shyannetla
Junior Member
What is the name of your state (only U.S. law)? Michigan
I had an auto loan and I was behind on my payment quickly approaching 1 month past due. I contacted my lender to make arrangements on the past due payment. They agreed to my arrangement to bring the payments up to date. I spoke with them on two seperate occassions to go over the arrangements and was assured by them as long as I abided by the agreement everything would be fine. The next day they repossessed my car. The gentlemen who came to get the car was very nice and helpful. I contacted the company about the repossession and was told Oh sorry, our system is automated we had no control, despite acknowledging that we had an agreement in place. At this point they wanted the late payment plus the towing charges and repo charges to redeem the car. I was also informed there would be other additional charges once I reclaimed the car of an undisclosed amount they would simply add to the contract. At that point I informed them I would not redeem the car under those conditions.
My point is this and or question if you will, considering they agreed to a change in the payment, did they in fact breech our contract by reposessing the car the next day? I had not violated the agreement we had reached at the point of which they reposessed the car.
I am now in a legal dispute with them regarding this matter.
So if anyone knows of any case law lol supporting my position I would greatly appreciate the direction.
Thanks for reading.
I had an auto loan and I was behind on my payment quickly approaching 1 month past due. I contacted my lender to make arrangements on the past due payment. They agreed to my arrangement to bring the payments up to date. I spoke with them on two seperate occassions to go over the arrangements and was assured by them as long as I abided by the agreement everything would be fine. The next day they repossessed my car. The gentlemen who came to get the car was very nice and helpful. I contacted the company about the repossession and was told Oh sorry, our system is automated we had no control, despite acknowledging that we had an agreement in place. At this point they wanted the late payment plus the towing charges and repo charges to redeem the car. I was also informed there would be other additional charges once I reclaimed the car of an undisclosed amount they would simply add to the contract. At that point I informed them I would not redeem the car under those conditions.
My point is this and or question if you will, considering they agreed to a change in the payment, did they in fact breech our contract by reposessing the car the next day? I had not violated the agreement we had reached at the point of which they reposessed the car.
I am now in a legal dispute with them regarding this matter.
So if anyone knows of any case law lol supporting my position I would greatly appreciate the direction.
Thanks for reading.