Disputing OC
Date: Sat, 01/09/2010 - 18:02
The vehicles were both sold in auction back in late '04. We've received letters and calls since to get us to pay the remaining balance. However, I haven't. I've always asked them how they could refuse the payment before repo'ing and then want us to pay NOW. Plus we've received NO information on the sale of the vehicles, just what they say we owe.
About 30 days ago I sent a letter to the OC asking them for any sort of information. Telling them that we need proof of the debt and the remaining balance of the acct. In summary, they replied with the date we first opened our account with them (not the date of the vehicle purchases). They also said they refused to "comply with our request". On top of that, in the letter I told them not to contact us during the 30 day time period and asked them not to post on our credit until this can be resolved. They did both. My husband never answered their call but has their message still on his voicemail. Oh, and we have disputed twice with the CBs and they corrected the fact the one vehicle was 90 days late like they had on our report for 4 years (because it wasn't). But that's the only change they have.
So now what do I do?? How can they not provide ANYTHING? To get the information they gave us they can just look at what's posted on our credit report.
Plus, does anyone know the SOL of repo'ed vehicles under AZ law? I've been trying to confirm that they are subject to UCC law with a SOL of 4 years. We now live in NM so I don't know if that would change much with the UCC SOL.
Thanks for ANY help I can get! It's SOOO frustrating!
from what I see if the OC is not in Arizona, the SOL is 4 years
from what I see if the OC is not in Arizona, the SOL is 4 years and if they are in AZ it is 6 years for a written contract.
For UCC it is 4 years, http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/47/02725.htm&Title=47&DocType=ARS
Here is the complete list of laws for UCC.
I'm sorry, but that confuses me. I've seen the links before but
I'm sorry, but that confuses me. I've seen the links before but they don't really answer what I'm looking for.
To me what I'm reading on the AZ state site says "An action for
To me what I'm reading on the AZ state site says "An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it."
Am i reading this wrong? It sounds like after the breach of the contract (repo'ing the vehicle?) that they had 4 years to pursue us for the remaining balanced. Is this right? I want to send a letter back to the bank and tell them where they can put it but want to make sure all my documentation is correct first.