I just need reassurance

[williteverend]

I'm a newbie, so please help. I have read your posts for about 2 years and you guys have been so helpful to people and educating too. Sorry this is so lenghtly.

My husband and I had a vehicle financed through US bank. Gas mileage sucked and we tried to trade it in. We were $4000 up side down in equity and since we did not sign a reaffirmation agreement, we took it to the bank, locked it, and left a note with the keys in the after hour deposit.

It was included in our BK. Our credit report shows $0 balance on the vehicle. I though we could do that (ride through) since we didn't sign a reaffirmation. Our BK was discharged a year ago.

We got a letter in the mail about late payments and reporting to our Credit Bureau. HOW? I called and was tossed to 5 different people! The bank is asking why did you keep paying for it if it was included in BK? Why did you bring it back? You cannot do that. Yes they said they did report to credit bureaus.

What do I say to the bank. I have to call back tomorrow. I know they record conversations and I get so nervous. I kept the vehicle because I needed it and could not buy another while we were filing BK. Our attorney said they would not come get it if we made payments. I was terribly upside down in it by the time I could get a loan on another. It got 14 mpg. Can they legally keep contacting us about it? I checked our online account and they posted late fees. Im about to have an anxiety attack. We bought another vehicle and we cannot afford that one too. Plus, where is it now? They don't know. They said to call back tomorrow. Please help, reassure me if there is nothing they can do.

[rfassett]

we took it to the bank, locked it, and left a note with the keys in the after hour deposit.

That was probably a mistake. I would always want somebody's signature that they received (took control) of the asset. But that said, the underlying debt was discharged in bk. You would probably do well to remind the bank of that, and perhaps get them a copy of the discharge paper. I do not think they have any basis for chasing you - other than the fact that there is a missing vehicle that is due them. Without a signature and or qualified witness, the bank could easily say that you never did what you said you did with the vehicle. Shoot, the cleaning people could have found the keys in the night box and helped themselves to the vehicle. In which case, you, or the bank, may have an insurance claim, at best. Good luck!

[soleprop]

if you included the financed vehicle in your CH7 and did not reaffirm, and the debt was not disputed by the creditor, and you got your discharge, then they have nothing on you. You can make a copy of your discharge as well as the notice to creditors proving they were notified of the bk, and you're done. they cannot pursue the debt, you are not on the hook, move on with life, but make sure that you check their reporting to the bureaus; it should indicate $0/discharged in BK.

[soleprop]

Shoot, the cleaning people could have found the keys in the night box and helped themselves to the vehicle. In which case, you, or the bank, may have an insurance claim, at best. Good luck!

hopefully if the bank tries anything like pursuit you could subpoena the parking lot video. i'm sure you're fine. the bank is just pissed that they have to take it in the pants on a gas guzzler. :P

[williteverend]

Thank you for your reassurance. I was knotting up in my stomach. I purchased a credit report...I wasn't due a yearly free one yet. It still says $0 balance on that account where it was discharged. No late payments posted either. They weren't exactly nice on the phone and passing me to different departments. They did not dispute it when we filed. (Unlike a C.Card company on the last day!) I am sure security cameras are around that bank. It was even there a few days later during banking hours. I checked of course everytime I drove by. We really should have had a person signed to at least gotten a name of an employee. That was poor judgment on our part.

[AngelinaCatHub]

That was probably a mistake. I would always want somebody's signature that they received (took control) of the asset. But that said, the underlying debt was discharged in bk. You would probably do well to remind the bank of that, and perhaps get them a copy of the discharge paper. I do not think they have any basis for chasing you - other than the fact that there is a missing vehicle that is due them. Without a signature and or qualified witness, the bank could easily say that you never did what you said you did with the vehicle. Shoot, the cleaning people could have found the keys in the night box and helped themselves to the vehicle. In which case, you, or the bank, may have an insurance claim, at best. Good luck!

[rfassett]

I guess maybe it is because I live in Podunk, USA, but here is an experience I had within the last year of putting something in the night deposit drop. I needed to make a deposit to my business account and it was after hours. I used the bank provided envelopes, etc, and personally put the envelope in the night deposit drop. I checked my account a couple of days later and the deposit was not there. I called the bank and they said they did not find an envelope for my business. They claim they searched high and low. A week went by - and no deposit. Fortunately the deposit was made up of checks (no cash) and I contacted the affected clients and requested replacement checks. A full three months later, a lady called my office and said that she found the missing deposit in her mail box that day - unopened and without postage. I am at a loss to explain where that deposit traveled. So with all of the built-in security, the bank could not explain it either. Thus my comment above - anything could have happened to those keys and thus the vehicle. I would never drop off a vehicle without a signature. Oh, and btw, I have since changed banks to one that has longer hours so I can give the deposit to a live teller.

[williteverend]

Just a follow up. My husband spoke to someone about the truck and it was sent to an auction. Thank goodness! The lady that say to ignore the letters, that they were computer generated in customer service. Ignore? Why don't they just fix the computer error. I hate banks! I know what will happen...we will continue to get letters and of course they will start to come by registered mail next which means I have to go to the PO.

[ThreadsSnapping]

If you know the letter is from them, just don't bother going to the post office. Or call and ask them to put a note on your account to not send them registered. Might keep you from having to make a few trips at least.

TS