Why Chat what do you think
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Posted by edoggie
(68.39.234.43) on February 16, 2003 at 18:59:22:
You remember the NY state repo you and I discussed hopefully. Although the bank has not pursued a deficiency judgement and it's too late now, they are reporting an outstanding balance. I'm trying to develop a strategy to make them work to prove this debt or delete it although NOT using the FDCPA as they are an original creditor so they don't have to validate. I found this section of the UCC code, as adapted by NY statutes, that might be just the thing that could work as legal basis to force them to prove what they are reporting. Specifically sub-section (2): Section 9--210. Request for Accounting; Request Regarding List of Colla-
teral or Statement of Account.
(a) Definitions in this section:
(1) "Request" means a record of a type described in paragraph
(2), (3), or (4).
(2) "Request for an accounting" means a record authenticated by a
debtor requesting that the recipient provide an accounting of
the unpaid obligations secured by collateral and reasonably
identifying the transaction or relationship that is the
subject of the request. Would this work? Or am I wasting my time ? Thanks. Basically I'm trying to get in their hair to really prove this old 6 year old repo or remove it. Please give your input.
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