Well, hello there all. I have a situation, well my sister does:
My gandmother bought a car for my sister three years ago. My sister paid her back as of this August. Well, now my Grandmother is saying that my sister owes her money for the interest on the credit card even though she never told my sister that she purchased the car on her credit card. There is no bill of sale, there are no payment receipts, just verbal agreements. Well my sister is refusing to pay the interest on the credit card because she doesn't feel that she owes it since my grandmother didn't tell her until NOW that she purchased the car on her credit card. My grandmother has apparently contacted an attorney who has contacted my sister saying pay up or get sued. Well, this is where the predicament occurs.
This letter states that unless she pays for the interest there are threats of justice court, civil court, and repossesion of the car. The letter also states that the lawyer cannot believe that a grandaughter would deprived owed money from her grandmother. Also the letter states that the lawyer KNOWS how much money my sister makes, and knows that she can afford to pay my grandmother. This issues I have with this letter are 1. why does the lawyer's personal opinion matter? 2. How does she know how much my sister makes? 3. Why does how much my sister makes have anything to do with this issue. 4. How can they repossess a car thats already paid for & in my sister's name?
To be honest, I suspect my grandmother drafted this letter herself to scare my sister.
NOW, I need to find out if this "lawyer" is really a lawyer.
If grandma has proof that she paid for the car ( credit card reciepts) and can prove there were payments made ( reciepts ofpayments) it is easy to prove there has been a loan made.
It is also not unexpected for interest to be paid, and many courts would allow common or min interest to be added to a loan.
So if it goes to court I would expect granddaughter to lose , esp in small claims court.
If someone is pretending to be an attorney now that is illegal and against the law. so you can compare the name and check with the state bar, and even turn them into the bar for pretending to be an attorney.
I will also be alitle blunt or rude, if grandma was willing to help, actually changed it on a credit card to help her buy a car, she should be bending over backward to pay the interest, it is not grandmas fault and not her debt to pay.
I would tell sister to get off her butt and pay grandma and tell her she is sorry for not being greatful for her help to buy the car
If grandma has proof that she paid for the car ( credit card reciepts) and can prove there were payments made ( reciepts ofpayments) it is easy to prove there has been a loan made.
It is also not unexpected for interest to be paid, and many courts would allow common or min interest to be added to a loan.
So if it goes to court I would expect granddaughter to lose , esp in small claims court.
If someone is pretending to be an attorney now that is illegal and against the law. so you can compare the name and check with the state bar, and even turn them into the bar for pretending to be an attorney.
I will also be alitle blunt or rude, if grandma was willing to help, actually changed it on a credit card to help her buy a car, she should be bending over backward to pay the interest, it is not grandmas fault and not her debt to pay.
I would tell sister to get off her butt and pay grandma and tell her she is sorry for not being greatful for her help to buy the car
There was no loan. My grandmother paid for the car in full, and sister paid her monthly. $75 for 40 months.
Sister was never told the car was being put onto a credit card. My grandmother is wanting her to pay $1005.40 credit interest for a $3000.00 purchase. My sister would have never agreed to the purchase had she known my grandmother was putting it on the card.
Why didn't grandma pipe up earlier about the credit card interest? Makes no sense to me now.
Who knows? She's not the most honest person. Neither my sister or myself have contact with her for some of the hardships she's caused us and the rest of the family. I assume it has something to do with her habit.
But if I were to go to the mall with a friend and they bought me a sweater, and I paid them back. And they came to me 2 months later and told me that I had to pay the credit card interest for the sweater, I'd tell her no way.
Also, I COULD be wrong here, but isn't a letter such as this supposed to be served to the person its addressed to?
No, Very often a lawyer will send a letter trying to intimidate someone. Only if a court action is officially filed would a summons need to be served on the defendant.
I'm assuming there was no written agreement. But I believe Chuck has a point. Unless your sister can prove that the agreement was to pay $75 for 40 months. If Grandma shows she charged the purchase and also shows that she has been applying that $75 towards the card balance, it may become a he said/she said deal as to what the agreement was. In which case a court may side with Grandma because it just makes sense. All Grandma has to say is she told your sister to pay $75/mth until the balance was paid. Your sister may have assumed that meant the purchase price. If Grandma started asking for the interest immediately after that last payment that makes even more sense.
And $1005.40 seems a reasonable amount of interest for the time period.
If I were your sister I would try to reach an agreement with Grandma.
This is NOT going to be a popular post - but here it goes.
This is the legal board and the "advice" MUST be legal, not moral. (I know, I was recently "corrected.")
It goes back to the ORIGINAL agreement - the total price, the number of payments, the amount of each payment. IF the oral contract - which is enforceable - does NOT call for the payment of interest then the contract cannot be changed now.
Again, this is not a moral issue. It's posted on the legal board. The legal advice is that a contract cannot be changed. As far as the letter from the real or pretend Attorney, I've addressed that.
The relationship between the Grandmother and Granddaughters is best addressed on another board.
Location: Shoveling snow from my driveway into your driveway.
Posts: 8,336
Quote:
Originally Posted by ChihuahuaMomma
Is that site updated fairly often? I found the lawyer's name but not with the same law firm or address.
In that case I have a suggestion for you. Use the reverse telephone tools and look up the phone number on the letterhead and see who it comes back to. Do the same using reverse address as well and see who the address comes back to.
I have no idea how often the Bar updates their site. You can also check the Oregon Bar website and see what this lawyer's last address and phone number is. Those state bar sites give good info as well. And you can also call up the Oregon Bar and see if he had amended his address with them. The same with the Lane County Bar. See if his address matches with the one on the letterhead.
I personally can't fathom an attorney actually writing such stuff either. He just may be a figment of your grandmother's imagination as well.
From her prior history of doing dasterdly deeds to your family this is obviously her MO. Be nice to someone and then years later come back and make an illogical demand.
I agree with Judy on this one. Out of greenies, JKT, sorry!! Have to spread more love around pronto!
No, Very often a lawyer will send a letter trying to intimidate someone. Only if a court action is officially filed would a summons need to be served on the defendant.
I'm assuming there was no written agreement. But I believe Chuck has a point. Unless your sister can prove that the agreement was to pay $75 for 40 months. If Grandma shows she charged the purchase and also shows that she has been applying that $75 towards the card balance, it may become a he said/she said deal as to what the agreement was. In which case a court may side with Grandma because it just makes sense. All Grandma has to say is she told your sister to pay $75/mth until the balance was paid. Your sister may have assumed that meant the purchase price. If Grandma started asking for the interest immediately after that last payment that makes even more sense.
And $1005.40 seems a reasonable amount of interest for the time period.
If I were your sister I would try to reach an agreement with Grandma.
Grandma didn't ask for payment for interest, and didn't reveal to sister that she even put it on the card until two months ago when the balance was paid off.
Linear Mode
