Can one company rep disregard verbal agreement made with another company rep?

[advise_me]

Please help! I allowed my car insurance to lapse 4 months while I was unemployed and the financier of my car deducted half of one of my car payments ($293.) to cover their own added insurance. (This wasn't explained to mr till last Saturday). Once I reinstated my own insurance, the financier cancelled theirs but I never knew that my payments were now classed as late and 30 days past due, (the amount of $157.).
I called the financier on my ownl ast Saturday and a courteous rep explained the problem and asked when I could make a payment to become current. I told her either that following Mon. or Tues. Monday was a national holiday so I mailed the payment from the post office Tuesday morning before 10am.
I then received a call from a different rep that Tuesday evening after 6pm and we bumped heads. I didn't like his attitude and vice versa. So he states that he's going to reposess my car. I stated, my payment for all that I owe ($465.) was already in the mail and that was per the conversation I had with a different company rep on Saturday. I also mentioned that I had a grace period for my regular payment not due till 10 days after the due date. He claimed I didn't have a grace period and to read my contract. I did and it didn't say anything. Mind you I've been using my grace period for 1 1/2 years while making payments. Never a problem.
So I'm hiding my car till my check clears and I know they received the check on Wed. because they are in Valencia, Ca. and the check was sent from Los Angeles.
Can he disregard a verbal agreement made with a different rep because he didn't like my attitude. I asked if the call was being recorded in the event I have to go to court with that company and he said yes. Thanks for any response and sorry so lengthy!

 

[Michael Wechsler]

Lengthy is always best for posting as the more information the better. You may want to get a fax number and document your conversation and agreement in that manner if necessary. Whether or not this person has the right to repossess your car would likely be governed by the contract you signed. My guess is that this will never happen but you probably want to make sure. You may be best off calling back, talking to another rep, and then confirming that conversation via e-mail or fax so that, in the event something happens, you are covered -- again, you must look to the words of your contract to see what your rights are and which will provide you the best protection and assurance of what will likely happen.

Do note that some are under the misconception that an agreement to make a payment that they were required to make is a contract. The argument is that this is not really a separate contract because in order for there to be an 'agreement' that is binding in this manner, there are a few things required: (1) an offer and acceptance, and (2) each party providing 'consideration' or some type of benefit. If you owe money then you aren't really providing 'consideration' because you owed the money. In a situation like yours there is some gray area because of confusion that I would not want to take a chance on repossession but don't be confused by the 'rights' one has agreeing to make payment on a debt that they owed.

Originally posted by advise me
Please help! I allowed my car insurance to lapse 4 months while I was unemployed and the financier of my car deducted half of one of my car payments ($293.) to cover their own added insurance. (This wasn't explained to mr till last Saturday). Once I reinstated my own insurance, the financier cancelled theirs but I never knew that my payments were now classed as late and 30 days past due, (the amount of $157.).
I called the financier on my ownl ast Saturday and a courteous rep explained the problem and asked when I could make a payment to become current. I told her either that following Mon. or Tues. Monday was a national holiday so I mailed the payment from the post office Tuesday morning before 10am.
I then received a call from a different rep that Tuesday evening after 6pm and we bumped heads. I didn't like his attitude and vice versa. So he states that he's going to reposess my car. I stated, my payment for all that I owe ($465.) was already in the mail and that was per the conversation I had with a different company rep on Saturday. I also mentioned that I had a grace period for my regular payment not due till 10 days after the due date. He claimed I didn't have a grace period and to read my contract. I did and it didn't say anything. Mind you I've been using my grace period for 1 1/2 years while making payments. Never a problem.
So I'm hiding my car till my check clears and I know they received the check on Wed. because they are in Valencia, Ca. and the check was sent from Los Angeles.
Can he disregard a verbal agreement made with a different rep because he didn't like my attitude. I asked if the call was being recorded in the event I have to go to court with that company and he said yes. Thanks for any response and sorry so lengthy!