Kirby vacuum

L

Laura227

New Member
Jurisdiction
Ohio
So I made the mistake of entering into a contract for a Kirby vacuum cleaner. Within a month I contacted the gentleman who sold it to me and he said that if I didnt pay he would have to repo it. That's fine. I decided to keep it for that day. My payment came due about a week later and it overdrafted my bank account so I stopped payment on it. This was in Auagust of 2019. Mind you, I contacted him again and told him I didnt want it, told the finance company that i didn't want it when they called to collect, nothing ever came of it. So over 6 months after the sale, the gentleman who sold it to me messages me on Facebook saying he needs to repo the vacuum. I didn't want the thing, had already accepted that it was going to butcher my credit, so my son wanted it. I figure he can have it and I'll either settle for a lower price at a later time or whatever. Now he is telling me that it is illegal to give away, that they can prosecute me and I can go to jail and that I have to give it back. I'll pay for the thing in full before I take it back from my son.
My question is, will I go to jail for not giving it back through their "repo" process?
Can I wait to settle with them at a later time or are the police going to come knocking on my door?
 
Laura227 said:
Now he is telling me that it is illegal to give away, that they can prosecute me and I can go to jail
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It's BS. He's trying to scare you into returning it.

The worst that can happen is that you get sued for the money.

Though I suggest you settle up now instead of later.
 
adjusterjack said:
It's BS. He's trying to scare you into returning it.

The worst that can happen is that you get sued for the money.

Though I suggest you settle up now instead of later.
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Thanks. I thought so. I'll pay it but I didnt want it to overdraft my account and when I asked the finance company to move the due date out a week they said it wasnt possible to change the day, which I know if crap because I have worked in customer service and changed plenty of due dates just so we could get paid. Mind you it was for phone bills and cable service but if you want to get paid then work with your customers. It was coming out with my rent and my car payment.
I'll take care of it when the finance company or collection company calls to settle up. I asked them more than once to take it back and I have proof of those conversations. Then they wait 5 or 6 months down the road and come and say they are gonna repo it?? No way. My kid can have it and I'll pay about $900 instead of $1600 and they will wrote off the difference on their taxes.
 
Laura227 said:
Now he is telling me that it is illegal to give away, that they can prosecute me and I can go to jail and that I have to give it back.
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He's either clueless on the law or lying to you. I suspect it's a bit of both. It is not illegal to give it away and you're not going to jail for not giving it back. If they got a security agreement from you at the time of the sale AND they properly recorded the financing statement then they could repo the vacuum from your son. Chances are they didn't file the financing statement and even if they did they likely wont bother chasing the vacuum down anyway. More likely the creditor will just sue you for the money owed.
 
Laura227 said:
will I go to jail for not giving it back through their "repo" process?
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No.

Laura227 said:
Can I wait to settle with them at a later time
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Settlement requires mutual agreement, so the timing is at least partly within your control.

Laura227 said:
are the police going to come knocking on my door?
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Not for something like this.
Laura227 said:
I'll pay about $900 instead of $1600
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$1,600 for a vacuum?! What does the thing do? Fly? Don't be surprised if the creditor refuses to give you such a substantial discount.
 
Laura227 said:
My question is, will I go to jail for not giving it back through their "repo" process?
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No. It is not illegal to give away..you should not expect them to reduce the price. Expect full price plus penalties for late payments.

Laura227 said:
I asked them more than once to take it back and I have proof of those conversations.
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Did you follow the procedure your contract works out for returning the vacuum? If not, nothing else will matter. Your calls alone were likely insufficient.

Laura227 said:
My kid can have it and I'll pay about $900 instead of $1600 and they will wrote off the difference on their taxes.
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True, but they could also sue you for the difference and garnish your wages and further ruin your credit .
 
