Personal Vehicle Contract... Please Read

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bgronewald

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I had a personal agreement with a use to be friend who was selling her Tahoe because she could no longer afford the payments due to personal issues. We both agreed that I would take over payments of $375 a month plus insurance. For my personal benefit to get the vehicle paid off faster I offered to pay $600 a month to her for the vehicle and insurance. Also, if I could afford it, I would pay an extra $100 at the end of the month. So I made a payment calendar and marked the weeks that she would be accepting a payment from and the amount. A contract was drawn up, where in the contract it stated that I would pay $600 a month until the truck was paid off and then it would be signed over to me. We both agreed and signed the contract after reading and making any adjustments that either party felt should have been made on August 7th, 2009. On that day I also made my first payment of $300 towards that month. For I only got paid $320 every week, I was to make $300 payments twice a month before the due date. The following week on August 14th I made a payment of $210 due to having to make a cell phone payment, I asked her if that was okay and she stated that was. That following day that I made the payment herself and I were over at her brothers house sitting around discussing things about this vehicle. Her brother made a statement of why I don't just pay $150 every week so that way I have money to go on. Her and I both agreed that that would work. She stated "I do not care how much you give me per week as long as I get the $600 a month." Since we verbally agreed that I would start making $150 every week which would then equal to $600 per month, the previous written payment calendar was not longer in effect due to the new verbal agreement. August 14th was the day that the vehicle become in my possession. Starting the first week of September instead of giving her $150 I was giving her $200 every week, which only lasted the two weeks of September due to her deciding that I supposedly was not keeping my end of the deal and paying $600 a month which then in the middle of the night she came and took the vehicle after we has discussed her receiving another payment the next day. So here is the deal if you are with me yet. I signed an agreement/contract stating that I would pay $600 per month towards this vehicle. This vehicle became in my possession on August 14th, 2009. August 7th I made a $300 payment, August 14th I made a $210 payment, which yes I do agree with her when she says that I still owed $90 for that payment, September 3rd I made a $200 payment and then September 10th I made a $200 payment. Which is when the truck payment was due. The next week I had plan on paying another $200 but she was out of town until 10 p.m. that Sunday which then she contacted me wanted me to get out of bed after already waking me up since I had to get up and go to work the next morning and bring her the payment. I let her know that she would receive it tomorrow after I got off of work. In the middle of the night the vehicle was repo'd along with my possessions that was in there. I had personally installed a radio system that was previously mine prior to this arrangement that she is now not giving back to me. I was never late on a payment and was paying actually extra. Do I have a case in small claims. As far as I see it she was behind 2 payments when I took over the vehicle which she stated was her responsibility in paying and what ever I paid her would go towards the new payments. I believe that she only wanted me to catch them up and had intentions of taking it back. When I had my radio installed she stated to me that she has always wanted a radio system like that but her husband would not allow her to have one and now she will not return my belongings. I agreed that I would pay $600 a month correct, I had the vehicle in my possession from August 14th – September 20th and in the time I paid a total amount of $910.00 to her for this vehicle and which I feel like I kept my end of the contract do I have a case in small claims to take her to court. All I am asking for back is my radio system and $150 due to them taking the truck after I just made the truck payment for them and there was no grounds in repossion other then her wanting it back. Do I have a case???
 
Yes you have a case. Please use paragraphs if you ever post again, its very hard to read one long block of text.

In short, she is bound to the agreement just as you are. Take her to small claims court. You guys should not make verbal amendments to a written contract but you did. I think a judge would rule in your favor especially since the actual payments are only $375.

Just as a side note, I would be careful that she is paying the whole $600 or whatever is suppose to go to the note. If her payment is only $375 she may be pocketing the rest which will leave you in a bad place. You also need proof that she is making any payment at all so you don't pay for several months and end up with the finance company repossessing the truck.
 
Jharris352

When we did make verbal agreements... I also made sure this was wrote down. With the amounts and dates of the payments so that way she couldnt say that we made this agreement. I have everything but the bank statement of the payment being made. I also have a conversation between me and her where she states the amounts received by me and paid the dates etc... when its went down she did state to me that she will give me a copy of the statement so I would have proof that she did make the payments and in the amounts I gave her.

Also when I gave her a payment we had a spreadsheet printed out where I would put the amount the date and initital for the amount ebing received and then she would initial in the next field.

Also, when she took the vehicle back my copy of the contract was in there, she took it and will not give it back to me. I have asked for that and what i believe i should get back and she said has constantly said no.

I didnt think that she has the legal right to take the contract back from me and also keep my radio system that I have proof of purchase two years ago.

Othen the the bank statements and my copy of the contract i have everything else and have made sure I documented everything.
 
Just as a side note, I would be careful that she is paying the whole $600 or whatever is suppose to go to the note. If her payment is only $375 she may be pocketing the rest which will leave you in a bad place.

Ditto. I highly doubt that entire $600 is going to the payment of the vehicle. There is no reason why you can not make the payments on the loan directly rather than going through her.

It sounds like you are putting nearly 50% of your income into this vehicle. You have a recipe for disaster here. You are going to end up out a lot of money with no vehicle to show for it. If you continue to try to work this out, get the vehicle registered in both of your names.
 
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