logo

Debtconsolidationcare.com - the USA consumer forum

Repossession, negotiate with original creditor or collection agency?

Date: Wed, 05/06/2009 - 07:44

Submitted by anonymous
on Wed, 05/06/2009 - 07:44

Posts: 202330 Credits: [Donate]

Total Replies: 7


Thank you for your help! My car was repossed in 2005 by World Omne, sold at auction, and I owed $5800. This was a loan that my grandmother co-signed so that I could get it. I made some payments and got the total down to $2300 and then stopped paying in 2006. The account has been sold to Mercantile Collections. They recently contacted me in March about the debt. I requested a letter of validation, which they provided. I also disputed the original World Omne account with the three major agencies and it was verified. I have a little bit of money, up to $1000, to settle this debt but I want to do it in the most beneficial way possible to my credit score. My grandmother's score is not an issue (not to sound heartless, she is in a nursing home now and while I want to impact her score as well, it's somewhat of a non-issue) I do not have any assets but she owns her home. Can you recommend my approach with the collection agency? They sent my debt validation letter on March 26, 2009. My credit score is around 590 and I really need to improve it, please help :) Would it be better to go to the original creditor?


Have you ever settled any accounts within the past 7 years? If you have then it won't hurt your credit as much. If you haven't then it could impact your score negativly by up to 100 points.

does the current owner even report to the CBR agencies? You could attempt to negotiate for them to remove the report, report it as paid, or report as paid as agreed. If they won't do either of those then it may report settled.

Personally I think t he quicker you get it done the better.


lrhall41

Submitted by FYI on Wed, 05/06/2009 - 08:06

( Posts: 1950 | Credits: )


Thanks for your reponses!!! I posed this question and then called the original creditor. Here are a few additional facts. I am in Florida. My credit report say the balance date is Feb.2005, but as I said, I made some payments until June of 2006. I am even more confused (sorry) after reading the responses and talking to the original creditor. The original creditor says that they still own the debt, and the collection agency is just representing them. She said, because it is not an assest, that the agency did not purchase my account for pennies on the dollar. If that's the case, they will be extremly unmotivated to neogtiate a low settlement with me. I am not sure if the current owner, Mechantile Collections, reports to credit bureaus. I will find out. I am not sure how to answer the quesiton "WHAT MONTH IN 2005 WAS THE DEFICINCY BALANCE REALIZED?" I can tell you that the car was sold at auciton in of February 2005 and I was notified of the blance in March of 2005. Also, I have never settled accounts in the last 7 years, as another poster asked, but I have lousy credit. Lots of minor unpaid items (medical bills less than a $1000 for example), one crecit card charge off for $1000, and this repossession. I do have some positive credit, a current car loan of 2 years on time, student loans on time, etc.


lrhall41

Submitted by on Wed, 05/06/2009 - 08:43

( Posts: | Credits: )


From what I can determine, SOL has expired and your payments in 2006 would not have reset it unless you made a written acknowledgment of the debt and a written promise to pay.

http://www.flsenate.gov/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0095/Ch0095.HTM


lrhall41

Submitted by NASCAR_Devil on Wed, 05/06/2009 - 09:05

( Posts: 4671 | Credits: )


so the SOL has expired? I do not remember (up to 99% sure) putting anything in writing that would reset the clock. But cna you clairfy what this means? If the SOL has expired, it means they can not get a judgement, correct? But how does it effect the credit report? I am working diligently on repairing my credit. How does an expired SOL affect the reporting to the credit agencies at all?


lrhall41

Submitted by on Wed, 05/06/2009 - 09:21

( Posts: | Credits: )