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Grandma

Repo and now Collection

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In July, 2008 BOA repossessed my RV that my husband and I had been paying on since 2003. After his death in 2006 I struggled to make these payments. I used most of the death benefits from insurance that I rec'd. to continue making these payments until the money ran out. I tried to sell it, but couldn't find a buyer. The bank is showing it as a charged off account on my credit report. I have now rec'd. a notice from Allied International Credit Corp. for repayment and the phone is ringing constantly. They are calling from 3 different phone numbers; 52 calls in 12 days, changing their phone number every day. For the past couple of days, they are showing their Ontario phone #, then 1 minute later they call back from a blocked #. While I don't dispute the fact that the RV was repossessed, if I could have paid the monthly payments I would have. My only income is from a disability retirement that I have been receiving since 1996. I live in a mobile home which could be considred an asset(no debt) and I have a car. I have been told that my bank accounts can be garnished(checking as well as a small savings). I am 63 yrs. old and have no way of paying them $70,000. Any suggestions on how I can resolve this matter. Thanks for any information someone can provide to me.

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They are makeing false threats unless they have already gotten a judgement against you. That would appear on credit reports to. If they have judgement send in a motion to court to vacate if you were not served correctly. Get their mailing address and send a letter to validate debt and cease and desist to stop phone calls. send it certified mail with return receipt. If phone calls percist anserw and keep records dates and times, agent name and employee number. basically since only income is disability you are judgement proof. I hope this helps. sorry to hear of your loss. Don't put up with collection agency harrasment. read newbie section lots of good information in there. read FCRA laws and FDCPA laws Protect your rights and be prepared to sue company harrasing you.

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I'd get a lawyer immediately.

 

The fact is, 52 calls in 12 days COULD be considered harassment. Have you answered ANY of the calls?

 

Who told you that your bank accts can be garnished? I thought if your only income was disability, they can't do that.

 

Also, Allied is one of those that are....mmmm really really shady. When did they take it in 2008?

 

This is strictly my opinion, but if everything had been done the right way, I don't think they'd be calling you for a $70k debt--I'm thinking the lawsuit would have been filed years ago. :mellow: BUT, that's just my opinion.

 

Have you gotten anything in the mail from them? After it was taken, did you receive any letters with the date it was sold or the balance etc?

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I did receive a written notice from Allied. I have not talked to them, but after researching the phone #'s shown on my caller ID, it is them. They have left 2 messages just saying that it was a very important matter and to call at the name and phone # they leave. They do not identify themselves as a collection agency. In July, 2008 I received a letter from BOA telling me that I could have it back if I paid it off. I couldn't pay it off. After it was sold they sent me a statement and I never heard anything again. That was in Oct. 2008 and this is the first I have been contacted about it. My 30 day period to ask for validation runs out on the 15th of May. I suppose they could put a lien against my mobile home and car, but they aren't worth much. This was our 3rd RV that we financed thru BOA and we never had any problems making our payments. We just didn't know my husband was going to get pancreatic cancer and die. I just don't know how to deal w/Allied. I don't have much money and I can't offer them much. I am just trying to find the best way to address this. I do have a call log of all their calls. My phone company has a special program that logs them in my account with dates and times and numbers, so they can't dispute the fact that when they call, it is 3 or 4 times within a few minutes. I also have copies of their messages that were left.

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Well, save those messages. If they didn't say that they were attempting to collect a debt--they violated the law.

 

BUT...we are dealing with a $70k debt so you may want to tread lightly.

 

I think I would send the DV. If you can't be garnished or levied, then they aren't going to get their $ anyway.

 

In my recent situation with a repo, I was worried about just under $10k. I waited 2 years and sent WhyChat's repo letter. The CA had been calling, but nothing had ever been sent via mail and they weren't leaving the required disclosures on our answering machine.

 

We filed suit for violations and after that, also sent WC's letter to the CRAs. I never did send it to the CA as they disappeared after the suit.

 

What state are you in?

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I live in PA. I don't dispute the fact that it was my loan. When we bought it, both of our incomes were used to qualify for the loan. My husband had an $80,000 a year job and they said they still needed my income from disability because we were married and it was going to be in both of our names. Then he was refused the insurance because he was diabetic, and they told me I didn't qualify because I wasn't actively employed. On my income alone, there's no way I would have qualified for the loan.

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I'm not judging you. lol. This board is pretty good about people being able to state facts and no one return with snide remarks. :offtopic:

 

Take a look at WhyChat's page.

 

http://whychat.5u.com/

 

I'm surprised no one else has any other suggestions. I think I would send the DV just so you cover your butt with the 30 day thing.

 

A basic, "I don't know who you are and am requesting validation per the FDCPA. This is not a refusal to pay." I'm sure you can find another better worded DV but keep it short and sweet.

 

They may go away with that. I would tell you to include a limited cease and desist to stop the phone calls, but if they keep calling and leaving messages like they are, you could potentially sue them for $1000 when all is said and done.

 

I think your goal here should be to lay low until October when it hits 2 years. Do you know when it sold or for how much? Do you have a Carfax report?

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