On June 18 I filed for bankrupcy. One of the companies included in the bankrupcy was GE Capital Card Co. I purchased a motorcyle in 2002 and financed with them. One of the only items I was allowed to keep was this motorcycle. I signed a reaffirmation agreement with GE Capital Card Co. The agreement read that I was to pay a balance of $7000.00 with no interest at $70 per month and this arrangement was to start on October 7th. The payments were to be sent to Mill Creek Servicing Corporation in Tempe, Arizona. Mill Creek Servicing is an affiliate of GE Capital Card Co.
All payments have been made as per the agreement. On January 7th, a repo man left his business card on my vehicle. I called the phone number and the man stated that he was hired by GE Capital to repossess my motorcyle. I told him that there has been a misunderstanding. He gave me a phone number and name of a representative of GE Capital that I should contact. I called the representative who after finding out my identity, was very rude. I told her that I had filed for bankrupcy and that a reaffirmation agreement had been made with GE Capital. I also stated that I had upheld my end of the reaffirmation agreement by making all payments at the agreed amount. She called me a liar and stated that they had not received a payment since September.
I told her she must be mistaken. She stated that I needed to prove I had made the payments by sending her copies of all the checks and the reaffirmation agreement. $18.00 later for faxing and copies of checks which showed that they had been cashed by GE Capital Card Co by their stamp insignia on the back, the GE Capital representative was not convinced and stated that they had never received these checks. I told her that I was sending them to a Mill Creek Servicing Corporation in Tempe Arizona. She stated that they were an affiliate and that the checks had not been posted to my account. I asked her for her name which she refused to provide. I went to my bankrupcy attorney for help. They contacted GE Capital, told them about the bankrupcy reaffirmation. GE Capital again requested copies of the checks.
The checks were again faxed. An unknown GE representative told my attorney that Mill Creek Servicing was no longer an affiliate and that on June 23rd, my reaffirmation was voided. The representative stated that a new reaffirmation agreement had been sent to my attorney. He nor his legal secretary received such paperwork and told the representative such. The representative stated then it must have went to your client. I have never received such paperwork. I was contacted a few days later by GE Capital and was told that a repo man was being sent to my residence and along with law enforcement if needed.
No one showed up. GE Capital has called by work with threats. On todays date, January 28th, I was contacted by a representative of the repossession division of GE Capital. I once again plead my case on deaf ears. Please help me. I do not want to lose a item I have worked so hard to keep and have invested in.
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