sending in certified letter vs. talking on phone
Date: Thu, 05/04/2006 - 10:09
pardon me if I am unsure of exact dates...we had flood damage that ruined most important docs. that I had record of....and with most of these dates streching back nearly 5-7 years ago...I am doing my best with what I can remember.
My husband purchased a vehicle in the later part of 1998....we made payments on this vehicle for less than one year. At which time we turned the car back over to the creditor (Union Acceptance Financial). I had a disability that prevented me from working and we could no longer afford the high payments. At that time they (the attorney's office for Union Acceptance-Linquuist and Trudow-) tried to work out payment arrangements to lower the amount due. We still could not afford those payments....this led to a repossession of the said vehicle.
Nothing was heard from this company until we began to purchase a new home in Aug of 2002. Due to the fact that I was naive and able to be strong handed by this agency. I agreed to make payments. I did not request any paperwork...nothing...I was making blind payments to a blind agency. I agree to make a down payment of 142.00 that would be electonically taken out of my checking account. And there after a payment of 71.00 on the 11th of every month there after. The down payment went through on August 11, 2002. In Sept. and October my checking was drafted for 71.00. Then without any notice the withdraw for payments stopped. I did not hear anything from the company until roughly 2 years later. The rep. had tried to get me to start making payments again....this time I was alittle smarter....She had told me that they have no record of any payment being made on this account at all. I told her that I did have proof that I had made payments, but did not disclose how much and for how long. With no information in their records they accepted my word that I had made 41 payments of 71.00 and that my balance should be $7077.12. She asked me to send in the info that I had to prove this. So I sent in a copy of a bank statement that showed a draft of 71.00 and a cover letter (hand written by me) stating that I made these 41 payments and what my balance should be. I faxed this over. And this was the last I heard of them until Yesterday, May 3, 2006. They tried all the tactics that they could. Once again they told me that they have no payment history for me. Didn't work....I shouldn't have even talked to them.
I told him that I would contact him at another time after I have spoken to my husband in regards to the amount that they say I owe.
Now, that I have done my due diligence and more research....I have learned much.
I will no longer correspond with them over the phone. I by written certified correspondence am requesting correspondence my mail only. And I am now requesting the following items from the company:
-Any and all conversations/notes on said account
-Original contract with Union Acceptance
-A dated default letter for Union Acceptance on the original loan.
-Original loan amount still owed at time of default
-Itemized break down of amount now owed with interest and fees accrued either by the Origial Creditor (Union Acceptance) and by Trilogy Capital Management (the collection agency)
-Any and all payment history with Linquist and Trudow (attorney's) and Trilogy Capt. Management (collection agency)
-The date that Trilogy Cap. Management acquired this said account.
Now, with all that said....Please forgive the length...I thought it would be best to include as much info as possible.... Is there anything else that I need to do...or need to know....I know that the SOL on this for TEXAS is 4 years. This is why I am requesting information of payment history with them so that I can accurately determine within their system of when that 4 years will arrive. My husband is currently pulling his bureaus....so that we can see exactly what it says.....
Any advice is greatly appreciated before I move forward with this.
Hi As you have proof of your last payment being done in Octob
Hi
As you have proof of your last payment being done in October 2002, this debt is perhaps within the SOL period. Now, the thing that is most important is you need to get the accurate details of the account before making further payments. The attorney also has to show you copies of contract signed with Union Acceptance. This will prove that the attorney has the legitimate details of your account and your money will be going to the right place.
You have learned everything very nicely and at the right time. Now, I am sure the CA can't make any more money from you. Moreover, since you have the proof of your payments made (and they don't have it in their system), you have a case against them for misrepresenting your account. You have placed yourself very strongly. Go ahead! My best wishes are with you. :)
thanks.....would you say that it is my legal right to acquire th
thanks.....would you say that it is my legal right to acquire those certain docs. that I have mentioned earlier before I move on with this in any way?....are there any other docs. that I can legally request?.....basically saying....I want every shred of information that I am leagally able to obtain in regards to this account.
It is your legal rights to request for the details of the accoun
It is your legal rights to request for the details of the accounts. You need to make sure that the company is making a genuine collection attempt. If I had been in your place, I would also have requested the same piece of information before making a payment. I would have liked to confirm that my money is not going wasted.