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My ex-boyfriend, who's been in Chap 13 BK since before I met him, 2 yrs ago, induced me into signing a car lease for "us" so that we could have transportation.  I don't drive and have no car.

 

He managed to get 4 DUI's, and the car was impounded then repossessed by Ford.

 

It was sold and I am stuck with the difference between sale price and value.  $ooooo.   I sent them 3  payments since January, which they accepted then they sent a collection agency after me for the full amount.

 

I sent a C&D letter and also explained I was making good faith payments which were accepted and to cease contacting me.

 

I just sent Ford Finance 000 from my tax refund.   My question is, can they still attempt to sue me through collections even though they are accepting payments and not demanding more per month or anything?    I guess there's no suing for 3rd party harrassment, is there??

 

Don't yell at me, I was in love and thought we had a future together.  HA!  Of course, my credit is totally ruined and I don't care anymore.

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At this point, I would stop making payments (if you can, don't send the $400, otherwise keep track of all payments already made). I would instead save up the money and settle at a later time. You will probably be able to settle this for 25 cents on the dollar if you wait and in the meantime, might catch a few collections companies behaving badly which could wipe out the debt.

As for suing you, even if you made payments, they can sue for the full amount because the contract probably accelerates to the total amount due when in default. That is why I would not make any more payments. You probably just send money down a black hole.

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Of course they can, as long as you don't pay them in full, or settle it. You might be better off calling Hyundaing and getting a settlement. Anything you do must be in written, if it ain't in written it never happened.

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"can they still attempt to sue me through collections"

Yes they can sue you in court for the balance.

 

Have you seen the name NCO or nco financial systems inc on any paperwork they may have sent you.

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And did you dump the bum, I hope?

She did say "ex-boyfriend".

 

I hope she lives up to her name.

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"can they still attempt to sue me through collections"

Yes they can sue you in court for the balance.

 

Have you seen the name NCO or nco financial systems inc on any paperwork they may have sent you.

No I haven't.  The only CA they used was RA Assoc.  I told them not to contact me again as I was continuing to make payments.   Since it's only now about 0000 with my payments, they could only sue in Small Claims here in CA and I'm hoping they don't want the hassle and court costs.

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At this point, I would stop making payments (if you can, don't send the $400, otherwise keep track of all payments already made). I would instead save up the money and settle at a later time. You will probably be able to settle this for 25 cents on the dollar if you wait and in the meantime, might catch a few collections companies behaving badly which could wipe out the debt.

As for suing you, even if you made payments, they can sue for the full amount because the contract probably accelerates to the total amount due when in default. That is why I would not make any more payments. You probably just send money down a black hole.

Frankly, I've been given this advice before but, honestly, am too afraid to go this route.  I've always paid my bills and at this point, have no one to help or back me up if I go to "war" on this.   I sued Ford last year for harrassing me on the job for car payments as my ex was late several times on payments.   The CA they used this time around, was VERY careful not to violate any collection rules, even quoting in the letter what they could and could not do.

 

I doubt it's down a black hole, as when I got the CA letter, they adjusted the balance down from my payments before hand.

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This is my first thead here, being new, and thank you all for your great and very helpful replies.

 

I may need you guys again, and meantime, I hope I'm able to help someone here.

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Of course they can, as long as you don't pay them in full, or settle it. You might be better off calling Hyundaing and getting a settlement. Anything you do must be in written, if it ain't in written it never happened.

Excellent advice, however, I don't have any money to offer any kind of settlement at this point,  I can barely make my  payments as it is.  I tried to borrow $8000 from  my bank, but because my ex ruined my credit with late payments and now the repo, I was turned down.

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Go to your local credit union/bank and open a saving account, and start saving there, then we you got enough and you are willing to give them money settle the account in writer, and game over, or just let it drag till is outside SOL.

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I could do that, but this bill just came in January 2013 and California SOL is 4 years and I simply don't have the energy to fight off collectors and lawsuits until then.    Fortunately, there is no interest on this.

 

Thanks for thinking of me:) 

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You sent the C&D to who...Hyundai or the CA?  If it's sent to Hyundai then it ain't worth the paper it's printed on.  If you sent it to the CA then maybe it is.  If you sent it to the CA, who did you then send the payments to...Hyundai or the CA?  If Hyundai, ok...if then the CA, then they can (and will) argue that you effectively withdrew your C&D when you sent payment.

