Car liability / ownership

[jpsc99]

What is the name of your state? Texas

I set up a payoff to my car loan on the
financial company's website but they
tried to get the money out of my wife's
account my mistake so the electronic wire bounced. A week after this I receive the
car title in the mail in my name and also
my car loan contract stamped 'Paid in full'

I got a call today from the financial company who I had the car loan with
(this is 2 weeks after the payoff bounced)
and they want me to mail them a cheque for the payoff amount. Since I already own the title to the car and they have closed the account am I under any legal obligation to pay them?

Seems that they made a mistake sending me the car title without first receiving the payoff

Any advice gratefully received.

John.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Texas

I set up a payoff to my car loan on the
financial company's website but they
tried to get the money out of my wife's
account my mistake so the electronic wire bounced. A week after this I receive the
car title in the mail in my name and also
my car loan contract stamped 'Paid in full'

I got a call today from the financial company who I had the car loan with
(this is 2 weeks after the payoff bounced)
and they want me to mail them a cheque for the payoff amount. Since I already own the title to the car and they have closed the account am I under any legal obligation to pay them?

Seems that they made a mistake sending me the car title without first receiving the payoff

Any advice gratefully received.

John.

========================================


My response:

Yes, here's my opinion and advice.

You're a scam artist - - and not a very good one at that!

You knew EXACTLY who's account you were using, and obviously didn't have any authority to use that account. You knew exactly what you were doing.

You've now got one foot in prison for criminal fraud. Plus, you're looking at damages in a lawsuit against you for Civil fraud.

Who do you think you're kidding with your story?

IAAL

 

[jpsc99]

I am not a scam artitst. The car loan company has made a mistake. I just want to know where I stand legally.

I do not appreciate your attitude either.

John.

 

[I AM ALWAYS LIABLE]

I am not a scam artitst. The car loan company has made a mistake. I just want to know where I stand legally.

I do not appreciate your attitude either.

John.

My response:

Tough!

The loan company didn't make a "mistake". They relied upon your criminal act to their detriment. That's why you'll be headed for prison.

Think I'm kidding?

Watch what happens.

IAAL

 

[jpsc99]

They did make a mistake. They admitted they should not have sent me the car title before getting the funds for the car.

Please define the 'criminal act' that I
am supposedly engaged in.

 

[I AM ALWAYS LIABLE]

They did make a mistake. They admitted they should not have sent me the car title before getting the funds for the car.

Please define the 'criminal act' that I
am supposedly engaged in.

My response:

You know, the more you talk, the deeper you're getting into a hole.

Do you really believe that you could run your "potential criminal defense" on us, and believe that a criminal judge wouldn't see through your fraud?

It doesn't matter that they "admitted" anything. The fact is, they didn't receive any funds because you KNEW that there were no funds to begin with. Also, you had no authority to use your wife's account. That's two reasons.

So, where's the supposed money, huh?

Say good-bye, and say hello to Bubba.

IAAL

 

[hexeliebe]

the criminal acts you are continuing

to perpetrate is one of fraud.

Is that plain enough?

Knowledge is defined by MOST state statues as "knowing, or in a position to know a material fact." and a person knows something if they are in a position to "Know" it.

Therefore, since you had the ability to "Know" that the transfer of funds would result in a non-payment, you "knowingly" committed a fraud from which you profited.

You may not like the response you received but if you don't send in the check you'll not only lose the car, you'll have a date for your next prom, and HIS name won't be Betty.

Get real man. The load company didn't make a "mistake" as you state. They completed their legal obligation based on your promise to pay which is your responsibility to complete.

 

[jpsc99]

As a lawyer you jump to some pretty stupid conclusions. First of all I have complete access to my wife's account and
she has compleet access to mine so you are WRONG.. Idiot.

On their website I added a new account,
my bank account, for the payoff. They
chose to use my wife's account although I instructed them to use my account through the website. You are again WRONG.

Professor of law my ass.

 

[hexeliebe]

Is your last post supposed to mean

you are not guilty?

Get real. You profited from a mistake and even if you aren't thrown into jail for criminal fraud, under contract law a mistake cannot be used to unjustly profit one party over another....

so no matter how you try to paint this picture, you're still on the hook...whether it will be to the finance company or BUBBA is strictly up to you.

 

[jpsc99]

Thats all I wanted to know.
I am not a criminal and have already written the cheque ready to post to the finance company.

Thanks for the info hexeliebe

BTW I can take care of myself (Ex-army and martial arts), so your weak unfit little ass may get owned by bubba but not me.

 

[I AM ALWAYS LIABLE]

"I am not a criminal and have already written the cheque ready to post to the finance company."


======================================


My response:

Oh, right, of course you're not. That's why you came here asking - -
"Since I already own the title to the car and they have closed the account am I under any legal obligation to pay them?"

I guess you came here thinking that we'd help you to get the judge to fall off the turnip truck.

IAAL

 

[BB_Wolfe]

Thats all I wanted to know.
I am not a criminal and have already written the cheque ready to post to the finance company.

Thanks for the info hexeliebe

BTW I can take care of myself (Ex-army and martial arts), so your weak unfit little ass may get owned by bubba but not me.

TRANSLATION: I was a pimply geek all my life, I bought a Tae-Bo video and now I think I'm badass.

 

[hexeliebe]

and I'm 6'4" and 270 lbs

and wore a purple beret in the Air Force ...

which means that and $1.85 will get me a cup of coffee at Starbucks...