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Sister Outsider

Santander sold my repo after not responding to WhyChat's letter

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I sent Santander a version of WhyChat's letter. They didn't give any of the notices required by UCC laws to claim a deficiency for the car they repossessed and sold.

 

So I sent the letter and a few days later, they sold the debt to Cascade. 

 

I guess I wait for letters and dispute. Any advise??

 

 

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I sent Santander a version of WhyChat's letter. They didn't give any of the notices required by UCC laws to claim a deficiency for the car they repossessed and sold.

 

So I sent the letter and a few days later, they sold the debt to Cascade. 

 

I guess I wait for letters and dispute. Any advise??

 

Yes, stop following that WhyChat nonsense.  While some people get lucky and it does work there is absolutely NO legal basis to the majority of it.

 

While you claim they didn't give any of the notices under the UCC that may not be accurate.  All the lender has to do is prove they have a letter not that you ever received it.

 

Either way the debt has been sold and now you have to sit and wait to see if they try to collect. 

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It's not hard to get rid of Santander, did it in the past and never heard from anyone after that. Now the SOL has run and happy days ahead.

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If they had it, why didn't they just send it? I think it's funny that I asked for it, then they sold it a few days later.

 

Because that sale of the account did not happen over night simply because you DVd them.  The sale was for a large pool of debt at one time and likely took a year or more to set up and was set to close within a few days.  That meant they had no need to answer you because the new creditor was taking over. 

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Yes, stop following that WhyChat nonsense.  While some people get lucky and it does work there is absolutely NO legal basis to the majority of it.

 

While you claim they didn't give any of the notices under the UCC that may not be accurate.  All the lender has to do is prove they have a letter not that you ever received it.

 

Either way the debt has been sold and now you have to sit and wait to see if they try to collect. 

 

Actually, there is a little more to it than that.  They must show that they sent it to an address that is one where you will most likely receive it.

Let me give you an example of how I made a bank remove an $11,000.00 repo (with 6 years to go on the clock) from my credit report, apologize to me and ask me to PLEASE let them know if it ever accidentally gets back on there:

I bought a car when I lived in CA.  When I lost my job, I moved home (another state) and was picking up the pieces.  My car payments got behind and I was holding my breath until my income tax would get back so that I could catch up the payments.  When my car's CA registration expired, I had no choice but to register it in the new state.  Of course the bank was notified of the car's new registration and address and had it repo'd.

Now, I wait for the letter giving me the opportunity to get my car back before it's sold (because 2 weeks after it was repo'd I got my income tax) and I never received the letter.  Soon there was an entry on all 3 majors showing repossessed and the $11K deficiency after they sold it.

I contacted them and told them that I never received a letter giving me the chance to buy back my car and they said that they did send the letter by certified mail and it was returned and that was all they had to do.  I asked which address and they said 'the last one we had on file for you, the one at (my address in CA).  That's all we're required to do".

That wasn't true and so I wrote them a letter and stated in the first paragraph, that they shouldn't ignore my letter before they show it to their legal department because they were in serious violation and that I could sue.  It was about a week later that I received the apology and the negative entry  deleted from all 3.

You see, they MUST send that letter, by law the MUST send it to an address that they have reason to believe you will get it.  They KNEW that I was in another state and they KNEW my current address because that is where they sent the repo truck to get the car, so by sending it to the old address in CA, they did not make sure that they had done everything reasonable to ensure that I got the letter.

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