cancel
Showing results for 
Search instead for 
Did you mean: 

Reposession - Not Really

tag
Anonymous
Not applicable

Reposession - Not Really

OK, situation is this:  DH had leased a vehicle in 1998.  Paid all lease payments.  Acct paid in full as of Oct 2003.  Wanted to change lease over to loan, but due to BK, bank said no.  BK was filed in 4/2003, but lease was not included.  It was paid separate from the BK.  Asked if he could return the car a week later, bank said ok.  Due to return on Saturday, they came for car on Friday.  Reports as charge off with open collection for 13K.  They say this is deficiency balance.  Deficient for what, I have no idea, since the lease was up and payments were made.  Never received any notification that car was repo'd or that they would sell car until 2 years later when they sent letter saying we owed $13K.  I am currently disputing this as I have no idea why they are saying he defaulted when he paid the lease.  I have asked for all documentation, but they won't budge and say they don't have to prove anything.  It's killing his credit score.  Also SOL expires I guess in October of this year, as that would be 4 years out from date of supposed default [there is no default].  Any advice???
Message 1 of 8
7 REPLIES 7
Tuscani
Moderator Emeritus

Re: Reposession - Not Really

First, double check the SOL to be sure it is accurate for your state:
 
 
I bet they would provide documentation if you send a ITS letter.
Message 2 of 8
Anonymous
Not applicable

Re: Reposession - Not Really

Thanks, Tuscani, it is accurate. I live in PA.  What is an ITS letter?  All I can think of is intent to sue???
Message 3 of 8
Tuscani
Moderator Emeritus

Re: Reposession - Not Really

Yep.. Intend to sue
Message 4 of 8
Anonymous
Not applicable

Re: Reposession - Not Really

Actually, I don't think they have any documentation.  I have been trying to get this resolved for 2 years now and no one will send me anything.  They keep saying that they have the information and it was sent to me, but they don't send me any proof.  I mean, I know that the account was not in default, it never, so it may possibly be a wrongful repossesion.  However, I know that they can take their property any time they want, but I was more concerned that they repo'd and didn't follow procedure.  We were never notified of intent to sell, or given an opportunity cure said default.  Just not sitting right with me.
Message 5 of 8
Anonymous
Not applicable

Re: Reposession - Not Really

Sorry for my ignorance, but do I need a lawyer for that letter, or can I just send it off myself?
Message 6 of 8
Tuscani
Moderator Emeritus

Re: Reposession - Not Really

I would engage a lawyer for this one. Smiley Happy
Message 7 of 8
Anonymous
Not applicable

Re: Reposession - Not Really

Right O.  Thanks.  I'll give my attorney a call and see what he can do with these yahoos.
Message 8 of 8
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.