Law Office of Bennett and Deloney
Date: Sun, 01/18/2009 - 20:39
My husband got throat cancer about 12 years ago. About 6 years later he started feeling better and we bought him a vehicle. A few months after the purchase, his health went downhill and we contacted Bank of America and told them we could not afford the vehicle anymore. They told us to drop it off at a bank near us and then the following day they sent a truck to get the vehicle.
After about a year, the bank started calling asking for the balance of the note. After a number of calls, they stopped contacting us. About a year ago, we attempted to file for bankruptcy. It seemed that the attorney contact all our creditors and then told us he couldn't help. We didn't receive any calls, from anyone, until last week.
My husband received a call from the Law Office of Bennett and Deloney in Utah. They were looking for me and he told them I was not home and I would call them back. My husband asked if this call was related to Bank of America and he was told no.
When I called them back, I explained who I was and was immediately told this call was related to BofA. They say we owe over $7,500, but we have two options. We could pay a settlement amount of $6,000 or make monthly payments of $756 at 23.9% interest. They also said they were ready to have my wages garnished if I didn't agree to one of the options. In the middle of this conversation I was told that the call was being recorded.
Wasn't it entrapment when we were told the call didn't relate to BofA when it really did and don't we have to be asked if the call can be recorded as opposed to telling us it is being recorded?
After about a year, the bank started calling asking for the balance of the note. After a number of calls, they stopped contacting us. About a year ago, we attempted to file for bankruptcy. It seemed that the attorney contact all our creditors and then told us he couldn't help. We didn't receive any calls, from anyone, until last week.
My husband received a call from the Law Office of Bennett and Deloney in Utah. They were looking for me and he told them I was not home and I would call them back. My husband asked if this call was related to Bank of America and he was told no.
When I called them back, I explained who I was and was immediately told this call was related to BofA. They say we owe over $7,500, but we have two options. We could pay a settlement amount of $6,000 or make monthly payments of $756 at 23.9% interest. They also said they were ready to have my wages garnished if I didn't agree to one of the options. In the middle of this conversation I was told that the call was being recorded.
Wasn't it entrapment when we were told the call didn't relate to BofA when it really did and don't we have to be asked if the call can be recorded as opposed to telling us it is being recorded?
How long ago was this? What state do you live in? Most states
How long ago was this? What state do you live in? Most states use the UCC SOL of 4 years for repos. The SOL begins when a deficiency balance is realized after the vehicle has been sold at auction. They have 4 years from this date to take legal action against you.
