cancel
Showing results for 
Search instead for 
Did you mean: 

Need Advice....

tag
cassie3783
Regular Contributor

Need Advice....

Backstory:  in Dec of 2003, I financed a brand new Nissan w/ my grandpa as a co-signer.

 

Long story short, I got in over my head, couldn't make the payments & ended up letting the car get repossessed. 

 

The first time around, it was off my credit by 2009. 

 

I just so happened to be at my grandparent's house (same house that now-deceased g'pa lived) when a letter came in from a new collections agency regarding this repossessed car wanting the remaining balance that was owed on the car - 16k.

 

The letter only came to my g'parents house, an address I've NEVER resided in.

 

What do I do?  I obviously can't afford to make payments on a balance of 16k.  I'm currently paying on a car that I currently drive.

 

Do I let this go on my credit (which I'm assuming it will eventually do) then dispute based on incorrect address or do I send DV letter?  Or what??

 

Thanks in advance!!!

Message 1 of 2
1 REPLY 1
RobertEG
Legendary Contributor

Re: Need Advice....

First thing:  determine the CR exclusion dates for each derog on the OC account.

Any monthly delinquency is excluded after 7 years.

Any charge-off or collection is excluded after 7 years plus 180 days from the DOFD.

Repos are similar to a CO, and are also excluded 7 years plus 180 days from DOFD.

 

Those dates are absolutes.  Once their CR exclusion date has passed, they cannot be included in your CR.

 

Second thing: determine if the debt is now outside of SOL.  Being an auto loan, it was most likely a written installment contract.

 

The debt collector is fishing for unaware consumers who might just panic and pay.

If outside of both SOL and any CR exclusion period, it wont reappear in your CR, and you cant be successfully sued.

 

Three options:

1. Send a DV within 30 days of their dunning notice, which invokes a total cease collection bar on them until they provide debt verification.

2. Send them a cease communication letter under FDCPA 805(c), preventing them from contacting you.

3. Pay it, once the debt is determined to be accurate, thus eliminating any old, unpaid delinquent debt.

 

I suggest first sending the DV, which is more comprehensive.  If they verify (which is highly unlikely), then you can decide whether you want to pay it or send them a cease communication letter, and forget them.

Message 2 of 2
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.