Laura227 said:
when I asked the finance company to move the due date out a week they said it wasnt possible to change the day, which I know if crap because I have worked in customer service and changed plenty of due dates just so we could get paid. Mind you it was for phone bills and cable service but if you want to get paid then work with your customers
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Not this time. Kirby is a scam. Like a time share, they rope you into an iron clad contract and never let you out or modify it for you. You aren't likely to be able to negotiate a discount and the debt will keep growing until you pay it off completely.
 
My son lives 3 hours away, if they want to drive up there and get it from him I'll tell him to hand it over. I honestly dont even care to pay for it but they would move the payment out even one week so oh well. I'll get to it when I get to it. Suing someone takes time. I can pay it in full before they even file the papers. I have record of all of our conversations so I'll do what I can and they can go away. If the thing has already and will continue to ruin my credit then I'm keeping it. Whether it's my son has it or whatever, I'll keep it but on MY time. Guess someone needs to teach them what customer service is.
Tax Counsel said:
He's either clueless on the law or lying to you. I suspect it's a bit of both. It is not illegal to give it away and you're not going to jail for not giving it back. If they got a security agreement from you at the time of the sale AND they properly recorded the financing statement then they could repo the vacuum from your son. Chances are they didn't file the financing statement and even if they did they likely wont bother chasing the vacuum down anyway. More likely the creditor will just sue you for the money owed.
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Zigner said:
You sure are nonchalant about this when it's YOU who are the problem.
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I admitted I made a mistake even getting into the contracr. I took action to try to rectify that by telling them NUMEROUS times I did not want it. I told them more then once I would pay but you can only pay on autodebit and they wouldn't change the date. I am 100% at fault and if you read correctly I said that I would take responsibility. I knew it would wreck my credit. I am willing to deal with that since I was the one who allowed myself to be bamboozled. What I wont do is allow them to destroy me and my credit and reputation and then still keep the fruits of their insanity. I am not driving 3 hours because they wanted to wait so long that it totally forgot about the whole deal. Out of sight out of mind. I am not nonchalant. I am willing to do my part. They certainly are not willing to do theirs when I asked multiple times for them to come get it!
 
Laura227 said:
I admitted I made a mistake even getting into the contracr. I took action to try to rectify that by telling them NUMEROUS times I did not want it.
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That's not an optoin
I told them more then once I would pay but you can only pay on autodebit and they wouldn't change the date.
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That's not a choice.
I am 100% at fault and if you read correctly I said that I would take responsibility. I knew it would wreck my credit. I am willing to deal with that since I was the one who allowed myself to be bamboozled. What I wont do is allow them to destroy me and my credit and reputation and then still keep the fruits of their insanity.
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Huh?
I am not driving 3 hours because they wanted to wait so long that it totally forgot about the whole deal. Out of sight out of mind. I am not nonchalant. I am willing to do my part. They certainly are not willing to do theirs when I asked multiple times for them to come get it!
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They don't have to come and get it...they can simply sue you for it.
 
zddoodah said:
No.



Settlement requires mutual agreement, so the timing is at least partly within your control.



Not for something like this.


$1,600 for a vacuum?! What does the thing do? Fly? Don't be surprised if the creditor refuses to give you such a substantial discount.
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My sisters appliance store sold vacuums (high end) that went for over 2k. They don't fly but they practically do the job themselves...;)
 
mightymoose said:
Your part is defined in your contact. It sounds like you want them to abide by your terms that were not agreed to in the contract.
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Not at all. I wanted them to take the vacuum back MONTHS ago. I realize they can ruin my credit. Trust me, they already have. I'm not arguing that I owe them. I just asked the question because they said they were going to call the police. I dont know about civil suits or if police get involved. I'll pay them, like I tried to. If they dont want to work with me then I dont care to abide by a contract that I tried to cancel within the first 30 days.
 
Laura227 said:
Not at all. I wanted them to take the vacuum back MONTHS ago.
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They don't HAVE to take it back.
If they dont want to work with me then I dont care to abide by a contract that I tried to cancel within the first 30 days.
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The contract doesn't require them to "work with you".

Again, YOU are the problem here...not Kirby and not the salesperson.
 

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