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sumthinreal · Dec 6, 2007, 10:37 PM

I bought a car in 06 and I have been paying on it every two weeks. I have been a little behind but I still pay or talk to someone about when I will pay... I have never lost communication with these people. I am only one payment and some late charges behind Monday I made a payment on the due date of my next payment I spoke with the person at the place about me paying another payment before the next is due. I thought everything was fine.. I wake up 2 days later and my car was gone... after my payment amount was taken out of my account and made arrangements to get current is that legal?

JudyKayTee · Dec 9, 2007, 03:04 PM

Originally Posted by sumthinreal

i bought a car in 06 and i have been paying on it every two weeks. i have been alittle behind but i still pay or talk to someone about when i will pay... i have never lost communication with these people. i am only one payment and some late charges behind monday i made a payment on the due date of my next payment i spoke with the person at the place about me paying another payment before the next is due. i thought everything was fine.. i wake up 2 days later and my car was gone... after my payment amount was taken out of my account and made arrangements to get current is that legal?

Yes - you are in arrears, apparently it's habitual, they lost patience. The person you spoke with on the phone may or may not have had the authority to make an arrangement with you. The only way to keep the car would have been to actually bring the payments current, not just make arrangements to bring them current.

ScottGem · Dec 9, 2007, 03:09 PM

You need to get out your contract and see what it says. It should detail under what conditions they can repossess. However, unless you have a payment agreement in writing, they do not have to honor it.

sumthinreal · Dec 9, 2007, 05:30 PM

Originally Posted by ScottGem

You need to get out your contract and see what it says. It should detail under what conditions they can repossess. However, unless you have a payment agreement in writing, they do not have to honor it.

OK but I got this From the 'Lectric Law Library's stacks
Vehicle Repossession

However, if your creditor has agreed to accept your late payments or
To change your payment date, the terms of your original contract may
No longer apply. Such a change in your credit contract may be made
Orally, in writing, or, sometimes, simply by your creditor's repeated
Acceptance of late payments without complaint.

So does this not apply to me

ScottGem · Dec 9, 2007, 05:32 PM

Don't know what the 'Lectric Law Library is, but I disagree with them. Its possible that may be the case in certain areas, but its not generally true.

JudyKayTee · Dec 10, 2007, 05:31 AM

Originally Posted by sumthinreal

ok but i got this From the 'Lectric Law Library's stacks
Vehicle Repossession

However, if your creditor has agreed to accept your late payments or
to change your payment date, the terms of your original contract may
no longer apply. Such a change in your credit contract may be made
orally, in writing, or, sometimes, simply by your creditor's repeated
acceptance of late payments without complaint.

so does this not apply to me

Don't know what that law library is but even if that applies to you a contract requires a meeting of the minds and joint benefit - obviously there was no meeting of the minds, thus, a repo -