     Shy Guy (Shyguy) | Thursday, February 08, 2001 - 09:41 am 
After my Chapter 7, I still made payments to Primus to keep my leased car. But I leased a new car early (thanks Ford Credit!) and turned my old car in one month early.
Primus said any payments I made were voluntary, so I figured I could turn the car in early. Well, I got my Experian report a couple of days to see that Primus had updated my account read "Included in BK, repossession." But my car wasn't repossessed. When I called Primus to say I was going to turn the car in early (heck, I only skipped the final month's payment, and Primus kept a $3,000 security deposit on the car) did anyone say it would be considered a repo.
And TransUnion, which I received yesterday, doesn't even mention the BK, saying repo and past due $3,500.
Finally, the reason I disputed the account to the CRAs to begin with was because Primus was reporting I was $500 past due. But I wasn't. Primus cashed a $977 check for $477. I noticed it on my checking account statement and called my credit union, which sent the $500 to Primus. But Primus never acknowleged my honesty and continued to report I shorted the company $500.
Boy, do I feel dumb about that.
So, is this a repo and what do people think the best way to challenge this is? |
| Christine Baker (Admin) | Wednesday, February 14, 2001 - 07:01 pm
Wow! How long ago was your bankruptcy?
The dates are the most important here. If you have a lawyer and good documentation, sue! It's not your fault that "whoever" misread the check unless your "ninehundred" looks like "fourhundred."
Of course there's NO excuse for not acknowledging your $500 payment.
This is what I call predatory lending. They know you are/were broke, you have the bankruptcy, and subsequently you have no rights because you can't afford an attorney.
Unless you do have the $$$ for the attorney, file complaints with whoever regulates Primus and maybe in Small Claims.
It's really important to get the repo off your credit unless you just discharged. Even then the repo might lower your scores even further. |
| Shy Guy (Shyguy) | Thursday, February 15, 2001 - 06:28 am
I filed last January and was discharged in April. The "voluntary" payment was a couple of months after discharge. This paid me up through the final month. But then I decided to lease a new car and not make the payment for the final month, which I was told was voluntary. So I turned the car in early.
Of course, during this time -- because of the Chapter 7 -- I never received a bill from Primus. I would mail a payment each month to an address I got by calling the 800 number. Usually I would take to the bankruptcy department.
I guess I have documentation. I can get copies of my check and my bank statements. As for the check, I always thought the words part (where I wrote out "Nine hundred ..." had as great or greater legal significance than the numbers.
I do want the repo removed, though I wouldn't trust my BK attorney with this. (If I had to do it over, I would have researched BK attorneys more.)
PS -- Glad to see you back. Hope your trip was enjoyable. |
| Christine Baker (Admin) | Thursday, February 15, 2001 - 11:53 am
Had a great time in the desert, and caused only minor damage to the truck. Just always have to see how far and where the roads go ...
As far as that repo, you didn't say what the results of your disputes were, are they pending?
You really should be able to have the repo removed. |
| Shy Guy (Shyguy) | Friday, February 16, 2001 - 05:10 am
I disputed them for saying I was past due $977 -- $500 for the screwed-up check problem and $477 for the lease's final month. The results:
Equifax -- deleted
Experian -- Repossession/included in bankruptcy, balance $0 (yes, both!)
TransUnion -- Repossession, past due $3,400 (no mention of BK)
I just got these results the other day, so I guess I'll be disputing again. BTW, Experian included a note on my report saying something to the effect of "we've already investigated everything on your report, so don't bother disputing anything with us again and contact your creditors instead." I thought this was pretty cheeky considering all of the wrong info (verified, mind you) still on my Experian report. |
| Christine Baker (Admin) | Friday, February 16, 2001 - 09:23 am
I agree with Experian that you shouldn't bother to dispute again. *I* would sue Primus and possibly subpoena TU and Experian.
The outcome will depend on YOUR Small Claims rules and where you and Primus are located. And of course it'll depend on the judge, if it ever gets there. But I don't see how he could not rule in your favor.
The only question is the DOLLAR amount of your claim. If you ask for several thousand dollars, it'll get their attention and they will most likely either settle prior to court or show up. Unless they can appeal your default judgment (varies by State.)
Of course it would be better to go to REAL court where you can get damages, but if you're as legally challenged as I am, you'll need a LAWYER. And all the lawyers I've talked with want MONEY.
If BayHouse had enough ad income to pay a lawyer, that would be a nice "special project." |
| Christine Baker (Admin) | Friday, February 16, 2001 - 09:31 am
What I don't understand at all is the $3,000 security deposit. Did they keep it because you didn't make the final payment? Or was the car damaged? |
| Shy Guy (Shyguy) | Friday, February 16, 2001 - 09:46 am
Can't say for sure. They never sent me anything about why. The only correspondence I ever received after the BK was a letter saying they were going to auction the car and I had x number of days to claim any personal goods I might have left in it. (The part about owing the difference between residual value and auction price was crossed out.) I was never given a final accounting of the account.
A Primus rep told me once the lawyers won't let them make written contact with customers after a BK, though they did call me a couple of times. They were always professional to deal with on the phone.
I can find and probably afford a lawyer if it comes to that. Unfortunately, living in Jersey, I am finding lawyers are often necessary. Thanks, though. |
| Christine Baker (Admin) | Friday, February 16, 2001 - 10:15 am
I'd sue for the $3k, don't know a thing about Jersey Small Claims. |
