Legal Question in Credit and Debt Law in Massachusetts
After filing a complaint with the OCC that regulates national banks my demand for a certified copy of the retail installment contract I signed on 4-5-04 for the purchase of a vehicle was mailed to me from the bank in question. On the certified copy a signature was evident but on my customer copy given to me on 4-5-04 that signature was not on it therefore indicating it was signed after the date of 4-5-04 without me being present. furthermore my vehicle was unlawfully repo'd sometime in march of this year, I imediately wrote the bank and demanded a certified copy of the contract, validation of the debt and verification of their claim against me, I got no response. They sent me a letter indicating that my vehicle will be sold at a private auction unless I cure the balance. On April 28, 2010 I paid the balance in full but they still went ahead and sold my vehicle without my consent and sold it for a price way below its value. Because of my complaint with the OCC the bank sent me an invoice of the payment history and it clearly shows a zero balance and the loan paid in full on 4-28-10 almost a month before their 2nd letter to me indicating the unlawful sale of my vehicle. My vehicle is worth somewhere around ($22,000.00) and they sold it for ($12,000.00) and they had a nerve to cut me a check for alittle over ($8,000.00). My question is how can they sell my vehicle when their own records show I paid off the loan, this whole ordeal has fustrated me extremely and has altered my life completely............Please respond with helpful advice.......
3 Answers from Attorneys
If the facts are stated correctly, you have great case for violations of the fair debt collection practices act, chapter 93A, and a couple of other legal theories. A lawyer who does this type of work might take this case on a contingency, so the most helpful advice I can give is to see a lawyer right away. Don't try to do this yourself, ad setting up the case requires proper preparation. You can call me for a referral, if you want.
I am sorry to learn of this ordeal you have gone through. Bank, credit card, foreclosure, and reposession abuse is never pretty or pleasant. I understand your plight and the frustration you express. I concur with Mr. Baker. You could easily have rights to be vindicated in this matter.
Many separate laws may cover this case. There is a short statute of limitations on some of them. Their overlap and interplay is subtle and complex. But the abusing creditor must strictly adhere to the law (in letter and spirit) and perhaps fortunately for you, it sounds as if this bank may not have.
This Office regularly defends meritorious consumer cases on a contigency basis. We vigourously presecute them and are experienced in the nuances (and there are many) they inevitably involve. Please feel free to call and explore your options in a timely manner. Good Luck.
Perhaps more to give you confidence in your claims, than anything else, you should know that I also take these kinds of "creditor malfeasance" cases on contingency, and would be happy to discuss working with you on this case. I note that I am conveniently located in Boston, a relatively short walk from the Downtown Crossing subway stop.
Good luck, in any case. This sounds like an extravagantly aggravating situation.
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