Purchase money security interest. help!!!

[mary77]

Hello everyone. This is my first post here, first of all i want to thank you all cause i had so many questions about bk and this is the only place where i could find answers from real people!!!
Ok, so my husband filed bk on 07/27/10, we just received the discharge in 11/02/10.
And now when we were sure the worse was over... One of the furniture stores ( rc willey) included in the bk send a letter stating ..." rc willey is a secured creditor and holds a security interest in the merchandise you purchase from our store. The security interest is known as a PMSI.
We wish to execute in the lien we hold on the merchandise... no later than November 22 to make suitable arrangements to pay fair market value or surrender the merchandise....... failure to do so will result in your file being referred to our attorney to assist in the surrender of our merchandise....."
I would gladly give them back the treadmill i bought but it broke a couple of months ago. when i call they told me the warranty wouldn't cover the issue so a couple of weeks after i threw it out... They want to charge me $389.. or reaffirm for $15/monthly... i call my lawyer and they're not really helping me... And i dont know what to do...
I really appreciate your advice!
thank you for taking the time to read!!!

[keepmine]

Very likely a bluff. Nobody wants old consumer goods.

Personally, I'd just ignore them.

[ccsjoe]

Hello everyone. This is my first post here, first of all i want to thank you all cause i had so many questions about bk and this is the only place where i could find answers from real people!!!
Ok, so my husband filed bk on 07/27/10, we just received the discharge in 11/02/10.
And now when we were sure the worse was over... One of the furniture stores ( rc willey) included in the bk send a letter stating ..." rc willey is a secured creditor and holds a security interest in the merchandise you purchase from our store. The security interest is known as a PMSI.
We wish to execute in the lien we hold on the merchandise... no later than November 22 to make suitable arrangements to pay fair market value or surrender the merchandise....... failure to do so will result in your file being referred to our attorney to assist in the surrender of our merchandise....."
I would gladly give them back the treadmill i bought but it broke a couple of months ago. when i call they told me the warranty wouldn't cover the issue so a couple of weeks after i threw it out... They want to charge me $389.. or reaffirm for $15/monthly... i call my lawyer and they're not really helping me... And i dont know what to do...
I really appreciate your advice!
thank you for taking the time to read!!!

Hello mary77,

Please do gladly assist them in the surrender of the merchandise by directing them to the dump where you placed the broken treadmill. See, they had a PMSI on the treadmill. Treadmill broke, now trash. They have a security interest in trash.

Don't sweat it.

[debee]

The collector can't ask you for money. The debt was discharged. You are under no obligation to pay anything.

Your kind of case happens all the time. All the time. The creditor calls and tries to scare you into giving them money. They don't want the items you purchased. It would cost them too much to pick them up, store them, try to sell them, etc. They count on you being scared and you not wanting "trouble".

As the others have advised, don't give them a penny. As Joe said, tell them the thing broke and you threw it out. There's nothing they can do to you.

[wnguyen]

Hi Mary

I was in your situation before and it wasn't about rc riley or any treadmill. It was bestbuy. Their lawyer sent my lawyer a notice twice but I ignored them twice. Just call their bluff, see if they'll come and pick them up. Chances are, they won't.

[Chowder]

.....make suitable arrangements to pay fair market value.......

They are violating the law. Ignore them.

[mary77]

thank you so much everybody!!!... i read a couple of old posts about pmsi ,but still i was really worried... now i feel a little better , they never called me just sent the letter so i dont plan to send a letter back to them... i will wait and see if they call me to call their bluff...
I was confused because the letter starts saying .."this is not an attempt to collect a debt..." and that they know i got my discharge already...
Oh well.. the idea to tell them to go get it at the dump is really good !!!