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Car company towed car after saying it would not???
I am late on a payment for my cay, I was given a verbal extension until this afternoon to bring the money in, which I am prepared to do. I woke up to find that my car had infact been towed while I was asleep. I spoke to the person handling my case, he only responded that there is nothing he can do. I argued that he had given me an extension and this was unfair. I then asked what I would have to do to regain possession of the vehicle. He informed me to pay the late payment, with this months included that is not due yet. I agreed, he then told me that I would have to pay what the towing company is charging. I called them up and they told me they are charging me 548.00, plus a daily fee of 100.00. The company I am buying my car from says I have 10 days to pay them before my car geos to auction. Is there anything I can do because I was given a verbal extension of the payment and the car was taken anyway?? Thanks!
5 Answers
- 1 decade agoFavorite Answer
take them to judge judy are any court system and fight for your rights
- Gypsy GirlLv 71 decade ago
If they are not honoring the verbal agreement, they will probably not admit to it in court, which means that you have no proof of this extension. Sorry, but I think your out of luck. You could go to court, but without proof, I don't think you will get anywhere.
When they sell the car at auction, if they don't get enough to cover the remainder of the loan plus repo fees, you will still have to pay whatever is left. Depending on the actual value of your car, that could be quite a bit. Repo fees will include the towing and storage fees, plus whatever they feel the need to do to the car to make it sellable. There really is no limit to these fees.
If it is possible, I suggest you find the extra money to pay it today. If you cannot do that, then don't pay them anything until after the car is sold. I do know that you will not get another car loan (or any kind of loan) until this one is paid off. If you refuse to pay it, they might take you to court, and then they can charge you legal fees as well.
It's a tough situation. I wish you the best of luck.
- 1 decade ago
You should seek the advise of a lawyer in your area.
Generally speaking, a verbal extension will not carry any weight in court, because under the law of contracts, the written instrument is the entire contract. In fact, if you read your contract, you will probably find an express provision that the written contract is the whole contract and any verbal alteration is void. Your contract probably also specifies what constitutes a breach on your part and the remedies available to the finance company.
Next time, contact the finance company before you become late and work out arraingements to make sure your car is not repossessed.
Good luck!
- santellaLv 44 years ago
Why is the motorcar being towed? in case you had it towed because it replaced into not operating - this may impact the price of the completed loss motorcar. as far as a finished loss is going...... In maximum states: if the price to fix the motorcar (consisting of parts and complicated artwork) equals or exceeds seventy 5% of the motorcar's value then the coverage company has to declare the motorcar a finished loss. If the motorcar replaced into not operating - so that you towed it - that reduces the automobiles value and the seventy 5% threashold is decrease. as far as settling a finished loss is going....your coverage has a clause in it that announces the coverage company has to guard the lienholder's interest (A loss payee clause). meaning...first funds is going to the finance company and something else is going to you. So...even as the corporate entire losses your motorcar - they're going to purchase it from you. They deliver the money to the finance company and the finance company sends the identify to the coverage company. You both signal the identify over to them or signal a POA. as far as suing the tow company.....if the coverage company will pay you for the motorcar - you won't be able to sue the tow company because you've transferred the right of restore to the coverage company. you're literally not attending to be paid by the coverage company for the motorcar and by the tow company. You personal one automobile and easily get to be paid for it one time. Now...in case you imagine the motorcar may be repaired for far less.....have your body save flow out and look on the motorcar and write an estimate for the fix. If the body guy says he can fix the motorcar for decrease than seventy 5%, the coverage company may nicely be able to do an agreed fee with you. meaning - they comply with settle with you (and the finance company will be listed on the examine) for the quantity of the body guy's estimate a lot less your deductible. If the upkeep exceed the agreed quantity - you should pay that out of pocket. The coverage company received't pay any extra. besides the undeniable fact that - not all states enable an coverage company to attempt this. Odds are - if the coverage company says the motorcar is a finished loss -- that is a finished loss. enable the motorcar flow.
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