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Have to give a unit back - demand letter not sent.

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  • 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?
    Tim Aguilar
    Consumer Mortgage Company
    Collections Manager
    4608 Nolda
    Houston, Texas 77007
    Office - 713-802-2222 ext 105
    Fax - 713-715-7497

  • #2
    Whole thing sounds shady. Good luck.

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    • #3
      first i'd FIRE your attorney cause he's a "debtor" friendly

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      • #4
        Originally posted by Bryan/Faith Financial View Post
        first i'd FIRE your attorney cause he's a "debtor" friendly
        I second that motion.
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        Click here

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        • #5
          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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          • #6
            Originally posted by Bryan/Faith Financial View Post
            first i'd FIRE your attorney cause he's a "debtor" friendly
            Absolutely agree!

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            • #7
              1 more vote to fire the atty.

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              • #8
                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.
                Last edited by assetadjusters; 08-05-2011, 08:11 AM.
                I walk through the Valley of Darkness and Fear no evil on a daily basis.

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                • #9
                  Hmmmm, this sounds like something we went through. Lender went to court and won.
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                  • #10
                    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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                    • #11
                      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.
                      I walk through the Valley of Darkness and Fear no evil on a daily basis.

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                      • #12
                        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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                        • #13
                          Too late......I had to repo it again.
                          I walk through the Valley of Darkness and Fear no evil on a daily basis.

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                          • #14
                            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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                            • #15
                              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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