Debtconsolidationcare.com - the USA consumer forum

Collection after Repossession

Date: Thu, 02/22/2007 - 05:53

Submitted by samedc
on Thu, 02/22/2007 - 05:53

Posts: 4 Credits: [Donate]

Total Replies: 12


Some how this just doesnt seem fair. I have a mark on all three credit reports from DTCREDIT. After my divorce, my credit was in bad shape. This was one of the only placed I could find to finance me and it wasnt the best car or the best loan, but I was desparate and they knew it. To make a long story short, about 8 months into my loan, I was laid off from work and was unable to make payments and the vehicle was repossessed. From what I have gathered, the car company sells the vehicle for whatever they can get for it and sharged me for the remainder of the loan. Now I have a $6600 dollar debt on my CR and I do not own that vehicle. Is this right? Is that how the system works?

Thanks for any help and I hope I have posted this in the correct forum.


"Fair market value" also depends on the condition of the vehicle, which in my experience, most repos do not come back in very good condition. When a car goes to public auction, you can't contest how much it is sold for, since it was a sale held in and among the public -- The public paid what they thought it was worth.

If it was a private sale auction, you can request to see the bids. Lenders are required to obtain at least 3 bids in a private sale, and they must sell the car to the highest bidder.

Also blue book is retail value. A car will generally resell at auction for around black book / rough value.


lrhall41

Submitted by DebtCruncher on Thu, 02/22/2007 - 07:21

( Posts: 2293 | Credits: )


So the basic sentiment I am hearing here is that this is how this situation works and I have to deal with it. Not a problem, but I was just unsure of how this worked. Kind of seemed unfair, but I will deal with it.
On another note.....
I have received a notice from a CA stating that they have purchased the debt, but on my CR it still list the dealership as the creditor. Who do I deal with?


lrhall41

Submitted by samedc on Thu, 02/22/2007 - 07:40

( Posts: 4 | Credits: )


Yes generally they need to send a notice of intent, and give you a 21-30 day redemption period to redeem the vehicle before they can sell it. They usually need to mail their notice regular and certified RRR.

Anytime after that redemption period, it is fair game to sell it at either public or private auction. In some states, I think they can even pass the costs of bringing it to auction onto the debtor.

After they sell the vehicle, they also are required to send you an accounting of the sale, showing how much they sold the car for and any deficiency balance you owe. You may have a point of contention if they never mailed you this notice.


lrhall41

Submitted by DebtCruncher on Thu, 02/22/2007 - 08:21

( Posts: 2293 | Credits: )


You mentioned it was 2-3 years ago. Keep an eye on the statute of limitations as well. They have to sue you and win to keep a judgment alive for the deficiency. If they fail to sue within the time allowed by law in your sate, and sometimes they do, look for the account to be turned over to a third-party debt collector.


lrhall41

Submitted by texaslawyer on Thu, 02/22/2007 - 16:28

( Posts: 258 | Credits: )