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Steve Walker

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What is the name of your state?
California

We had a 63month loan for a jetski for $6500. During the term of the loan we were sent 6 promotional offers (2/year in 3 separate years) to defer a payment and add it to the end of the loan term, which we did. After paying the final payment (including the 6 deferred payments) we were contacted by phone 2 months later wanting to know why our payment was late. After multiple phone calls with different departments we were notified we had a balance of $400+ still due because of the interest accrued on the deferred payments. We did not have the $400+ to pay it at that time (May 2002). We now have the money to pay off the loan but when we contacted them to confirm a pay-off amount, we were told the loan has been paid off and that they now have title to the jet ski. We had previously filed bankruptcy in 03/01 which was discharged 07/01. We continued to make payments on this loan through the bankruptcy and this debt was not discharged, but we were told we did not receive a final statment from them after our final payment due to the bankruptcy. Is there anything we can do now to keep our jet ski?
 


I AM ALWAYS LIABLE

Senior Member
Steve Walker said:
What is the name of your state?
California

We had a 63month loan for a jetski for $6500. During the term of the loan we were sent 6 promotional offers (2/year in 3 separate years) to defer a payment and add it to the end of the loan term, which we did. After paying the final payment (including the 6 deferred payments) we were contacted by phone 2 months later wanting to know why our payment was late. After multiple phone calls with different departments we were notified we had a balance of $400+ still due because of the interest accrued on the deferred payments. We did not have the $400+ to pay it at that time (May 2002). We now have the money to pay off the loan but when we contacted them to confirm a pay-off amount, we were told the loan has been paid off and that they now have title to the jet ski. We had previously filed bankruptcy in 03/01 which was discharged 07/01. We continued to make payments on this loan through the bankruptcy and this debt was not discharged, but we were told we did not receive a final statment from them after our final payment due to the bankruptcy. Is there anything we can do now to keep our jet ski?

My response:

Let me see if I'm understanding you correctly.

You had other bonifide debts. You declared BK on those debts, except for a "Jetski" - - a pleasure craft, a toy, a plaything, and something you didn't need for your "necessities of life."

But, by filing BK, you caused me, and other people like me, to have to share in the expense of your debts, in the form of higher costs of services and goods and interest rates, but you felt it was important that you keep a "Jetski" ? Is that what you're saying? There's something wrong with this picture, isn't there?


IAAL
 
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Steve Walker

Guest
response to I am always liable

I just wanted to respond to I am always liable. I'd like to thank you for taking the time to respond, however needless to say, your response is of little help. In the instructions to post a message it said to keep the information brief so I did not include any further circumstances. The loan for the jet ski was taken out in 1996. In early 1998, our 4 year old daughter was diagnosed with a brain tumor, a glioblastoma. Over the next year and a half after she was diagnosed, we incurred over $250,000 in medical bills. My wife had been covering our daughter under her health insurance plan through her employer, but had taken a new job and was not eligible yet for medical benefits. She had been at her job for only 8 weeks when our daughter was diagnosed and she nad to be employed for 3 months before being eligible and her new plan did not cover pre-existing conditions. Our daughter lost her struggle with cancer in December 2000, 2 days befor Christmas. For the next year, we attempted to make ends meet and pay all of our bills, which was impossible with two other little girls at home, ages 10 and 12, and a combined income of $50,000/year for my wife and I. After seeking advice first from a debt counselor and then an attorney, we opted to file for bankruptcy. Filing for bankruptcy was one of the most difficult things my wife and I have ever done. The only debts that were discharged were the medical bills, we continued to pay our mortagage, our Sears charge account and the loan for the jet ski. After the discharge of the medical bills, we have made arrangements with the two hospitals and 5 physicians whose debts were discharged, to pay a small amount each month over the next 15years to pay a portion of the original amounts. We live on an extremely tight budget, which is the reason we did not have the extra $400+ to pay to the bank in May. We had been trying to save a few dollars each month to take our girls this summer to see their Grandmother in Montana. This is the money we will be using to pay off the remainder of the loan. I didn't feel putting all of this in my initial post was appropriate, it said be brief and to the point. I was trying to get some helpful information and I don't believe that was the intent of your response. If it helps, you can rest assured that my credit has been negatively affected, and will continue to be for the next ten years.

Sincerely-
Steve Walker
 

I AM ALWAYS LIABLE

Senior Member
My response:

None of your "sob story" explains why you opted to keep, and continue paying for, a toy! It's a TOY for God's sake! Not a "necessity". Why would you opt to keep, rather than sell, an expensive TOY that would help to mitigate your debts?

You've got your priorities all screwed up, and nothing you've said in your sob story has changed my opinion about YOU or the fact that I sincerely hope your TOY is taken away from you.

Go ahead, try to JUSTIFY your choice to keep, and continue to pay for, a damned TOY in the face of all of your debts? Why should I pay for your dead daughter's medical bills, when you could have sold that TOY and paid that money toward your total debt load? And then, to add insult to injury, you have the temerity to come here to ask how you can keep your TOY when you still have other financial obligations to your dead daughter's medical providers, and to ME as a consumer - - who must now shoulder the debts YOU incurred on behalf of your dead daughter. Why?

And THEN, you have to gall, the audacity, the balls, to chide me for not giving you advice! What did you think was going to happen? Did you think I'd give you a medal, or hold you and tell you everything's going to be okay?

You come here with your "Sob Story" telling us how your daughter suffered, and that, I'm certain, her doctors and nurses did everything they could to save her life - - and as your legacy to your dead daughter, you SPIT in your daughter's doctor's faces, and on the GRAVE of your dead daughter, by keeping and paying for a toy.

If, on the off chance you somehow are able to keep your TOY, I hope that everytime you ride it, that you think of the doctor's and nurse's faces that didn't get paid - - when they were trying to save your daughter's life.

IAAL
 
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Steve Walker

Guest
I apologize for taking so long to respond. I worked the evening shift today and didn't have a chance to see you response until now. As a matter of fact, we did sell the jetski. In the summer of 1999, my cousin gave us $3,500 for the jetski, trailer and lifevests. Due to our mounting medical bills at that time, simply taking over payments would not have been much help, we needed the lump sum because one of the two hospitals our daughter had been in said they would take us to collection if we did not pay least $3000 by the end of July, 1999. My cousin and his wife were knid enough to help us out. Our agreement was that we would continue to make monthly payments and then turn over the title to him once it was paid off.

I must tell you, I feel very sorry for you. You are obviously filled with anger and have little compassion for your fellow man. Our medical bill debts were discharged with the bankruptcy and it would have been very easy to walk away from them and we easily could have included the jet ski loan and told my cousin, tough luck! However, we made arrangements with the hospitals and with the physicians to pay back a portion of the amounts over a period of time, because we felt it was the right thing to do. I hope you never have financial misfortune befall you, or if you do, that you have unlimited assets. I don't know what we would have done without the support of our family and countless friends and it is apparent, with an attitude like yours, that you have neither.
 
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