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Chapter 13 Discharged ... But It's Still Not Over ...

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  • chpxiii
    replied
    FH! Yay! I'm so glad it's over and it was in your favor!!! IMO, it was in the CU's best interest to simply get the matter overwith.

    Good for you for sticking up for yourself!

    Leave a comment:


  • $$only4ever
    replied
    FH,

    What am I going to do now? I looked forward to your never ending posts, lol. All kidding aside, Congratulations!!! I am so happy that everything worked out for you.

    You and your family have a wonderful and safe holiday!

    P.S. You gave many of us inspiration because you fought back!

    Leave a comment:


  • FeelingHopeless
    replied
    Ho Ho Ho -- Merry Christmas!

    Well, everyone ... it's over!

    Last night, we went to the attorney's office around six and picked up the title to the van and a check. This entire ordeal is over ... five months after I woke up and found my minivan had been illegally repossessed.

    As you all know, between mistakes on MY attorney's part and the unethical behavior of THEIR attorney ... the case was drawn out an extra month, costing more attorney's fees, court costs, etc.

    So, for all of you who stuck by me ... and for anyone who has to deal with this type of situation in the future, here is exactly what happened:

    The CU offered us a settlement of $5,000 ... which we accepted. The $5,000 settlement check was made out to my attorney, my husband, and myself. We all signed the check and we released it to my attorney. Immediately after signing the check over, he handed us a check for our portion of the settlement ... which would be the settlement amount minus his fees.

    He gave us a final invoice showing his total bill at $3,900. However, because mistakes were made that caused this to draw out unnecessarily ... he took off every fee that happened after the settlement was initially agreed upon. This brought his fees to $2,500 ... so we basically "split" the settlement.

    If I understand correctly, by doing it this way, we only pay taxes on the check we received from our attorney ... and we never see a bill from him. And that last part? THAT is the best part!

    I know this ending probably seems like a disappointment to those wishing the CU would've had to buy my new vehicle ... and hey ... I can't deny I would've liked that ending myself .... but all along I said I wasn't in this to be greedy.

    I wanted to a) not pay ANY legal fees and b) be able to get new plates and such for the van ... and I wanted both of those items to be on the CU's dime.

    And so ... after getting new plates (and a new battery and an oil change, etc.), we'll have about $2,000 to put in the bank. PLUS ... we have our minivan. Which we can either drive or sell. But most importantly ... we ... are ... done. No more phone calls ... no more court dates ... no more billing statements or meetings. That's it.

    You all have been the most encouraging, helpful people I've ever met. You stood by me when I was crying on my keyboard ... and we've finally made it through.

    Now ... here ... I'm getting on my little soap box ...

    If you're reading this and a credit union or a bank or a credit card company is doing something wrong ... stick up for yourself and don't let them off the hook. I was ready to just give the credit union my van and walk away if it meant I wouldn't have to deal with them anymore. But they were WRONG. And if they did it to me, they would do it to somebody else. Just because we're the "little guy" doesn't mean they can run over us.

    There you go ... I'm off the soap box. Again ... thank you guys. And if I've left anything out ... just let me know. It's full disclosure now ... I can tell you guys anything I've left out before.

    Hugs ... and guys ... MERRY CHRISTMAS!!!
    Last edited by FeelingHopeless; 12-13-2007, 07:33 AM.

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  • FeelingHopeless
    replied
    Hey guys ... I was going to update tomorrow ... Here's where we're at ... we signed the settlement papers ... a check has been delivered ... and the court has been notified that we have reached a settlement. I haven't GOTTEN a check yet though ... we're supposed to go tonight at 6 p.m. to possibly pick it up.

    Timothy told my husband today ... something along the lines of ... we'll need to sign a release so that the check can be cashed and then our attorney will make one out to us? (I would assume so they can take their cut out first?) Or maybe their attorney made the check out to us AND our lawyer? Who knows ... this has been so messed up, nothing would surprise me.

    But, we're going tonight at 6 p.m. to hopefully pick up a check of some sort from some one. LOL Look for an update tomorrow ... Hopefully I'll have all the details and a finale of some sort then.

