Posted on 10/09/2018 10:41:24 AM PDT by rickmichaels
I wonder what happens if they f***-up your court paperwork and a bounty hunter comes looking for you?
Bank likely did him a favor to get rid of that lemon.
He should go after punitive damages, not just to have his time and energy repaid, he was literally ROBBED by this bank. They should be paying a price for that alone.
I know of a situation where a lienholder failed to respond to a mechanics lien.
The mechanic then filed for and secured a free and clear title in his name. This wipes out the lien completely.
He later sold that vehicle. The buyer bought it with a new loan from a completely different bank.
A year and a half later - the original bank decides to repo since no payments were being made. So they contracted with a repo agent and the vehicle was repossessed.
Bad move. Since the original lienholder had been dismissed. And the repo agent - by law - was supposed to verify ownership (they didn’t) and the lienholder (they didn’t)
Since when did banks begin communicating legal matters through Facebook Messenger? I find that highly suspicious.
Makes me wonder now about all of those “Your Paypal Account will be discontinued....” emails that I just delete.
For years a large bank hounded me for a debt that had been resolved years before. They hired a collection agency that scheduled and canceled court hearings repeatedly. I finally hired a lawyer and they quit bothering me. Then, about three months ago, I got a 1099R from them claiming it was a bad debt, which means the IRS will be coming after me for “imputed” income. I called another attorney and he said there’s nothing to keep them from doing this as often as they want.
Find out who signs those letters and have a nice sit down chat with them. You should be able to sue for harassment.
Get a lawyer to go with you directly to the IRS requesting a voluntary audit of the matter...the IRS I think might actually be “helpful” since you are requesting their help. If the debt was settled legally as you say then the IRS can include that in your record. They might even start looking at the company issuing those 1099Rs to see if they are attempting to commit federal fraud! After all, they like taking down the bigger companies who might have to cough up more dough...not penny ante stuff like yours.
Translation: Nobody at the bank did THEIR due diligence on the lien before they used the lien against the wrong person. They should be sued, even though they belatedly admitted their error and the suit should demand, in addition to financial recompense, the institution and proof of the institution of procedures to prevent such errors in the future, verified by an audit.
At the personal level, the service and officer levels were exceedingly polite, efficient and professional. This was something deficient in one way or another from every major US bank that I have had accounts with.
Unlike CA, our US banking laws allow foreign Banks to have US chartered affiliates. Working as an expat, it was then possible for me to have a US bank account for paying US bills such as a car payment and mortgage on my home in the US. I could simply transfer $CA from my CA account to my $US account then pay US bills via websites. The exchange rate for currency exchange applies but no fees.
I still bank with the RBC affiliate in the US and have had no reason to change. Probably I'll open a replacement account sometime but when that time comes it will not be with any of the big name banks. I'll find a nice small to medium bank with better service and ethics that seems to be lacking for the bigger US banks.
“I wonder what happens if they f***-up your court paperwork and a bounty hunter comes looking for you?”
Self defense.
I’ve contacted the IRS. Their position is I have to prove that I don’t owe it. Otherwise, taxes on it are roughly $6,500. Since the bank doesn’t answer my letters about why they issued the 1099R this is something of a problem. I’ll probably wind up spending another two grand on a lawyer.
I’ve talked to three lawyers and all of them said there is no recourse. Apparently debt collectors exist in some sort of legal limbo.
I used to do real estate loans. Then one day, RBC mortgage started running advertisements with my phone number, so I got all this free business from RBC. I called RBC and told them what was going on but they never changed the number in their advertisement. I got a LOT of business from RBC!
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