt validation with GMAc will only tell me the balances and possible the payment history IF they have that since the person I signed for filed Chap 7, they may have sent it all to their legal department, I have no dog in that fight either so I didn't even attempt to contact them since the regualr departments couldn't give me any info.

Cap one shows that persons name but a different SS# they could not tell ME what type of vehicle it was not even if it was a truck or a car because the SS didn't match for that person I told them it was.

I have to do something before GMAC does something, how can I fight a company like that in court if I have no documentation to fight with.

How can I get them off my credit if I have no proof that what they are reporting is not mine?

I disputed it as NOT MINE and ended up with fraud alerts on all 3 not once but twice.

OHHHHHHHHH I just don't know what to do, I can't afford an attorney, what can I do myself?

I wonder if I can supeona (sorry for the spelling) the records from the dealership myself? HOW do I do that myself?

Same thing with GMAC?

What if I get the GMAC contract and someone did a pretty good job at forging my name and it really looks like my signature?

Don't they take a photo copy of your DL when you sign? I think they did for the CAp One contract, they could have just taken that copy and put with the GMAC contract.

CRAP!!!!!!!!!! I SWEAR I WILL NEVER EVER GO THROUGH THIS AGAIN!!!!!!!!!!

I know too late to say that now, I have been kicking myself in the rump everyday since I found this on my credit so plaese no lectures, TRUST ME I have learned my lesson. My new house sits and waits for me and says na na na na na na every time I pass by and my kids ask once or twice a week when we are going to move into it.

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I don't know how this happened, I can't get copies of any of the contracts, I know the Cap one will have MY signature, that is why I wanted the GMAC contract to see what the signature looks like, I can tell if it is mine or not.

A debt validation with GMAc will only tell me the balances and possible the payment history IF they have that since the person I signed for filed Chap 7, they may have sent it all to their legal department]

Hey Cookie!

Please don't waste more time kicking yourself because most of us would admit to making our share of mistakes to get ourselves into our situations. This is not your fault anyway. I hate that this happens when you were trying to help someone else out.

You definitely need to see some documents such as a contract. You don't need to be thinking subpoena yet because a debt validation request should give you the same result. Your quote above gives me the idea that you're not understanding the power of a debt validation. It is a lot more than just providing the balance. They are required to provide proof of their right to collect this debt from you. They need to explain to you if they purchased this debt, or if the owner refinanced it, or in what way this was transferred. If they cannot provide validation within 30 days, then they are required to cease collection of it.

IT is very possible that the vehicle was repossessed and then sold at auction to someone completely new. And in this case GMAC would never give you the contract for a new owner that you have no connection to, but you may be partially liable for the shortfall from the sale if it doesn't cover the original loan balance. You cannot possibly begin to understand your rights or how to proceed until you know what happened.

Please click on the link above that says "Debt Validation" and read the description of the process there. Here is an excerpt from it:

What does a debt collector need to provide as debt validation?

  • Proof that the collection company owns the debt/or has been assigned the debt [... ]
  • At a minimum, some account statements from the original creditor. [... ]
  • Copy of the original signed loan agreement or credit card application. [... ]

Also, I wouldn't bother disputing it as "not mine" yet. There's not much point in getting it removed from your credit report until you get to the root of the problem because GMAC may just re-report it the next month.

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If I send them a DV I know they are going to send me a statement of the account, which would be a good thing in ONE way, I can find out what the address was, the address on the Cap One contract say my current address but am told the address with GMAC that it is a different address which by the way is the one on my report that EX WILL NOT delete.

I have NEVER had anyone that I have DV'd send me a signed contract or application.

So far it has not popped back up on TU, now watch since I said that it will LOL.

I will send them a DV but I can bet you 20 bucks they WILL NOT send me a copy of the orginal contract.

Like I said for now they have been very quiet and it IS still within SOL

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A DV is obviously not going to get you anywhere. File a complaint against them with your Attoreny General as well as the Attorney General's Office in their state. This is ridicoulous...if they have no record of you for this debt then it should be taken care of pretty quickly.

I would also file a BBB complaint for good measure. You will get MUCH farther doing these things and dealing with a person further up in the company than just calling and talking to a rep who doesn't really give a damn. Always do what you have to do to get to someone higher up.

