Repo Question for Why chat/marvbear or other experts..

[breck]

Ok,

I've been reading everything on Repo strategy and was just wondering if their is a series of follow up letters to "Why Chats request for Proof of accordance to UCC code" letter?

 

For Example:

 

What do you do after the 14 days are up and you get no response from the Secured party?

 

Is their a system similar to the 1-2 punch suitable for repos?

 

Does anyone have any other pointers as to what to do next?

[breck]

bump

[breck]

bump again

[MarvBear]

You can send Why Chat a PM.

[crashcourse]

Need clarification on this. What are the circumstances? Which State? There are ALOT of variables and each state has a different standard for proper repossession.

 

Tell me more... :?

[crashcourse]

Oh, I see you are in FL. Tough state. I did my research over the years, using the internet, seaching for applicable laws in my state, CA. There are some good threads here, some which I wrote ALOT about the subject of proper repo. standards etc. It was earlier in the year and I would have to look it up myself. If you look hard enough, you will find it all right here, on this site.

[Khizersoza]

Breck, If Whychat sends you a response, please post what he says here. I'm going through the same thing right now with a repo from FMC. I just sent my letter last week, and my 14 days will be up next Friday. I don't know what to do after that point, or what follow up letter to write to FMC (or to the CRA's). I need help with this, and need to know my next course of action. I've searched this site through and through and have not seen anything, about what to do in the second round of the action. Experts please chime in on this, because I was actually going to post the exact same thing today....very important

 

BTW, I live in Washington, DC.

[mason]

I've been wondering about this myself. WhyChat where are ya?

[breck]

Breck, If Whychat sends you a response, please post what he says here. I'm going through the same thing right now with a repo from PMC. I just sent my letter last week, and my 14 days will be up next Friday. I don't know what to do after that point, or what follow up letter to write to FMC, or to the CRA's. I need help with this, and need to know my next recourse of action as well. I've searched this site through and through and have not seen anything, about what to do in the second round of the action. Experts please chime in on this, because I was actually going to post the exact same thing today....very important

 

BTW, I live in Washington, DC.

 

Ok I'll let you know...

 

My situation is as follows..

The repo occurred 3 years ago and it happened in Colorado not Florida..

I did NOT get any notifications whatsoever.I thought ,in fact that the car had been stolen at the time.The OC is Wells Fargo and they are claiming a deficiency of 4k.....From what I've read, they are not entitled to any deficiency at all.My main goal of course is to get the damn thing removed completely and forget about it..

But I sure wish I knew what letters to use after the initial "why chat" one...

If anyone else has experience in this area please chime in and maybe we can all put together a general plan of action...A "How to get Repos removed from your report"Tutorial of some sort...

[four20nik]

Whychat will give you more info.

 

From what I found...SOL in Colorado for UCC is 3 years...not 4. So, if it was been 3 or more years since actual repo....youre past SOL on this.

 

4-2-725. Statute of limitations in contracts for sale.

(1) An action for breach of any contract for sale must be commenced within the time period prescribed in section 13-80-101, C.R.S. This period of limitation may not be varied by agreement of the parties.

 

Annotations

Editor's note - Colorado legislative change: In subsection (1), Colorado substituted the three-year statute of limitations in § 13-80-101 for the four-year statute of limitations in the uniform act.

 

 

 

13-80-101. General limitation of actions - three years.

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:

 

(a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5. (13.80.103.5 isnt applicable to you)

 

(k) All actions accruing outside this state if the limitation of actions of the place where the cause of action accrued is greater than that of this state;

 

(l) All actions of debt under section 40-30-102, C.R.S.;

 

 

So...there ya have it!...

[Why Chat]

I did not do a "follow-up" letter on the repo-deficiency letter as each circumstance is different.

 

If there has been no response from ANYONE, then if you are looking for a deletion, re-dispute as "not mine, no legal repossession on this date from this creditor" for the OC, and "not mine, no such account for this amount on this date" for the CA.

 

A filed complaint to the FTC and a complaint to your State's AG Office or Dept. of Consumer affairs re: FCRA violations by the OC and FCRA and FDCPA violations by the CA for reporting on a fraudulent account.

If you have DAMAGES, i.e. turned down for a loan, or higher interest rates, and this is the ONLY bad entry on your report, then you can possibly get a consumer lawyer to file suit against the OC and the CA.

 

If you are willing and able to, you can file pro-se for violations of FDCPA, FCRA and UCC § 9.

[breck]

Thanks why chat...