What is the name of your state? CA
Back in 05/2006 we took over payments on a vehicle from a private owner. She was offering pmt take over because she had left her off and on again boyfriend whom was a co-signer on the original contract he apparently was not making the vehicle pmts. She typed up a document with stipulations with a key few for my issue:
(10 of 12) If buyer fails to pay monthly pmts on time, there will be a $20.00 late fee;
(11 of 12) If buyer has not made pmt after 15 days of the due date stated above (25th of each mth), the seller will repossess the vehicle listed above.
With these two key stipulations in mind yesterday my husband received a verbally threatening call from the now on again boyfriend stating that he received a call from the finance company saying the pmt has not been received. I then was called by my husband asking what’s going on with the pmt. I mailed it out on the 21st so it would be there on time but apparently it had not arrived so I immediately figured I'd better go to make a wire transfer pmt with Money Gram. About 5 minutes after I made the pmt my husband called yelling that the truck was "repossessed". After a bunch of telephone tag I finally spoke with the boyfriend he didn’t care that the pmt was made as he decided that he and his gf will keep the truck because we seem "unreliable" on making pmts. Now, going back we assumed the pmts in May 2006 this in now Oct 2007 - we have made every single pmt as well as made insurance pmts directly to the owner as per our contract, give or take a few days the pmt sometimes was a few days late but never critically late to void our contract.
Now we are out on a vehicle that we paid continual pmts, maintenance and cared for the last 15 mths. I didn't care for this whole take over pmts thing but figured it would all be fine. Is this something I can take to Civil or Small Claims court to get some or all of my payments since we technically did not default on our contract?
Back in 05/2006 we took over payments on a vehicle from a private owner. She was offering pmt take over because she had left her off and on again boyfriend whom was a co-signer on the original contract he apparently was not making the vehicle pmts. She typed up a document with stipulations with a key few for my issue:
(10 of 12) If buyer fails to pay monthly pmts on time, there will be a $20.00 late fee;
(11 of 12) If buyer has not made pmt after 15 days of the due date stated above (25th of each mth), the seller will repossess the vehicle listed above.
With these two key stipulations in mind yesterday my husband received a verbally threatening call from the now on again boyfriend stating that he received a call from the finance company saying the pmt has not been received. I then was called by my husband asking what’s going on with the pmt. I mailed it out on the 21st so it would be there on time but apparently it had not arrived so I immediately figured I'd better go to make a wire transfer pmt with Money Gram. About 5 minutes after I made the pmt my husband called yelling that the truck was "repossessed". After a bunch of telephone tag I finally spoke with the boyfriend he didn’t care that the pmt was made as he decided that he and his gf will keep the truck because we seem "unreliable" on making pmts. Now, going back we assumed the pmts in May 2006 this in now Oct 2007 - we have made every single pmt as well as made insurance pmts directly to the owner as per our contract, give or take a few days the pmt sometimes was a few days late but never critically late to void our contract.
Now we are out on a vehicle that we paid continual pmts, maintenance and cared for the last 15 mths. I didn't care for this whole take over pmts thing but figured it would all be fine. Is this something I can take to Civil or Small Claims court to get some or all of my payments since we technically did not default on our contract?
