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Auto Loans and Repossession Creditor actions following late payment or default on motor vehicle loans.

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Old 05-28-2008, 09:49 AM
jobethstone jobethstone is offline
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Question How Long Can They Wait Before Notifying You On A Repossession Loan
My question involves an auto loan or repossession in the State of: North Carolina....My dad had a car that he defaulted in over 5 years ago....The paper work he signed said the repo company had 90 days to inform him of the disposition of the car...This was in 2003...he never heard from them, didn't move, none of the usual. He called them AFTER the 90 days was up and they said the car was sold at auction....
NOW 5 years later----Last august this company started harrassing him on the phone about $8000 he suppossedly owes on this car. He had a lawyer check it out at first because the name of the company was one he had NEVER had a loan with. According the lawyers finding there are two (2) VIN #'s for this vehicle and there are some other shady elements about this car....Now coming up on June of this year they have harrassed my dad so much that he is ready to start making payments... Even tho I've told him he should NOT sign or pay anything until he speaks with a lawyer. Help me help my Dad..PLEASE!!
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Old 05-28-2008, 10:33 AM
LawResearcherMissy LawResearcherMissy is online now
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Default Re: How Long Can They Wait Before Notifying You On A Repossession Loan
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Even tho I've told him he should NOT sign or pay anything until he speaks with a lawyer.
You are correct.

You mention that he has already engaged the services of an attorney. What did that one tell him about the situation?

Something is missing here, I suspect knowing what the other attorney told him may help fill in the blanks.
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Old 05-28-2008, 11:49 AM
jobethstone jobethstone is offline
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Default Re: How Long Can They Wait Before Notifying You On A Repossession Loan
I was mistaken (Dad contacted the lawyer about this 2003)

He does not have the money to continue with the lawyer and the one he talked to about it did a lot a research on the car and found the discrepincies (sp?) on the title...two different VIN #s and 2 different colors on the title (not that you can't paint it) .

Other than that the lawyer sent him copies of all the letters sent to and from the loan company saying that he "indeed has buyer's remorse" and was not at fault due to illegal actions by the car dealership...

Also my dad tells me that this car was NOT on his credit report last year when he refinanced his house, but REAPPEARED on his credit report when he went to refinance a new car (this past August).

the lawyer told him to stop making payments and return the car and cancel the contract which HE did!

There is some discrepency with the car dealership about which car he was supposed to be buying...
Also in the paperwork from the Legal Aid department that decided to drop the case (for unstated reasons) the lawyer said that he could be sued by the loan company, but claim state "exemptions" and thereby "judgement proof"...

I am fowarding my dad a link to this forum...
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