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A couple of things to think about here, just because GMAC is reporting a repo it does not nessicarily have anything to do with the Cap1 that you were a co-maker on. My personal opinion would be if you know you have never done buisness with GMAC and you can not get them to provide any docs I would seriously consider going the ID theft route. In all likelyhood the repo between Cap1 and GMAC are not related.

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A couple of things to think about here, just because GMAC is reporting a repo it does not nessicarily have anything to do with the Cap1 that you were a co-maker on. My personal opinion would be if you know you have never done buisness with GMAC and you can not get them to provide any docs I would seriously consider going the ID theft route. In all likelyhood the repo between Cap1 and GMAC are not related.

There is no repo for Cap One, Cap One Auto isn't even on my reports. I didn't check in 2003 never had a reason to, really I never had a reason to check my reports until I was denied for a credit card last year and found GMAC CO and repo.

What gets me is, TU deleted it with one dispute, EQ and EX are hanging on to it for dear life. I don't get it.

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A DV is obviously not going to get you anywhere. File a complaint against them with your Attoreny General as well as the Attorney General's Office in their state. This is ridicoulous...if they have no record of you for this debt then it should be taken care of pretty quickly.

I would also file a BBB complaint for good measure. You will get MUCH farther doing these things and dealing with a person further up in the company than just calling and talking to a rep who doesn't really give a damn. Always do what you have to do to get to someone higher up.

HUMMMM that sounds like a good idea.

BUT, GMAC admitted to having me on that loan BUT since I wasn't a co borrower and just a co signer they couldn't send me the paperwork.

You might be right, the AG might be able to persue them into sending me the contract.

I wonder if that would work for the dealership that has the orginal Cap One contract that will only give it to me if I am being sued by GMAC?

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There is no repo for Cap One, Cap One Auto isn't even on my reports. I didn't check in 2003 never had a reason to, really I never had a reason to check my reports until I was denied for a credit card last year and found GMAC CO and repo.

What gets me is, TU deleted it with one dispute, EQ and EX are hanging on to it for dear life. I don't get it.

There is no ryme or reason as to why one deleates and the other do not. IMHO you are far better to ID theft for several reasons but mostly it would keep it from being sold to a JDB that may well sue and then the drama starts again x 10. Additionaly it will suppress the TL as soon as the CRA recieves it.

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There is no ryme or reason as to why one deleates and the other do not. IMHO you are far better to ID theft for several reasons but mostly it would keep it from being sold to a JDB that may well sue and then the drama starts again x 10. Additionaly it will suppress the TL as soon as the CRA recieves it.

This is another one of those hummmmmmmm replies

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That doesn't seem right to me that they would not give you info on the account. If your name is in any way associated with the account (especially your ss#!!) you should be able to get the info.

I'm telling you go the AG, BBB route. It will get their attention. Whenever I have sent a complaint into the BBB it was ALWAYS answered by someone withing the company who actually had the power to do something about the account. And if this didn't work, the AG complaint certainly would.

Make it easy on yourself and do the online BBB complaint then you will know in approximately two weeks what their answer is. Also check the BBB to see if GMAC is registered with them. If they are, then they are even more likely to want to resolve the situation.

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Is that hummmmmmmmm makes me think or hummmmmmmm I am completely bored? Also how did it work out?

LOL that is a I am thinking hummmmm

I contact a few attornies (why does that not look spelled right) and only one I have not heard back from, the others won't touch it.

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  • 2 weeks later...

It's silly to go the attorney route at this time when there are so many avenues you haven't tried yet. Try what Wahoo said and file an identity theft report, or at the very least file a BBB complaint and then the Attorney General Complaint if that doesn't work.

Why file a lawsuit when you haven't tried so many other easier ways to go about this first that may work? You have at least three things to try first before even thinking about paying an attorey.

BTW you can do the BBB complaint online, and most Attoreny General Complaints also. This will take you 20 minutes tops!

Keep us posted...

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Not that I disagree with going the AG route, I think you should...but I just wanted to add that the AG does not normally take action for one person. Just don't expect the AG to call GMAC up and demand they give you something. But what I would do is make a copy of the complaint you send to the AG and send a copy to GMAC.

If EQ and EX are verifying the account as yours, I would send GMAC a request to produce the contract associated with account number XXXXX that is being reported on your credit report.

PS: DO NOT TELL ANYONE that you are trying to remove this account because you are trying to buy a house. If you do that, they won't budge on it because they know, you will have to pay it before you get approved.

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