 

You mention you sued Hyundai before for harassment for calling you at work..but then you mention the CA in the same paragraph.  Did you sue Hyundai or the CA?  (or both by incorporation?)

 

 

 

So what we have here is a 7800 dollar bill for the difference in what the car sold for and the outstandaing loan  balance, minus the payments made...which brings us to (assuming no interest) 7100 bucks.  Is that correct? I just want to make sure we're on the same page.  You mention that they can only sue in small claims court...7g's is a lot of money, and I wouldn't be so sure they wouldn't sue you.

 

 

Where do you want to go from here?  You mentioned your credit was ruined already thanks to this d-bag and his shenanigans, so you can't get a loan for the payoff balance.  You also mentioned that you can barely afford the hundred bucks monthly payment. 

 

What's your endgame?  Obviously, the CA and Hyundai aren't just going to simply go away...so what would you like to have happen with this situation?

Edited by Amerikaner83
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Look, we do not have a magic wand here. Either you fight or roll over and then they will sue you and then they will start taking what they want within the law which is quite a bit more than $100. They will not care about your other bills or even if you will lose your home.

If you want to send in payments, that is fine but realize that they are not going to wait forever so you need to either come up with a plan to either fight or get the money together quickly.

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I could do that, but this bill just came in January 2013 and California SOL is 4 years and I simply don't have the energy to fight off collectors and lawsuits until then.    Fortunately, there is no interest on this.

 

Thanks for thinking of me:) 

 

Keep in mind you have already told them to cease calls, right? (A letter I hope) There is no fighting. You just wait them out. In the mean time, save money. What the others are saying is do this for a year, see what you can save. When you offer them a lump sum settlement instead of payments they will be much more willing to work with you.

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I sent the CA a C&D letter and have had no contact since then.  

 

My endgame is to be left alone by them to pay this off.   I might look into bankruptcy as an option, as well.   is really not much for them as they are a multi-million corp and they have dealt with much higher losses then this so I'm hoping they will realize that this is not worth pursuing since I am already making payments.   If they try to sue and attach my wages, they will STILL only get payments such as I am making.   I can't pull  out of thin air.

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Sorry I didn't explain it well.   I first sued Hyundai last year for calling me on the job regarding car payments after I told them not to.   RA Assoc is the CA they sent after me in Feb for not paying the full amount for the difference after the car was sold by them after the repo.

 

I sent the CA a C&D letter and have had no contact since then.   Yes, it's down to $7100.   

 

My endgame is to be left alone by them to pay this off.   I might look into bankruptcy as an option, as well.  $7000 is really not much for them as they are a multi-million corp and they have dealt with much higher losses then this so I'm hoping they will realize that this is not worth pursuing since I am already making payments.   If they try to sue and attach my wages, they will STILL only get payments such as I am making.   I can't pull $7000 out of thin air.

 

Wouldn't it be better to ignore them for a year, save as much as you can and offer them, say $2000 to settle? What could it hurt?

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Keep in mind you have already told them to cease calls, right? (A letter I hope) There is no fighting. You just wait them out. In the mean time, save money. What the others are saying is do this for a year, see what you can save. When you offer them a lump sum settlement instead of payments they will be much more willing to work with you.

Yes, I sent the CA a letter.   I'm sure in the meantime they may try to sue for the full amount but I can't do anything about it right now as I don't have it.     Yes, I could stop paying and save the money, however, they will sue and come after me.  I feel that waiting them out will just cause me endless problems.

 

What's the difference of putting the payments in savings acct and giving them the payments each month?  Perhaps a few here  can tell me their stories of "waiting it out" and what happened to to them.

 

I do appreciate all the advice, but I could never save up even close to in just a year or less.      I rent an apt. I don't have a home or car they could take and have other bills to deal with.

 

   Since they are accepting payments, what kind of legal leg do they have to stand on to sue?

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Wouldn't it be better to ignore them for a year, save as much as you can and offer them, say $2000 to settle? What could it hurt?

