Seperation, Divorce, Discharge, Hosed....carless

[notavictim]

Ouch - during the seperation the ex was driving the only car in my name - why didn't I just take it back? Well I had a car from work. And it was common knowledge that she was taking responsibility of the car payment in the divorce court docs. They ultimately stated that fact.

However, she stopped making payments and let it sit to be repo'ed at advisement of her BK lawyer. She told me he told her it would affect me in no way since I was discharged...

Well guess what. Now I need a car and all the previously suggested loan paths failed due to recent repo date. So um...I'm scr*wed. I only have myself to blame.

[genseeker]

Send a letter tothe company the loan was through and remind them that the repo occurred AFTER you filed BK. And also remind them that your BK is discharged. They need to change the status back to whatever it was ON THE DATE YOU FILED. I'd give them 10 days to correct the account. Then I'd file a BBB complaint, state AG complaint for your state and theirs. Makes copies of your complaints and then you want to write a nice little letter.

Letter goes to "Office of the President" at the car loan holder. Include copies of all complaints and a copy of your discharge. This time only give them 5 days to correct your report or even delete the account entirely. I'd even tell them you need to apply for credit and if you get turned down because of "recent repo" that you will be contacting an atty because you will have real damages from their inaccurate reporting.

Key thing here though is if they don't correct, find an atty on NACA and sue them.

[magyar123]

Just what makes you think that letters addressed to "Office of the President" will accomplish anything? Some secretary opening such mail will just forward mail like that to the department that she thinks should be handling the problem/issue. The "President" of the company will never even see that piece of mail.

[ssdsco]

Ouch - during the seperation the ex was driving the only car in my name - why didn't I just take it back? Well I had a car from work. And it was common knowledge that she was taking responsibility of the car payment in the divorce court docs. They ultimately stated that fact.

However, she stopped making payments and let it sit to be repo'ed at advisement of her BK lawyer. She told me he told her it would affect me in no way since I was discharged...

Well guess what. Now I need a car and all the previously suggested loan paths failed due to recent repo date. So um...I'm scr*wed. I only have myself to blame.

Was the car loan discharged in your BK or were you a BK7, no asset ?

[genseeker]

Every letter that I have sent to any company addressed to "Office of the President" has gotten a response direct to me. Letters addressed that way do not get mixed in with regular customer service mail. And no, I have never actually received a reponse directly from the president of a company, but my letters do reach people who can resolve the problem.

You could also address a letter to "Legal Department" and get a response. The objective of addressing a letter to "Office of the President" or Legal Department" is to get your letter routed to someone who has the power to fix the problem.

I have sent around 3 dozen letters this way and every time I was contacted promptly and the problem was solved to my satisfaction. If the car loan was discharged in OP BK, then the solution is to get it to revert to shown as discharged in OP's BK or to have the account deleted if they refuse to correct it.