Michigan UCC

[Trish]

Hey, when they sent you that letter you posted above......did it show where they sent the notices to? Was it your correct address? Did they send you any proof of mailing? (like CM signatures)

And did you receive ANY notices at all? I know above in red you said you did not receive the intent to sell notice........but did you receive the "explanation of calculation of surplus or deficiency"? and if so.......when did you receive it? 7 months later after they sold it?

[jlyriq]

The top letter had my address and the other letters had my p o box. I never received any letters prior to me sending a letter and they didn't send any proof of mailing or anything. After getting carfax found out my car was sold in I'll and I live in MI. Prior to that I had no idea what was going on with the car after they took it. Never received any of my personal items from the car, etc.

[Trish]

Ok, well..... your next move is to re-dispute with the CRAs (per why chat):

CRA address

I am writing you regarding account # xxxx on my report #xxxx from XXXX. This account is a fraudulent entry on my report. I have disputed it with (name of OC) and (name of CA). I have no such account from this creditor for this date in this amount.

Please advise me of the manner of any verification of this fraudulent account, and the name and address of the verifying party as I will be taking appropriate legal action and filing complaints with the FTC and (name of your State)Attorney General's Office.


Send it on personalized stationary, handwritten and send CM only (not RR).

And just as I thought.......7 months is WAY too long to wait to sell the repo'd vehicle. It was not sold in a "commercially reasonable manner" and it should even state a time frame in the UCC. If you can't find it let me know and I will see if I can help you.

This debt.....should not exist. Period. There is no deficiency owed since they did not follow the proper procedures.

[jlyriq]

Did u get what I post, its not showing up

[Trish]

Originally Posted by jlyriq

Did u get what I post, its not showing up

Do you mean the post right before my last one? I can see it....

[jlyriq]

Yea I figured my next step was dispute it with the cra's but my first round of dispute are out so I have to wait

[jlyriq]

I do have to wait til the other investigations are done right or they can say new evudence.

[jlyriq]

Also on the letter they sent it says I have 14 days to reply or they will consider the matter resolved and to add, the letter they sent was like a validation letter and I never said validate the debt my letter said in so many words, show me what steps you took to resale my car and they didn't do that

[Trish]

Originally Posted by jlyriq

I do have to wait til the other investigations are done right or they can say new evudence.

Yes, if you already have an investigation pending.........wait until you get the results before sending out the re-dispute.

[Trish]

Originally Posted by jlyriq

Also on the letter they sent it says I have 14 days to reply or they will consider the matter resolved and to add, the letter they sent was like a validation letter and I never said validate the debt my letter said in so many words, show me what steps you took to resale my car and they didn't do that

I'm checking on this. You may need to send them an SOL letter. When I find out for sure, I will let you know.