Repossession Deficiency Help

[givens1026]

I had a vehicle repossesed in August of 2006.  The creditor (CPS) is claiming a deficiency of $5687.00.  

In September of last year I sent the Deficiancy valadation letter (I don't know specific name) and got no response.  I sent another letter in December of 2008 with no response.  In May of 2009 I retained an attorney (as I have legal service provided through employer) to try and get this deleted from my CR's. 

The attorny sent letters first to the creditor stating that we would file suit under all applicible state and/or federal laws if we did not get a response this time...no response.  Then letters were sent to the two CRA's (TU and EX) that are still reporting the listing.  All including the correspondance from me and my attorney.

EX stated they have previously verified it and unless new evidence was sent the will not review again.  TU just sent back verified. 

Now, granted the attornys in this office aren't offering any new ideas so I would like to ask your opinions on a next step.  I have been disputing / writing letters for a year and a half.  This is one of the only 3 baddies left and is like I'm hitting a brick wall!!  Should I sue???

Thanks in advance for any and all help. 

[givens1026]

Anything?  If I am leaving anything out please let me know and I will try to clarify. 

[Chopbrocoli]

Did you send the debt validation letter to the original creditor? If so, the original creditor is not bounded by the FDCPA and does not have to provide verification since they are the ones that financed your car. However, if the OC sold your deficiency balance, that's a different story.

Message Edited by Chopbrocoli on 08-17-2009 01:38 PM

[givens1026]

I sent a letter to the original creditor.  However, it wasn't a standard DV letter.  It was specifically for repossessions and deficiencies. 

Basically stating that I request copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject matter. 

Sorry if I was unclear in stating this was a "validation".  It was a dispute if you will.  The letters from my attorney were to this point as well. 

[Chopbrocoli]

I see. Hmm, once again I'm pretty sure the OC is not obligated to respond to such request. But what exactly are you disputing? Are you disputing the amount and want to make sure that when they sold the car at auction, your balance is correct? As well, I don't think you would have any standing to sue.

[givens1026]

Okay.  I may be wrong but the intention of the letters were to hold them accountable pursuant to the statues of the state the car was repossessed, to properly file and provide the proper notifications and to also comply with providing these if requested to validate the repossession. 

Funny thing is when I physically call, they have no record of me!!!  I know they repo'd the car.  But what I am unsure of is that they took shortcuts and abused the consumers general lack of knowledge on the subject.  

I was essentially trying to create a paper trail since EX and TU will not budge on removing them from my report.  That is all I hope to accomplish. 

Thanks for the replies.  Today I have consulted with a local consumer rights advocate and they feel that with the information I have obtained they are indeed in violation and are going to pursue.  If I can just come out with costs covered and the items removed I will consider it a success.  Who knows though???????

Thanks again!!!