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Voluntary Repo vs. Charge-Off HELP!

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Anonymous
Not applicable

Voluntary Repo vs. Charge-Off HELP!

I pulled BF's EQ and EX reports this morning to work on them while he is serving in Iraq and they are a MESS. Most of it I think I can deal with by disputing and sending DVs but there is one major problem he has and I have no clue where to start.
 
In 2002 he bought an Xterra and financed it through a local CU. Some time around late Dec. 2003 and early 2004 he dropped the car off and had his mother (ugh, men...) call the CU and tell them to pick it up. Basically a voluntary reposession, from what I understand. I believe the front end of the car was damaged, but it was not totaled. The account is listed as a Charg-Off on his credit reports with an outstanding balance of $9,927 as of last month. There are NUMEROUS 30, 60, 90, 120, 150, and 180 day late payments associated with this account. He has also told me that there are letters from a law firm at his parents house that have not been opened yet (I will be picking these up at some point this weekend).
 
I have already told him he really should talk to an attorney about this, but since he is in Iraq and his dad is POA then I think this is something his dad is going to have to discuss with a lawyer but I would like any input from you guys before I talk to his dad about this.
 
I looked up the SOL for SC and it is 3 years on promissory notes (which is what this account is, correct??) so they can not sue him right? Also, if they CAN sue him, can they do that while he is serving overseas?
 
Shouldn't this account be listed as a voluntary reposession and not as a charge-off? If so, there should not be all the associated late payments with this account right?
 
Please help, I do not know where to begin with this. Once I pick up the papers from the attorney then I will provide more info. Thanks in advance!
 
Edited to add: I cannot pull TU due to verifying information, they wanted him to call in which obviously he can not do overseas.


Message Edited by MeganML84 on 12-29-2007 04:00 PM
Message 1 of 7
6 REPLIES 6
CreditDrama85
Established Contributor

Re: Voluntary Repo vs. Charge-Off HELP!

has the car been picked up? a charge off is actually better than a voluntary repo but they both are bad. once the car is picked up, you better have a plan to pay if not the bill--attorneys and fees. if the car hasnt picked up, at least the clock is still ticking. and a voluntary repo will not help you because you have no money and then will be faced with judgements, etc.
Message 2 of 7
fused
Moderator Emeritus

Re: Voluntary Repo vs. Charge-Off HELP!

Moving to General Credit Issues Forum
Message 3 of 7
Anonymous
Not applicable

Re: Voluntary Repo vs. Charge-Off HELP!



CreditDrama85 wrote:
has the car been picked up? a charge off is actually better than a voluntary repo but they both are bad. once the car is picked up, you better have a plan to pay if not the bill--attorneys and fees. if the car hasnt picked up, at least the clock is still ticking. and a voluntary repo will not help you because you have no money and then will be faced with judgements, etc.

I assume the car has been picked up, this was back in 2004 so I certainly hope so...
 
So he will still have to pay for the car even though it has been turned in? I'm sorry I don't know anything about this--I have always paid my car loans, haha.
 
I am just looking for advice, or if anyone has been in this situation. Like I said before I will update once I get ahold of the letters from the attorneys.


Message Edited by MeganML84 on 12-29-2007 07:35 PM
Message 4 of 7
Anonymous
Not applicable

Re: Voluntary Repo vs. Charge-Off HELP!

Yes I believe it is a promissory note. The SOL is 3 years from DOLA.....look at CR and see what the date is. You also must look at the month.........3/2003   They can file a suit up till the last day of the month!
 
It does not go by when he called & told them to get the car OR when they came for it.
 
If it stays as a CO  it is better. There is no such thing as voluntary repo.....a repo is a repo!
Message 5 of 7
Anonymous
Not applicable

Re: Voluntary Repo vs. Charge-Off HELP!

Voluntary Repo, in some cases, only helps when a creditor is viewing your overall profile (this gives you the opp to explain). Regardless of it being voluntary or involuntary, I agree with Happy--repo is repo.
Message 6 of 7
Anonymous
Not applicable

Re: Voluntary Repo vs. Charge-Off HELP!

SSCRA - Soldiers and Sailors Civil Relief Act   READ this before doing anything!  He has rights he may not know about (and his dad having POA does not pre-empt them).
 
Message 7 of 7
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