I looked for the answer elsewhere here and did not find. Capital One's BK group, National Bankruptcy Services, is ignoring our reaffirmation agreement in our Chap 7. What happens when the creditor willfully ignores it? Is there any obligation they have to file it with the court? Are there any penalties/sanctions for ignoring the court?
My attorney had to contact them (they did not voluntarily offer) and request a reaffirmation agreement. They sent one with incorrect info (they didn't count the payments I have made during the BK & they also have the wrong figures for the total balance owing). He called them and asked them to correct it and they refused. So he had me sign the incorrect one anyway and now the National BK Services refuses to send it to the court. What is going on with these people?
I wanted to keep the car as I only have 2 years left and a teeny bit of equity. I did not trust Cap 1 to do a "ride-through" as I have heard horror stories of them repossessing even when current if you do not sign a reaff. My attorney hasn't gotten back to me yet, so thought I would pick your brains here for advice.
I'm not sending any more payments until we know what is going on here. If I have to get a new car, that's fine; but I don't want them to repossess my car when it's inconvenient for me & I want to know what is going on. I can't believe that they can just ignore the court. If I were to do that, I'd be in hot water. No penalties for these people? Thx.
My attorney had to contact them (they did not voluntarily offer) and request a reaffirmation agreement. They sent one with incorrect info (they didn't count the payments I have made during the BK & they also have the wrong figures for the total balance owing). He called them and asked them to correct it and they refused. So he had me sign the incorrect one anyway and now the National BK Services refuses to send it to the court. What is going on with these people?
I wanted to keep the car as I only have 2 years left and a teeny bit of equity. I did not trust Cap 1 to do a "ride-through" as I have heard horror stories of them repossessing even when current if you do not sign a reaff. My attorney hasn't gotten back to me yet, so thought I would pick your brains here for advice.
I'm not sending any more payments until we know what is going on here. If I have to get a new car, that's fine; but I don't want them to repossess my car when it's inconvenient for me & I want to know what is going on. I can't believe that they can just ignore the court. If I were to do that, I'd be in hot water. No penalties for these people? Thx.