can I take this to small claims court
We had a car that we were leasing. On January 26th 2005 the car was repossessed because we had no insurance on it. It wasn't being driven it was stored while we were looking for cheaper insurance.
It was repossessed. We aren't fighting the repo, we are fighting the amount they are charging after the repo.
When the car was taken on Jan 26th we called to ask them to give us time to find insurance we could afford. They told us we had until the 12th of Feb 2004 to ge the insurance. On Feb 02 2005 we arranged insurance on amonthly basis which is what we had origionally but wee found an insurance company that was 2000.00 cheaper.
We had all the nessasary papers faxed to the leasing company to prove we had insurance.
The leasing company said " sorry, unless you pay insurance for a year in full, we are selling the car"
Nothing in the original lease says we have to pay insurance in full.
We arranged the insurance, paid for first and last month and thought that was all there was to it.
They sold the car on February 12th while we still had insurance on it. We continued to pay insurance premiums for 3 months.
We got a bill from the leasing company in March saying we owed 6000.00 for the balance of what they din't get when they sold it.
We want to take them to court to have the 6000.00 removed from our credit record and need to know if we can charge them with unfair business practice since we did do what they asked and out the insurance on but they changed their mind about the insurance.
The car was also sold way below fair market value.
If we can file, does the statute start from when we got the bill for the balance.