What is the name of your state? Colorado. In December of 2003 I started an embroidery business with my husband. Both of us have poor credit from previous marriages and own no property. We needed $36,300.00 to purchase our embroidery equipment ( after the deposits etc.. we paid). We could not get financed by any leasing or financial institution. Our old boss made us a loan for the amount and wrote the check for the $36,300.00 to the Equipment company he told us the interest rate was about 12% and the payments would be $802.00 a month for the term of 60 months. The invoice for the equipment from the manufacturer and the receipt is to us (my husband and I) and paid in full. We have a signed contract with my ex-boss stating the above terms (the interest rate is not in the contract; only the payment amount) and also that any changes to the contract need to be in writing and signed by both parties. I asked for documentation for the loan and terms and was given a mortgage payment sheet calculated from the internet showing payments ( that didn't even match the $802.00) I have made all my payments of $802.00 as stated in the contract. earlier this week my ex-boss told me the prime rate went up a .5% and the loan was going up 1% and the new payments would be $832.99 a month. I contacted the bank manager where my checking account is and was told that the original loan interest was 32.56% and the new rate will go to 36.92%!. When I asked for documentation on the loan from my ex-boss I was first given an internet mortgage payment schedule that was completely wrong ( did not take into account my 9 payments so far) and then that was replace by 2 mortgage payment schedules printed from his bank ( still incorrect with payment info) No mention of any details of our actual loan. My questions are thus - 1) is the contract sufficient legal ground to hold my ex-boss at the $802.00 for the original terms? ( I feel gouged but I had no choice and my business is going great) 2) Is it even legal to mortgage a persoanl loan with no property? 3) Do I have the right to documentation for the loan, even if the lendor was a private individual's/corporation? 4) How is the actual interest rate calculated that I am being charged. My bank told me that to calculate the interest rate I should take the total payments minus the principal and divide that figure by the principal that will give me the interest I am being charged. 5) What are the usury limits in Colorado that apply to this type of transaction? I am over my head and appreciate any input!
