[IC Anonymous]

Hi, I haven't been a member here long but I do belong to a few other forums and thought I would ask for opinions here. This group seems to be a little more aggressive so I wanted to see what you guys thought.

I have a repo on mine and my husband's CRs from FMC.
Repo was in 2003 in TX and was not done properly (did not receive the proper notices, intent to repo, notice of sale, ect). It was an 8K car that they turned around and auctioned off for less than half that price. The amount on the CRs is for a little over 6K.
FMC has never tried to contact us since the repo. Just recently FMC sold this acct to Midland.
Midland hired a local lawfirm to send us a collection letter. Midland is not licensed or bonded in my state (now in WA).
Immediately sent a specialized DV (requesting proof of proper notices, sale, ect) to FMC, the original dealer, Midland and the lawfirm. The only response I received was from FMC. They sent copies of all of the notices that they supposedly sent us in 2003. They were all sent to the wrong address (old addresses) and they have no proof that we ever received these notices (no CMRRR signatures).

In the DV I gave them 15 days to send me info or I would consider the matter closed. Once the time was up, I disputed FMC and Midland with the CRAs (Midland is only reporting on hubby's CRs - which by the way, I already have several violations added up on them just for the way they are reporting it)

FMC has come back verified with all of the CRAs. Still waiting on the results from the disputes for Midland.

Ok.....sorry so long but I felt like you guys needed the background.

My question is...........since we were never properly notified by FMC.............and it doesn't appear as though they have any proof, does anyone think it would be a bad idea to send FMC and ITS (and follow up with filing suit if no response). I have read others that have gone through this and it seems like FMC will just probably keep verifying no matter how I dispute it.

I feel if I get aggressive with them...........maybe they will back down and remove it from my reports since it would cost them more to go to court when they have no solid proof that the repo was done legally. I feel like if they could have sued us, they would have already done it by now.

Any thoughts?

[jlynn]

[quote=IC Anonymous;19243] Repo was in 2003 in TX[quote] What's the SOL on something like this? I suspect in TX you are getting very close, thus the activity.

Midland hired a local lawfirm to send us a collection letter. Midland is not licensed or bonded in my state (now in WA).

Midland isn't directly collecting. Read Finance Code carefully, local firm may or may not have to be bonded.

Immediately sent a specialized DV (requesting proof of proper notices, sale, ect) to FMC, the original dealer, Midland and the lawfirm. The only response I received was from FMC. They sent copies of all of the notices that they supposedly sent us in 2003. They were all sent to the wrong address (old addresses) and they have no proof that we ever received these notices (no CMRRR signatures).

Was that the address they had on file for you at the time you owned the car? I'm very rusty on TX secured contract law - do they have to be sent certified?

In the DV I gave them 15 days to send me info or I would consider the matter closed.

That's all well and good, but I wouldn't take that argument to court - you'll lose. At a minimum, a CA has 30 days to respond under Finance Code law, and FMC is an OC, and the local dealer has no responsibility. Did you ask them in your DV to delete the TL if they could not validate?

My question is...........since we were never properly notified by FMC.............and it doesn't appear as though they have any proof, does anyone think it would be a bad idea to send FMC and ITS (and follow up with filing suit if no response). I have read others that have gone through this and it seems like FMC will just probably keep verifying no matter how I dispute it.

Sue Ford for what? They aren't collecting, they aren't a 3rd party collector, and if you are talking FCRA, is what they verified reporting correctly?

As far as an illegal repo - that door may still be open - I personally just don't know.

[IC Anonymous]

[quote=jlynn;19252][quote=IC Anonymous;19243] Repo was in 2003 in TX

What's the SOL on something like this? I suspect in TX you are getting very close, thus the activity. Under UCC it is 4 years for a legal repo/2 years for illegal repo.

Midland isn't directly collecting. Read Finance Code carefully, local firm may or may not have to be bonded. It is a collection lawfirm and they are licensed and bonded here in WA.

Was that the address they had on file for you at the time you owned the car? I'm very rusty on TX secured contract law - do they have to be sent certified? Not sure if they would have to send it certified.....hmmm.........how would I go about finding that out?
Yes, the addresses they sent the notices to were the old addys they had on file when we purchased the car. One, we never lived at (and told them this prior to the repo) and the other was a legit previous address. We moved and forwarded our address - the NEW address was where they actually repo'd the vehicle but notices were never sent to that address.
That's all well and good, but I wouldn't take that argument to court - you'll lose. At a minimum, a CA has 30 days to respond under Finance Code law, and FMC is an OC, and the local dealer has no responsibility. Did you ask them in your DV to delete the TL if they could not validate? I will post below the letter that I sent them. FMC did respond but Midland/lawfirm never responded. It has been well over 30 days now.

Sue Ford for what? They aren't collecting, they aren't a 3rd party collector, and if you are talking FCRA, is what they verified reporting correctly? This is what I am trying to figure out and why I am questioning this. I am usually pretty passive with credit repair for the most part but with this I am just tired and frustrated. We are desperately trying to get a home and I just want them off of my report. I am willing to get more aggressive on this if I need to.

As far as an illegal repo - that door may still be open - I personally just don't know.

This was the DV letter that I sent:

I am writing in regard to the above referenced accounts and transactions.
This is not a refusal to pay, but a notice that this account is disputed.
This vehicle was repossessed by Ford Motor Credit in the State of Texas on or about, 08/20/2003, and resold on or about 11/12/2003.
Under the laws of the State of Texas UCC § 9.506 and State RISA and MVISA statutes a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and cure time limits were adhered to.
Please provide copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject
If no such proof is provided within 14 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA.
In addition, if you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes and UCC § 9 remedies.

Sincerely,
Me

[drivel]

Ehh, ok.

If you really want to scare them, explain to them why the repo is not valid under TX law asking for specific documents required to undertake a good ole texas repo.

Send me copies of this, this this and this.

This wasn't an F-150 was it?

[JayinGR]

Ok well from past experience with FMC and EX in this area FMC will not back down and unless you have a mountain of violations DO NOT SEND THEM AN ITS...Do as drivel says...

[IC Anonymous]

Ok.........I will try that. No ITS then. Thank you everyone for your replies.

And no........lol............we are not "big truck" kinda people.......it was just a car.

[drivel]

Originally Posted by JayinGR

Ok well from past experience with FMC and EX in this area FMC will not back down and unless you have a mountain of violations DO NOT SEND THEM AN ITS...Do as drivel says...

D.A.D.S. "do as drivel says"

I like it.

[spinn]

And if you have to sue......ask for a jury!!!!

(Joking in reference to my other thread..........where I clearly won the debate)

******In all seriousnees I wish you luck with this one...sounds like a mess

[jlynn]

Whoopsy - I didn't catch that you were now in WA - everything I said assumed you were in TX now.