LegalMatch Free Legal Advice Forums     
Find A Lawyer Now!
Legal Forum

Go Back   LegalMatch Free Legal Advice Forums > Business Law Forum > Business Disputes
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury
Real Estate Lawyers Immigration Business Lawyers Other Lawyers
Be assured that LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 08-20-2007, 07:12 PM
Junior Member
 
Join Date: Aug 2007
Posts: 2
Default Bad Repo Tactics Invalid Contract?

I purchased a 94 jeep from a used car lot in maui in 2005, for about $6000 over a year of making payments ontime all the time i fell behind when the jeep starting having major problems. When the dealer contacted me about the payment. I informed them that i had hard times because i had just replaced brakes, air intake & filter, and stil had to replace several other parts (body mounts, radiator, emergency break system) just so that i could get a saftey and register the vehicle. I also informed them that the radiator had a big leak and needed to be replaced this was my biggest thing. They said that they could fix it at their shop so that i would have a running vechicle as long as I paid for the towing and cost of repairs verbally estimated at $200. They said that they would have my vechicle back to me with the radiator fixed by the following friday. I went in the following friday and Paid over $400 wich was the cost of tow & repair & partial payment. to get my jeep back. They said that they were waiting to see if i would pay before they would start work ( not what we originally agreed to). Two weeks went by and i called them to see if the jeep was fixed. they said they were still working on it. Over a month had passed and then they finally called me stating that the jeep was done and if i wanted to pick it up i would have to pay $800 to get the vehicle back. I asked to speak with the owner who I set up the agreement with and he refused to talk to me. Over and over again i tried getting in touch with him and he would refuse my calls or not call me back. a week later I got a call from a credit agency stating that it had been turned over to collections.. I am now furious and don't know what to do I only owed $1500 of the original 6000 and they took my jeep for repairs to 30 days to fix it and then repoed it casue they wanted more money. when you calculate it out thats $1200 in a month for a jeep whos payment was only about $250 a month. I also found out from looking at my jeep contract that I am listed as the seller and they(the dealer) are listed as the buyer ( can i use this in any way?) It's not that i don't agree with them about the $1500 owed it's that they held me hostage and are still currently doing so to get money.


Please help i dont know what to do
Reply With Quote
  #2 (permalink)  
Old 08-21-2007, 07:55 AM
Senior Member
 
Join Date: Nov 2006
Posts: 456
Default

Quote:
Originally Posted by helpmeplease View Post
I purchased a 94 jeep from a used car lot in maui in 2005, for about $6000 over a year of making payments ontime all the time i fell behind when the jeep starting having major problems. When the dealer contacted me about the payment. I informed them that i had hard times because i had just replaced brakes, air intake & filter, and stil had to replace several other parts (body mounts, radiator, emergency break system) just so that i could get a saftey and register the vehicle. I also informed them that the radiator had a big leak and needed to be replaced this was my biggest thing. They said that they could fix it at their shop so that i would have a running vechicle as long as I paid for the towing and cost of repairs verbally estimated at $200. They said that they would have my vechicle back to me with the radiator fixed by the following friday. I went in the following friday and Paid over $400 wich was the cost of tow & repair & partial payment. to get my jeep back. They said that they were waiting to see if i would pay before they would start work ( not what we originally agreed to). Two weeks went by and i called them to see if the jeep was fixed. they said they were still working on it. Over a month had passed and then they finally called me stating that the jeep was done and if i wanted to pick it up i would have to pay $800 to get the vehicle back. I asked to speak with the owner who I set up the agreement with and he refused to talk to me. Over and over again i tried getting in touch with him and he would refuse my calls or not call me back. a week later I got a call from a credit agency stating that it had been turned over to collections.. I am now furious and don't know what to do I only owed $1500 of the original 6000 and they took my jeep for repairs to 30 days to fix it and then repoed it casue they wanted more money. when you calculate it out thats $1200 in a month for a jeep whos payment was only about $250 a month. I also found out from looking at my jeep contract that I am listed as the seller and they(the dealer) are listed as the buyer ( can i use this in any way?) It's not that i don't agree with them about the $1500 owed it's that they held me hostage and are still currently doing so to get money.


