My wife was advised two years after the fact that her auto was set for reposession. The person with the creditor did this out of spite because my wife and mother inlaw did not have the funds to make the payment at the time of the call. Never was served, no affidavit on file, nothing.
When my wife tried to get a loan for a computer, she was advised that she did not quilfy due to a reposession. However, again no one came for the auto, nothing. It's as though it just appeared on her credit.
When she contacted the creditor to have it removed they refused to do so.
My question is does this fall with in the FDCPA Under the section outlined below?
See Sections
806 Harassment or abuse
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following comduct is violation of this section:
We feel that State Farm has violated these parts of this section.
1) The use or threat of use of violence, or other criminal means to harm the physical person,
Reputation, or property of any person.
807 False or Misleading Representations
See 4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the
seizure, garnishment, attachment, or sale of any property or wages of any person
unless such action is lawful and the debt collector or creditor intends to take such actions. We feel that State Farm failed in this action. The repossession was not executed; she was not served per the collector, nor the recovery service.
Communicating or threading to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
Again she was not advised that her property was to be repossessed. No affidavit on file as such. Only learned of the repossession on her credit two years after it had been placed on her credit. However, she was still in possession of the property, and again had not been served, or contacted by the Recovery Company.
Per the law in Arkansas the following was not met.
Why
no Documentation for Liquidation? She States that she never received any information as to the fact that her 2000 Mitsubishi was to be repossessed. Per the Uniform Commercial Code adopted Jan 1962, this information should have been recorded with the County, district recorder where the debtor resides.
Redemption Requirements, debtor can redeem ten days after retaking or after judgment in replevin. I only bring up this point, because the property; 2000 Mitsubishi was never repossessed.
All liens on motor vehicles are registered with Department of Motor vehicles. Lien appears on reverse of title and is held by the first lienholder. I ask this question because Margaret Knox holds the title to the 2000 Mitsubishi, and nothing has been filed with the DMV, on this matter.
Anyone have any ideas. I normally work on the other side of this, but do not think that they went about this correctly. Need to know before I go with counsel.
Repo and FDCPA Help
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