I purchased a vehicle last year and the used car lot where i bought it financed it. I am now about to finish paying off my vehicle and the dealer claims i owe 8 late fees. This Dealer claims that for every payment in the past year that i have given two days or more after the due date I owe $40.00 for a total of $320.00. When I refused to pay these late fees I referred him to the contract as per why. Dealer refuses to acknowledge our signed contract. i have never been late on my payments more than 10 days. The contract states that i wont be charged a late fee until after 15 days and at a 5% of payment due. The dealer claims that its $40 if payments is late 2 days. I just want to pay but he wont take my payment unless i pay for his bogus fees and he threaten to repo my vehicle. not only that but he filed a police report claiming i threatened him. I admit i did threatened to report him and i did to the OCCC, FTC, Attorney Generals Office, BBB, Texas DMV, and the media. I would like to know if i can sue the dealer i don't want money from him i just want to give my payment and get my title in addition to that I want this man investigated he has been in business for 12years and he assured me that he always charges this fee. This is just one issue with this dealer he also tried to charge me TT&L twice but i caught it and stopped him and he still insisted that i was wrong and that i didn't know about the TT&L. 12 years of bad business! needs to stop!!
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Consumer Law, Warranties Dealer wont take my payment. Can i sue for specific performance?
- Thread Starter robesrs
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army judge
Super Moderator
Specific performance is a remedy.
But, a JP Court can't order it.
If you sue for specific performance, it must be done at the district court level.
That said,however, I don't see that as a likely remedy in your case.
But, a JP Court can't order it.
If you sue for specific performance, it must be done at the district court level.
That said,however, I don't see that as a likely remedy in your case.
mightymoose
Moderator
Send the check by certified mail. His refusal to deposit the check is his own problem.
If he does repo the vehicle he will get himself in a mess and end up owing you. Over a measely $320 it is a wonder why he doesn't just take your money and get you to go away.
If he does repo the vehicle he will get himself in a mess and end up owing you. Over a measely $320 it is a wonder why he doesn't just take your money and get you to go away.
disagreeable
Well-Known Member
Your contract may not provide for reduced interest. If repossession is likely, you should consider paying off, gaining title, then suing in small claims for overcharges.
The thing is if he reposes he breaches our contract I do want to pay off. The contact states the they will use the installment earnings method to recalculate interest in the event of early payoff. I have the dealer on video where he refuses to acknowledge the contract and refuses the payment.
army judge
Super Moderator
You care.
The court won't.
Offer him more money to make this go away.
You'll win a battle, but lose the war.
Someone has to give.
Be smart.
Fix it, don't fight it!
The court won't.
Offer him more money to make this go away.
You'll win a battle, but lose the war.
Someone has to give.
Be smart.
Fix it, don't fight it!
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