That's a very good idea, but in the meantime, they will continue to come after me through CA and lawsuits to attach my wages.  I don't see how ignoring them would work.      Hopefully, they realize they will get the full amount eventually if they just shut up and leave me alone.

 

As you can tell, I've never been through anything like this so am probly missing a lot of the picture.

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Look, we do not have a magic wand here. Either you fight or roll over and then they will sue you and then they will start taking what they want within the law which is quite a bit more than $100. They will not care about your other bills or even if you will lose your home.

If you want to send in payments, that is fine but realize that they are not going to wait forever so you need to either come up with a plan to either fight or get the money together quickly.

I know that.     Actually, doesn't the judge determine the percentage of attachment in relation to current bill payments and living expenses?   They can't leave you without the ability to pay your rent.     Is there a wage attachment section here?  I don't want to fight them unless they try to sue.

 

What kind of fighting are you talking about?   The debt is legitimate and I could not offer any settlement at this point as I don't have a few thousand to give them.

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The deal with saving is that you will have cash money for a settlement when they sue if they sue, and/or a settlement then, you could file bk if they sue and you don't wanna fight and the settlement is too high.

 

In the mean time calm down, keep sending C&D letters to all CA, and also you might wanna send a letter to Hyundai removing any consent to call you and to put our number in their internal Do Not Call List. Make sure you send everything certified mail return receipt. and keep all docs.

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Yes, I sent the CA a letter.   I'm sure in the meantime they may try to sue for the full amount but I can't do anything about it right now as I don't have it.     Yes, I could stop paying and save the money, however, they will sue and come after me.  I feel that waiting them out will just cause me endless problems.

 

What's the difference of putting the payments in savings acct and giving them the payments each month?  Perhaps a few here  can tell me their stories of "waiting it out" and what happened to to them.

 

I do appreciate all the advice, but I could never save up even close to $7000 in just a year or less.      I rent an apt. I don't have a home or car they could take and have other bills to deal with.

 

When I sent my first payment in January of $100, Hyundai deposited the check and made no demands for more or offer me other payment plan options.      Since they are accepting payments, what kind of legal leg do they have to stand on to sue?

The same legal leg that lets them sue in the first place.  There is no "points for being nice" when referring to the legal system.

 

That's a very good idea, but in the meantime, they will continue to come after me through CA and lawsuits to attach my wages.  I don't see how ignoring them would work.      Hopefully, they realize they will get the full amount eventually if they just shut up and leave me alone.

 

As you can tell, I've never been through anything like this so am probly missing a lot of the picture.

They can get the full amount (plus MORE) if they sue you and win.  They couldn't (and don't) give a rat's behind if you can only afford for 100 bucks each month...if they sue and win they can go after your bank accounts.  A Judgment lasts for 10 years, and in most cases is renewable at least once, sometimes more.  That's 20 YEARS of having this breathe down your neck if they sue and win.

 

Ignoring them won't work.

 

Hoping they'll be happy with 100 bucks for the next 71 months won't work either.

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The deal with saving is that you will have cash money for a settlement when they sue if they sue, and/or a settlement then, you could file bk if they sue and you don't wanna fight and the settlement is too high.

 

In the mean time calm down, keep sending C&D letters to all CA, and also you might wanna send a letter to Hyundai removing any consent to call you and to put our number in their internal Do Not Call List. Make sure you send everything certified mail return receipt. and keep all docs.

That's true but it would take me over a year or more to save even half a settlement and in the meantime they'll sue me anyway.  I'll try to up my payments if I can at this point.

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The same legal leg that lets them sue in the first place.  There is no "points for being nice" when referring to the legal system.

 

They can get the full amount (plus MORE) if they sue you and win.  They couldn't (and don't) give a rat's behind if you can only afford for 100 bucks each month...if they sue and win they can go after your bank accounts.  A Judgment lasts for 10 years, and in most cases is renewable at least once, sometimes more.  That's 20 YEARS of having this breathe down your neck if they sue and win.

 

Ignoring them won't work.

 

Hoping they'll be happy with 100 bucks for the next 71 months won't work either.

I usually have less then $400 in my ck account so they cannot get the full amount at once no matter what they try.   And I've ignored the advice to ignore them:P      And thanks for this, now I'm more depressed then ever.

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