Please help i dont know what to do
An attorney should review the contracts you've mentioned to make an accurate assessment here, but I think some of your questions may be answered through your local Department of Commerce and Consumer Affairs, in particular whether or not your situation conforms to Hawaii's Lemon Laws. (see Department of Commerce & Consumer Affairs - RICO Overview/Services.) Even if the circumstances don't meet Hawaii's legal definition, I think you may have recourse with the Office of Consumer Protection (Department of Commerce & Consumer Affairs - OCP Overview/Services) when it comes to the dealership's business practices. Accepting your post at face value, it would appear to me that the dealership has caused undue delay in returning your vehicle and I'd question the amount of charges now being presented to you. Have you ever received an itemized bill totalling the amount being quoted to you? What sort of late fees/charges are being included and have they been adequately disclosed? The manager's refusal to adequately answer your questions or even address your telephone calls is a bit questionable as well, in my opinion.

I would suggest all further contact with the dealership be made in writing, via either certified or 'signature required' mail. You are entitled to a detailed bill, either from the collection agency involved or from the dealership itself. (I'd contact both places in writing, personally.) I also believe the Dept of Consumer Affairs may be quite interested in the verbiage of the contract you mentioned, especially as you are now listed as "seller." Sounds to me as if you've inadvertently 'signed over ownership' without being disclosed as well. Again, it's probably advisable to have an attorney review everything.

In the meantime, you can at least begin by contacting that collection agency. You do have certain rights by law and can request they cease further contact. The Fair Debt Collection Practices Act (The Fair Debt Collection Practices Act, in particular, § 805(c). Communication in connection with debt collection [15 USC 1692c]
may be of interest to you.

Hope this helps a bit. Good luck.
Reply With Quote
  #3 (permalink)  
Old 08-21-2007, 02:31 PM
Senior Member
 
Join Date: Nov 2006
Posts: 1,405
Send a message via AIM to GentleGrace
Default

He isn't "now" listed as the "seller", he has always been listed, inadvertently, as the "seller" (in the original purchase document). He isn't listed as the seller on a consecutive document someone is attempting to trick him into signing. Obviously, it was merely a clerical error, not some clandestine attempt at fraud.


A mistake such as calling a buyer a seller and a seller a buyer does not hold the same significance as the same such error might in a criminal trial.

If the posters position is that the contract is somehow invalid since he was called the seller and the seller was called the buyer, he has to extend the nullification of the contract to HIMSELF --not just the seller since he , in fact, accepted those terms ( mistake and all ). This means that his possession and ownership of the vehicle is nullified as well.

Simply put, if the contract is invalid because of a clerical error, the ENTIRE document must be invalid--not just the part the poster does not like. The signing of the contract by both seller and buyer indicates an acceptance of the terms. The poster cannot fault the seller for not "catching" the mistake when he himself did not "catch" it either.

Can't have it both ways.


In any regard, this isn't a trial that is thrown out on a technicality or a failure to follow rules of discovery or some other significant infraction. It is a clerical error that did not result in ANY misunderstanding of the terms and restrictions of the contract. "Oh my god, I thought I was the buyer all this time--and I'm really the SELLER??" Obviously, that is absurd.

The only time a consumer as recourse against an invalid contract that he or she willfully and knowingly signed is if the error led to a definable and substantial misunderstanding of the terms.
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 10:13 AM.

Find Lawyers | Family & Child Custody Lawyers | Divorce Lawyers | Criminal Defense Lawyers
Job & Employment Lawyers | Personal Injury Lawyers | Real Estate Lawyers | Business Lawyers
Immigration Lawyers | Bankruptcy Lawyers | Estate Planning Lawyers | DUI-DWI Lawyers

Marketing for Attorneys | Websites for Attorneys | Law Firm Financing
LegalMatch Reviews | LegalMatch Forums | LegalMatch Family Lawyers | LegalMatch PR
LegalMatch in Austin | LegalMatch Life | LegalMatch Affiliate Program


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.