Advice Please

[upsetinfla]

What is the name of your state? Florida

I have a couple of questions. My ex-friend and I made a verbal agreement. My friend got Financing for a computer in his/her name. We agreed that I would make the monthly payments. I have paid every month over the minimum payment required to my friend. I had missed one month's payment but recently sent my friend a check for it. Recently I sent a certified letter asking for copies of the statements, a balance, and the interest rate. Now my friend wants the computer, and wants to take legal action. The computer without interest was about $2,700. I have paid $1,700 in checks that my friend has cashed. $1,900 if you count the check I sent last week. I planned on paying it off by the end of the year.

So my question is...can he/she legally take the computer if I had made payments, and I continue to make payments?

And is there any action I can take to get the copies of the statements?

Also my friend lives in another state, if this goes to court would I have to fly to his/her state, and if so, could I counter sue for cost of travel if he/she doesn't have a case?

 

[BL]

My ex-friend and I made a verbal agreement. My friend got Financing for a computer in his/her name. [ Quote ]

Do you have proof you made these payments and how ?

If so, write your Friend a Return Receipt certified Letter , attach proofs of payments . Advise your Friend as soon as they pay you back what you have made on payments & the shipping cost to return the PC, you will.

Of course they can sue, anyone can file a small claims action.
If they file against you, they have to file in your Jurisdiction.

If they do file, you can then request a subpoena from the courts clerk for the Statements.

Tell them until such time as they pay you,and the payment is good , you will continue to make payments ( money orders with For PC payment -Serial # on it ) and posses the PC.

Are you making payments directly to the Co. ?
If so, and the payments are in your name , you should be able to get a least a confirmation letter from the Co. that the payments have been made by you.
If you pay to the other person, and they start returning the payments, keep copies of the returned envelopes and payments for proof of your attempts.
If the notify the Co. to stop excepting your payments, it's their Credit History, not yours !!

 

[upsetinfla]

Thanks for helping

I have copies from the bank of the checks my friend cashed. And I have my bank statements.

My friend claimed that he/she would only pay back a percentage of the amount I paid because he/she now claims it was like renting. And if I wanted the full amount he would send in payments like I sent to him/her. I do not want to send the computer back. It has my personal information as well as my family members personal information on it.

No, I made out the checks to my friend.

My friend basically refuses any attempts I ask for information on the computer. If it matters the company sent the computer directly to me.

 

[BL]

Do the Checks note what the Money was used for ? This would prove you had a verbal agreement . Even if the checks are not noted for the PC and you had NO other financial dealings with the X Friend, this would be proof you had an agreement to pay , and you should keep the PC.

By all means keep it , and fallow my prior advise ...

As I said if they file small claims it has to be in Your Jurisdiction. They would have to file their and travel.

Simply write a RR Certified letter, stating you have/had an agreement, you have not breached it, and are going to continue to honor it !! Simple is that !! Once the letter is delivered , do not respond to anything other than court papers, and keep making the payments as you agreed..

If they start refusing payments, keep returned copies ( as in my prior post), and deposit the returned money in a seperate savings account ( to show you have the payments it in case your sued ).

 

[stephenk]

Why arent you making payments directly to the finance company? All you need is the address and account number. Avoid the middleman (your "friend")

 

[upsetinfla]

Thanks

Thank you sooooooooo much. You have helped me more than you know. And I learned a much valued lesson...DO NOT BORROW MONEY FROM FRIENDS!

Stephenk- How could I find out the account number if he won't even tell me what the balance or interest rate is? As well as what the "real" minimum monthly payment is. Honestly I don't believe he has been paying the finance company what I have been sending him. And if I wasn't already so far into the payments I would start sending the company the money (after trying to find the account number), but it should be all paid for...minus the "real" interest amount for I do not know what it is. So I am just going to send what the computer company said their lowest rate was. And then deal with it from there. Unless you don't think that's the way to go. Any advice on what to do about the interest amount would be much appreciated. Thank you