We had a car repossessed in November 2008 that was
We had a car repossessed in November 2008 that was 47 days behind. A payment to catch it up cleared the day before the repo taking it from 77 to 47 days behind. They repoed it anyway. I called to see about getting it back that same day and I was told we'd receive a letter in the mail and have a chance to repurchase it then.
The letter never came. Around April of 2009 I get a collections letter from BB&T stating that we now owe them over $6000 for a deficiency debt. So I call and arrange to pay them $100 a month for the time being. A few months into the arrangement I got behind and then some cash payments I made seem to have went unaccounted for so I let it go further into collections. A few months later we get a letter from an attorney asking us to pay. I contested and requested validation of the debt. At this time, is when I finally saw for the FIRST time, the Notice of Intent to Sale. They had sent it to our previous address that was over 2 years old at the time of repossession. They sent statements and notices to our correct address, repossessed the car from the correct address, but sent the Notice of Intent to Sale to our old address. We didn't get it forwarded to us because the US Mail stops forwarding service after a year of moving. We never got the chance to repurchase it, or even get our belongings out of it.
Here we are 3 years later and I am battling back and forth with BB&T's attorney for debt settlement. They have filed civil suit. I called the attorney to arrange an out of court settlement. We settled on $150 a month for the time being, with a lump sum settlement in the future if we want to, but then get a letter from them in the mail saying it will be settled out of court if: we sign a Statement Authorizing Entry of Judgement for them to have on file in case we default on the agreement. At that time we would then have a judgement against us.
I live in NC. At the time of repossession, I lived in FL. Mu husband is sole provider for a total of 5 people (us & our 3 kids) and I am a full time college student (and Mom!) on a Pell Grant. We make $47,000 a year before taxes, medical and 401k. What could they take in a judgement?
Do we have any legal legs to stand on with their failure to provide the Notice of Intent to Sale and letting us reclaim our property from the car?
Should I just sign the form and start the payment plan or let it go to court and fight it?
Please help! I live in a very small rural town and these kind of lawyers are hard to find.
Thank you in advance for your assistance!