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donkeyshark

Is WhyChat's Repo Letter for me?

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Hi guys, I'm revisiting an old repo account and trying to decide what to do. Here is my conundrum...

 

I have a repoed leased vehicle from 03/2008. I was never sent the proper notices from the sale of the vehicle. I am wanting to use whychat's repo letter, but am afraid of being sued in my previous state as the lease was signed in WA state (6 year SOL expires 03/2014) and I moved to CA about 4 years ago (4 year SOL already expired). I know that a CA can only sue me in my current state and would not be worried about them, but the OC (who is still the one actually reporting the CO every month on my CRs) can still sue me in the state where the loan originated (WA) as they are not subject to the same laws that govern the CAs.

 

So, my question is this: should I try sending the OC whychat's repo letter? Or will that likely just give the OC incentive to sue me in WA state and obtain a judgement?

 

 

...I've spent hours and hours researching which SOL applies in my case. Cliff notes: many people say that it's the current state of residence that applies, however a lawyer told me that if it were a CA coming after me, then yes, they'd have to sue me in my current state of CA, but if it's the OC that is suing me, they can and will still sue me in WA state to obtain a judgement for up to 6 years since that's WAs SOL. That's not exactly ideal for me as there are only 5 months left on that SOL.

 

 

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Hi:

 

I don't have any specific experience with repos,but here are the questions people here will need answers to:

 

1) Who currently owns the debt? You say the OC is still reporting. What are they reporting every month? How much do they say you owe them? You can't be worried about being sued by a CA and an OC..only one has standing. You need to find out who it is in your case.

 

2) Have you pulled a Carfax to see how many times the car has been sold?

 

Once you have the Carfax data, I would post it here (without any identifying personal data) and ask WhyChat for an opinion (you can send whychat a dm with a link the the thread)

 

My understanding from reading previous threads is that the gist of the argument (and PLEASE don't quote me on this..i am no expert!) is that when cars are repo'd, they are generally sold cheaply, at auction and not only are the proper notices not given, but the creditor has an obligation to get a fair price for it and only come after you for the difference between what you owed and what they got when they sold. If they sold it cheaply at an auction...and didn't notify you, you have no obligation to cover their loss.

 

So, the idea is...SOL doesn't matter as much..because they have to be able prove they have some standing and depending on the information in your carfax...they might not have any.

 

Again...whychat is the expert and there are many others here that have gone through repos.

 

My suggestion is that you simplify your question.
1) Submit the details of your carfax here along with the name of who owns the debt. You will probably be able to find someone here who has dealt with that creditor and can give you specific advise on that creditor.

 

2) Ask WhyChat to review the Carfax details. WhyChat can tell you if the car was sold properly or if his/her letter will work.

 

3) Then..once you get clarity on that...and know for sure who owns the debt, then the SOL issues should already be clear..but if not...that will be an easier question for people here to answer.

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She8itall is correct. A repo voids the original installment loan contract.

 

Here are the steps you need to take:

 

http://www.whychat.5u.com/GUIDEBOOK.html

 

You will be using the Repo program

 

http://www.whychat.5u.com/repoltr.html

 

There is a link at the top to the legal background and State laws for repos together with case law that proves that a repo voids the original installment loan contract.

http://www.whychat.5u.com/repoltr.html#resource

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Hi:

 

I don't have any specific experience with repos,but here are the questions people here will need answers to:

 

1) Who currently owns the debt? Nissan Infiniti LT (also reporting as Nissan Motor Acceptance). You say the OC is still reporting. What are they reporting every month? They are reporting a CO every month. How much do they say you owe them? $18786 with the juice, $10669 before the juice. You can't be worried about being sued by a CA and an OC..only one has standing. You need to find out who it is in your case. I have never heard from any CAs regarding this debt, only the OC - Nissan. Also, it was a leased vehicle.

 

2) Have you pulled a Carfax to see how many times the car has been sold? Yes, I'll post it below.

 

Once you have the Carfax data, I would post it here (without any identifying personal data) and ask WhyChat for an opinion (you can send whychat a dm with a link the the thread)

 

My understanding from reading previous threads is that the gist of the argument (and PLEASE don't quote me on this..i am no expert!) is that when cars are repo'd, they are generally sold cheaply, at auction and not only are the proper notices not given, but the creditor has an obligation to get a fair price for it and only come after you for the difference between what you owed and what they got when they sold. If they sold it cheaply at an auction...and didn't notify you, you have no obligation to cover their loss.

 

So, the idea is...SOL doesn't matter as much..because they have to be able prove they have some standing and depending on the information in your carfax...they might not have any.

 

Again...whychat is the expert and there are many others here that have gone through repos.

 

My suggestion is that you simplify your question.

1) Submit the details of your carfax here along with the name of who owns the debt. You will probably be able to find someone here who has dealt with that creditor and can give you specific advise on that creditor.

 

2) Ask WhyChat to review the Carfax details. WhyChat can tell you if the car was sold properly or if his/her letter will work.

 

3) Then..once you get clarity on that...and know for sure who owns the debt, then the SOL issues should already be clear..but if not...that will be an easier question for people here to answer.

