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Old 08-03-2011, 11:09 AM   #1
Finance2011
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Default Have to give a unit back - demand letter not sent.

I have a question. We are a second chance finance company in Texas - I ordered the repo on a 2007 Mercedes - repo compnay picked up -- debtor got an atty - debtor's atty requested demand and acceleration letter - one of the clerks "failed" to send out, so I could not provide - we have a retained atty but he is pro debtor. Debtor's atty send a letter indicating that debtor is his contract paralegal and a Realtor. I checked with TREC, and debtor is not a realtor as her atty indicates in his letter to us. Any loop holes on this issue that anyone in Texas can direct me too?
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Old 08-04-2011, 12:11 AM   #2
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Whole thing sounds shady. Good luck.
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Old 08-04-2011, 09:53 AM   #3
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first i'd FIRE your attorney cause he's a "debtor" friendly
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Old 08-04-2011, 09:59 AM   #4
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first i'd FIRE your attorney cause he's a "debtor" friendly
I second that motion.
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Old 08-04-2011, 12:48 PM   #5
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Any attorney that doesn't think you're innocent and is willing to argue it to the bone... Shouldn't be your attorney.
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Old 08-04-2011, 05:49 PM   #6
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first i'd FIRE your attorney cause he's a "debtor" friendly
Absolutely agree!
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Old 08-04-2011, 09:18 PM   #7
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1 more vote to fire the atty.
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Old 08-05-2011, 07:44 AM   #8
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Welcome Tim.

Good to see over here.

First, I'd like to say that I dont' think your attorney is being pro-debtor. What I think is that he quickly realized that the girls in the front messed up. They didn't send out that legal letter......It was a clerical mistake that has put everyone in a uncomfortable position. I think he saw the mistake and not didn't want to put Consumer in an even worse spot and/or to make matters worse he advised you to return the car. Not a popular answer....but the right thing. Your attorney is actually quite good.....I've seen him pull you out of some sticky situations. I just think you weren't pleased with his response. My advise.....let it go. I think he did the right thing. He's was trying to keep Consumer out of court. No point in picking a fight if you already know what the outcome is gonna be.

Secondly, emotions were running high with this account from its infancy...she pissed you off and vise a versa. Hell everyone was mad for something. God knows, she wasn't on my list of favorite debtors.

The TREC thing [for those out of state forum junkies] [its the Texas Real Estate Commission] isn't really important at this point. I've thought about it and at the end of the day, it really doesn't matter. Does it matter if she is a realtor......Not really. The leg she's currently standing on is her attorney found something wrong with your paperwork....and exploited it to max.

The car has sense been returned........It totally sucks to have to return a total skip. If I had to sum up this account.....This is one of those anything and everything could go wrong accounts....I hate em. I shake my head and wonder how on earth could one piece of paper carry so much weight. Seriously? It totally sucks how everything worked out for this lady.

And, nothing for you.

The bright side of this account is.

The account is completely current.....You've sent a serious wake up call to this gal. And, I seriously doubt you will ever hear a peep out of this debtor again. After all the BS she went through and money she paid......I'm one hundred percent sure that her attorney had a little heart to heart and advised her she won't be that lucky the second time. That, he won't be able to deliver that punch like before. That there won't be a next time. Ya know.

Now, if this lady does come up again....I'm telling you for real the starting number for this car to be picked up is gonna be a grand.

Welcome to repoindustry.
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Old 09-08-2011, 08:23 PM   #9
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Hmmmm, this sounds like something we went through. Lender went to court and won.
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Old 09-09-2011, 01:09 AM   #10
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Good thing its current now, I would have returned unit with two hidden GPS units, send letter same day after returning the car if account not current get the car picked up. If brought current just wait first day they are behind send letter and as soon as you can pick the car up!. Good thing to know everything got solved.
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Old 09-09-2011, 03:21 AM   #11
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She's a reborn Christian. She actually walked into his office two weeks ago and paid 3500 dollars.

She's not trying to get twisted up with Consumer again.
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Old 12-02-2011, 02:22 PM   #12
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Quote:
Originally Posted by AssetRecovery View Post
Good thing its current now, I would have returned unit with two hidden GPS units, send letter same day after returning the car if account not current get the car picked up. If brought current just wait first day they are behind send letter and as soon as you can pick the car up!. Good thing to know everything got solved.
Agree100%
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Old 12-02-2011, 03:20 PM   #13
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Too late......I had to repo it again.
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Old 12-02-2011, 03:24 PM   #14
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If a state law says you send a pre-repo letter, which many states do, and you pick up the unit without sending it and don't get caught thats good. If the debtor gets an attorney and he checks case law he will win 999 times out of 1000, there are to many case laws in those states that require pre-repo letters where the debtor wins and hits the financial company with a money judgement for conversion and loss of wages etc. They will usually end up owing nothing for the car and enough cash for a years gas.
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Old 12-14-2011, 09:51 AM   #15
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I call bull no laws that state letter needs to be sent ..... This is Texas tell him he don't live with mom any more
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Old 12-14-2011, 09:34 PM   #16
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I call bull no laws that state letter needs to be sent ..... This is Texas tell him he don't live with mom any more
Yeah....Because that is going to work....smh... There are actually laws to this effect in a few states.
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Old 01-28-2012, 07:22 PM   #17
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Wow sounds like a cluster bomb! My question is this... The debtor cant make a payment on the car obviously over 90 days? Yet had the money to get a lawyer ( I know no lawyers work contingent on this type of work) then plops down a 3500 payment! Wow that is just bazaar! We deal with people all the time scamming or that problem customer everyone has.. My favorite is the lady trying to sue us because she had rare artwork worth 4 million in the trunk of a 01 Nissan Altima 300 days past due major skip...

It wows me people have balls to sue and work the system when they dont make a simple payment.


Hope your problems with her are done!
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Old 07-27-2012, 10:51 PM   #18
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This is something I don't understand.

Pawn Shops take your item, and give you a loan. They have security.

Car dealerships give you a car, and give you a loan on the car. You basically have no security.

Yet (here in Missouri) you have to wait 10 days after a payment is late, then send a 20 day notice. Then after the repo has taken place you have to give them another 10 days for notice of sale. That's 40 days. I'm not Donald Trump, 40 days is a long time. And frankly, giving them a 20 day notice to destroy my vehicle is crap, I can understand a 10 day grace period. Payment is due on the 1st, nothing comes by the 10th or 11th, you go and pick it up. But let them know you're going to take it back so they can hide it? Idiotic.
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