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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Default Am I Liable for Deficiency Balance if Letter Mailed to Wrong Address

    I live in Mass. I voluntarily gave my car back to the bank in 2010. Americredit (lender) sent the deficiency letter to wrong address. A few months later they started to call me to collect on the debt. I verified with them and they sent the letter to mattapoiset and not mattapan where I lived. The calls stopped. Fast forward two years and general motors is calling trying to collect on this debt. It's on my credit report, but it does not say repossession. GM stopped calling me on the debt also. It's now 2013 and I have not been taken to court. I'm wondering if its because I never received the deficiency letter within the first 30 days of the sale? The amount of the debt has grown as well.

    The deficiency letter was sent to Address: W SELDEN MATTAPOISETT, MA 02739-

    My correct address at that time was Address: W SELDEN ST MATTAPAN, MA 02126-2405

    This is how it apears on my credit report
    GM FINANCIAL Address: PO BOX 181145 ARLINGTON, TX 76096 No phone number available
    Account Number:
    Address Identification Number: Status: Account charged off. $10,188 written off. $5,707 past due as of Jun 2013.
    Status Details: This account is scheduled to continue on record until Sep 2016.
    Date Opened: 05/2008 Reported Since: 06/2008 Date of Status: 03/2010 Last Reported: 06/2013
    Type: Auto Loan Terms: 75 Months Monthly Payment: $0 Responsibility: Individual
    Credit Limit/Original Amount: $15,921 High Balance: NA Recent Balance: $5,707 as of 06/2013 Recent Payment: $0
    Payment History:
    Account History: Voluntarily Surrendered as of Mar 2010, Feb 2010 Charge Off as of Mar 2010 to Jun 2013 60 days past due as of Feb 2010, Jan 2010, Oct 2009 30 days past due as of Dec 2009, Sep 2009, May 2009 to Jul 2009, Oct 2008, Sep 2008

    I believe they violated the fair debt collections practices and I should not be held liable for this debt. Any insights on this?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Am I Liable for Deficiency Balance if Letter Mailed to Wrong Address

    By "deficiency letter within the first 30 days of the sale" do you in fact mean a pre-sale notice warning you of liability for a deficiency?

    Their duty to notify you of a deficiency sale does not arise under the FDCPA, and further nothing in the FDCPA allows you to escape liability for a debt. The FDCPA gives you a potential claim or counterclaim against the collection agency, but doesn't change the fact that you owe money. Also, the FDCPA does not apply to in-house collections.

    The defense you hope to raise, I expect, is that a creditor's failure to comply with MGL Chpt. 255B, Sec. 20B and, in association therewith, the mandatory notice requirements of RISA and UCC §§ 9-613 and 9-614 renders it potentially liable for statutory damages pursuant to MGL Chpt. 106, Sec. 9-625. If the deficiency was less than $2,000 you may also have a remedy directly under Chpt. 255B, Sec. 20B.

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