QUESTION
Deficiency Balances After Repossession
Asked on Oct 20th, 2014 on Debtor and Creditor - Florida
More details to this question:
I had a car repossessed in late 2008. In Dec of 2011 I signed a stipulation to pay the deficiency. I have been making payments since then. Lately the bank I make payments to is saying they are not receiving the payments although nothing has changed in the way I've been making payments for the past 3 years. They are saying that if I do not make my payments (although I am and have proof) they will default the account. Mind you when the car was repossessed I was never given the chance to pick up my property from the car or a chance to be at the auction. I was left with a deficiency of over $11k + court and legal fees which bumped it up to around $17k. I was in the military when all court documents were served and living in a different state. I have payed over $6k + the $13k of what the car sold and payments made while financing this car. Are they breaching the contract by not excepting the payments? Is this an example of unjust enrichment by the bank? Any help would be appreciated.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
There are simply too many variables to sort this out absent you simply retaining a lawyer to do so. Youhave a signed agreement, with a dispute about the bank not actually getting the money, and then inject a military SSRA issue in the mix after the fact and complaints about the repo conduct from years ago. At a core level this sounds like the bank claiming it is not getting paid the money at all, irrespective of how you have making the payment to them. I presume you have negotiated checks for all payments to show reciept of the payment made, as if the proof is imply proof of mailing, you will likely find yourself on the wrongside of that issue. If you have additional concerns, we do offer FREE initial consultations at 1-800-922-6442, to determine if we can provide further assistance.
Answered on Oct 20th, 2014 at 9:34 AM
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