    HUGS

    Leave a comment:


  • Boscoe
    replied
    FH - Can you update us? Last we heard, your new hearing date was Dec 12th - yesterday. Did you get the $ and is this now over?

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  • MomIcantFindmy
    replied
    This is one of those wonderful miracle stories. I'm on the edge of my seat waiting to read the final chapter!

    Leave a comment:


  • emandmeagsmom
    replied
    Any update? I hope everything is going okay for you.

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  • FeelingHopeless
    replied
    No word yet ... so now I'm assuming we'll have to wait until Monday. Especially since there's a winter storm warning out and it's supposed to be sleeting through Sunday night! LOL It's good to know there's a check THERE ... now it's just a matter of getting it to us.

    Leave a comment:


  • DebtSlave
    replied
    This has been a wonderful thread. So glad you hung in there, FH...many of us are supporting you and wishing you all the best !

    Leave a comment:


  • ruggal
    replied
    Originally posted by FeelingHopeless View Post
    I spoke with Timothy (the assistant) this morning ... they received a check in the right amount at their office today. They're just double checking to make sure they don't have to do anything further (contact the court first, etc.) before they release it to me. He said everything's alright ... his boss (our attorney) wants to make sure that we are officially DONE before we cash the check and finish the deal. Part of me wonders if they're doing this to make THEM sweat a little ... haha

    In any case, he said they would try to get it wrapped up and call me this afternoon ... and it's 4:54 and no call yet. But, keep in mind that we've been called as late as 7:00 ... plus they work all weekend.

    So ... stay tuned ... I'll be back with further (hopefully final) information and details. Almost there ...




    That's great news! Congratulations.

    Leave a comment:


  • FeelingHopeless
    replied
    I spoke with Timothy (the assistant) this morning ... they received a check in the right amount at their office today. They're just double checking to make sure they don't have to do anything further (contact the court first, etc.) before they release it to me. He said everything's alright ... his boss (our attorney) wants to make sure that we are officially DONE before we cash the check and finish the deal. Part of me wonders if they're doing this to make THEM sweat a little ... haha

    In any case, he said they would try to get it wrapped up and call me this afternoon ... and it's 4:54 and no call yet. But, keep in mind that we've been called as late as 7:00 ... plus they work all weekend.

    So ... stay tuned ... I'll be back with further (hopefully final) information and details. Almost there ...

    Leave a comment:


  • ruggal
    replied
    I see a Master Card Commercial...

    Originally posted by Granny View Post
    Personally, I think I would take the check(s) to the credit union and cash them there and then deposit the cash in your account. he he he
    Does anyone see a mastercard commercial here???

    Replacement car $xxxx
    Attorney's fees $xxxx
    Look on the face of the Branch Manager as he hands me $xxxx= PRICELESS

    I'm also in Illinois, and have been following this story, I hope things finally come to an end here for you, and you can enjoy the holiday and new year. I'm in awe of your patience in this nightmarish situation.

    Leave a comment:


  • Boscoe
    replied
    FH - It is Friday afternoon, 4PM on the East Coast. Tuesday is only 2 business days away.

    No news yet? Not even a "We'll talk on Monday and settle this then?"

    They are really rollling the dice here. I hope they blow it off and have to face Judge Judy on Tuesday or Wednesday!

    Leave a comment:


  • FeelingHopeless
    replied
    I'm with you Boscoe ... I'll be skeptical until the check has CLEARED and the cash is in my account. These guys don't play nice. Oh ... and yes ... if this doesn't go through, we are GOING to court and let the judge decide what's fair.

    I hadn't thought about it, but that's a very good idea ... I SHOULD go to the CU and have them cash their own check(s). It's the 5th ... and that means there is four business days before the December 11th deadline. I maybe should call Timothy this afternoon ...

    Tick tick tick ...

    Leave a comment:


  • woohoogirl
    replied
    Originally posted by Granny View Post
    Personally, I think I would take the check(s) to the credit union and cash them there and then deposit the cash in your account. he he he
    I love it!!!!!

    Leave a comment:

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