 

Thank you, I will post the carfax history section and a copy of what is reporting on my CRs below. The vehicle was repoed in July 2008 and sold at auction in Aug 2008, so it was within the 2 month window.

 

le2f.png

 

ydc3.png

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She8itall is correct. A repo voids the original installment loan contract.

 

Here are the steps you need to take:

 

http://www.whychat.5u.com/GUIDEBOOK.html

 

You will be using the Repo program

 

http://www.whychat.5u.com/repoltr.html

 

There is a link at the top to the legal background and State laws for repos together with case law that proves that a repo voids the original installment loan contract.

http://www.whychat.5u.com/repoltr.html#resource

 

Thanks again WhyChat. I have opted out and have removed my old addresses which were associated with this account. I also sent validation letters to the CRAs. They verified. I have now written my repo letters per the guidelines in your infamous letter. I think I'm gaining clarity on how this works now... so, I guess I'm off to the races. I'll be firing out some bullets to the OC. Hopefully this will take care of it. But even if not, it sounds like I don't really have to worry any longer about being sued.

 

Crossing my fingers...

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Help! What's next?...

 

I sent my letters out and received a response within 14 days from Nissan Motor Acceptance (they are the only entity reporting on my CRs). I don't think this looks good for me... but hopefully there is another loophole I'm unaware of. Here is their response...

 

The letter says that they received my request for validation but that they are not subject to the FDCPA as they are not a 3rd party/CA and will not validate (I didn't ask for validation, I asked for proof that the proper notices were sent out in a timely manner). However, they did mention that their records show that my account was previously assigned to Vital Recovery Solutions and gave me their contact info. I have never heard from VRS and they are not reporting anything on my CRs. The only entity reporting to my CRs is Nissan Motor Acceptance, the OC.

 

Then they enclosed copies of 3 notices that were supposedly sent. The 3 letters were 1) the Notice of Default, 2) the Notice of Intent to Dispose or Repossess and 3) the Statement of Sale. I believe these are exactly the letters I was demanding in my Repo Letter.

 

So... here I sit... I'm not sure what to do next. It appears as though they have complied with my demands (yet again).

 

 

... I'm about 0 for 15 with my credit repair letters now and starting to get discouraged). It feels like I have "wasted" countless hours trying to clean up my reports over the past year and a half. It's all you superstars out there that keep my hope alive :) At least I've learned A LOT about how credit repair is supposed to work though if nothing else lol.

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Did you send the follow up letter to the CRAs??

 

http://www.whychat.5u.com/repoltr.html

 

This is posted following the letter to the OC ( and CA if you have one)

 

You may get a fraud alert on your reports, but that is OK.

No, I didn't try to send that one, because it says to mail it after 14 days if they haven't responded. But it didn't say what do to if they *DO* respond. Are you saying I should mail that out to the 3 CRAs even though Nissan did in fact send me a copy of the letters?

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I don't know whether or not I should mail the follow up letter. Your instructions state to mail the follow up letter only if they have "NOT" responded... but the OC responded to the repo letter with the required documents, and the date that the notice of sale was mailed to me is only 6 days after the reported date of sale on CarFax. They seem to have all their ducks in a row. Should I still send the follow up letter or do they have me?

Edited by donkeyshark

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Don't they need to send 3 notices?

The first- "We have your car and if you want it back..."

The second- "We intend to sell your car on or after this date..."

The third- "We sold your car..."

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Don't they need to send 3 notices?

The first- "We have your car and if you want it back..."

The second- "We intend to sell your car on or after this date..."

The third- "We sold your car..."

Yes, and they sent me all three!

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I just got the results back from the follow-up repo letter. They put a fraud detection on all 3 bureaus, and so far TU has already come back to me as VERIFIED (it was only 5 days after they got the letter too!). What do I do next?

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I'm no lawyer, but it's my understanding that those SOLs don't apply any longer. Those are in regard to the original contract. Repossession voids the original contract and then the 4 year Uniform Commercial Code SOL comes into play. http://www.law.cornell.edu/ucc/2/2-725

 

Based on this Rationale, would it it not be better to dispute any repo from a SOL perspective if indeed it applies and its been 4 yrs or longer....irrespective of what state you are...? Any ideas guys?

Edited by makesitwork

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How do you find your vin number for your old car if you don't have paperwork on it anymore?

I called my insurance company and they looked it up and provided.

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Would someone mind commenting on this with some advice with regard to my repo and if WhyChat's letters would work?

 

Had a major medical issue and was unable to continue to pay my car payment

Turned the vehicle back into the dealer (GM)

Ally then sued me for the difference - almost 7k!

Ally turned the collection over to a company called Constar

Because I was scared they would sue me for the whole 7k, about a year ago I started paying Constar a whopping $50 bucks a month and am still continuing to do that.

 

Where do I start? I'm thinking:

 

Send Constar a certified letter revoking my authorization for them to debit my account $50 a month

Then start WhyChat's repo process above....

 

Am I thinking correctly here?

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Subbing as my husband has a repo that is due to be out of SOL in Feb next year. I have no idea what it was sold for at auction but they seem to be reporting the total owed and haven't updated since the sale. Afraid to touch it before SOL as I do not have 8k sitting around but I plan on trying to get it off before I go for a mortgage in 2 years.

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