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I found an ad on CL for a man selling his car for $9500 and was willing to take monthly payments. We set up an agreement/contract that is notarized stating that I would put $2,000 down and make $380 a month payments. This was in October of 2009 and my last payment was scheduled to be in May of 2011. Everything was great until this January. My mom calls me saying someone is looking for my car to reposess (beginning of February). I was confused since I had made all my payments and was up to date. So I called him the next morning and left a message asking him what was going on and praying it wasn't because he hadn't been making the payments to the bank. He called me back and left a minute long ranting message (cursing etc) saying he hadn't received my January payment and that he was taking the car back. So I called the bank and sure enough the check had not cleared yet. English is his 2nd language so his SIL had been helping us out throughout the process so I e-mailed her and apologized, I know I sent the check, I have a copy of the check and the letter I mailed (I did this and kept a copy every month) and said I would put another check in the mail immediately. WHICH I DID. I called and left another message for him explaining the situation as well. The SIL e-mailed me back that Monday and said he needed to receive it by Friday or he would take the car. I mailed it on Monday. And e-mailed her on Thursday, Friday and the next Monday asking if he'd received it with no response. The check hadn't been cashed (But I know it takes a few days). I e-mailed again on Wednesday and called him as well no response. I assumed at this point that he had received it or he would have contacted me. Then that Thursday I go to leave work and my car is gone. I thought it had been stolen at first. I tried to call him, he put me to voicemail. I e-mailed her SEVERAL times, called him a million times and no response. Finally two days later she writes me saying he's keeping the car and she's not willing to discuss any further. My question is - A. can he do this? I'm in Washington State. I have proof that I've mailed the checks and that I've made the payments. I looked up the repossession laws in Fairhope and it states that if more than 60% of loan has been paid that I have 21 days to pay what is owed and get the car back and then after that he has to give me 30 days notice that it will be sold and I get back any money I paid on the car. I've paid $7,700 and only $1,800 is owed and the car blue books at around $9,500-$10,000. I've written letters, e-mailed and called. And I've now been without a car for 4 months. What legal options do I have and how do I start the process? Any help is GREATLY appreciated!
I did try to deal with this face to face, he refused. I also am aware that since he didn't receive payment that I am considered in the wrong, however trust me the last thing I was trying to do was not pay him. Plus, even if I didn't pay him, the law clearly states that I have a right to regain my possession since I've paid more than 60% of the amount due on the car, so I am curious why you think I would lose in court. I do still have the keys to the car, would it be theft if I went and drove it away?
You breached the contract. Nothing you can do. It isn''t his fault the post office failed you and it is your responsibility to make sure he receives payment. You could have done so much more to prevent this, including paying through paypal, sending the check early or paying the car off early. Perhaps he was looking for an excuse to take the car back, anyways, but you could never prove that. Now you may find a sympathetic judge to side with you in a civil suit, but it certainly is not an open and shut case. As it is presented on paper, I predict you lose. If you can get him to come across as a manipulative, hearless bastard who was looking to take advantage of you, you could win. This is one example of why you need to deal with banks, when financing, and not people.
The ONLY way out of this is a lawsuit. File a lawsuit against the seller to get your car back or your money back. But you made several mistakes here. You should have verified the payment checks clear within one week of sending them. You shouldn't deal with these types of issues over email. It should be face to face. You should have mailed the second check Registered, Return Receipt Requested. That way you'd have written proof (he has to sign for the letter) that he received the payment. Don't assume anything. If you can't verify it, it never happened. If you don't have proof, you don't have anything. Call an attorney, File a lawsuit. This guy is ripping you off. He's going to sell the truck to someone else under the same payment scam and repossess it from them too. How much money do you think he can make by selling the same truck over and over again.
You need to speak with an attorney to clarify the contract you both signed, the state laws and if he complied with the repossession in a legal manner You may have a civil case to get the car or your money back and he may be in violation of the law if he did not comply with the repossession statute. Good luck
I went by ability of a transaction resembling yours. I contacted the corporation he had his personal loan by ability of. They gave me his account form and advised me to make the cashiers look at to them. This became all performed after the guy i became making the acquisition from called the corporation as well. He enable them understand i became paying for the vehicle. He were given the banks fax form. We met at our community library so the corporation might want to fax us papers to signal, they were of the sale and call move. We both signed and faxed them again. I then mailed the cashiers verify on to his economic organisation, I also blanketed copies of the papers we both signed only to be threat-free. The economic organisation then despatched me the call, with my call filled in on the shoppers line. I then had to pass again to this guy and characteristic him signal off on the call as well. It became time eating and extremely complicated. yet a minimum of i became threat-free. it would were plenty a lot less annoying if the corporation would were an section one the position shall we've only lengthy gone in and executed this in a unmarried visit! i am hoping this became truly useful. If I had this to do yet all over again... i'd not! all of it grew to grow to be out ok, yet took almost 4 weeks to finish the transaction!
What a Jackass!! U still must have the key. Go to his house if its on a drive way get in and drive away. If its in his garage, break in and take what belongs to you. Mofo can not be doing that, its Washington everyone has a gun, threaten him and take ur car.
You should have gotten an attorney by now. Do that today.