I took over car payments from an individual and we do have a signed contract. I have known and worked with this individual that I bought the car from for over 10 years. First mistake I trusted him...He told me the car had a 100,000 mile warranty but in fact an 80,000 mile warranty. I made payments every month. The contract does state 5 day grace then $10.00 dollars a day for each day late/not paid.
Then he was in a bind a year later and asked if I could also take over his Jeep payments. Again signed contract. Had a broken windshield that he said he would pay for. He lives in Austin and I live in Dallas. His daughter had the Jeep in Dallas and I went and pick up the Jeep. The Jeep also had a dent in the left front fender. Seller said he was not aware of that and his daughter when he asked her said she knew nothing about the dent.
A year later his son was not paying for his Mazda (ron was the co-signer)and wanted to know if my son could take over those payments. So now I have been actually paying on 3 cars.
To be honest with you we had such a casual type agreement about the small stuff that I never worried about the warranty, windshield, dent, etc....but did ask him about these issues several times but again wasn't on my priority list and never pressed the issues. I really didn't pay much attention to the exact due date but rather transferred funds from my account to his account every month for all 3 vehicles. This is the kind of relationship we had....one day I asked him what day of the month is which one due....(1st, 17th, 27th) We laughted about it because he couldn't remember which one was due when, etc....and when he mistakened the warranty mileage his comment was, well I can get you a good deal on a new warranty but he never did. 15 months after taking over the Jeep the windshield still had not been replaced or dent repaired. The last 2 years the A/C has not worked in the 1st car. Had hoses replaced, diagnostic tests, etc, etc....warranty ran out and there seems to be an electrical problem with car #1 (E320 Mercedes). Vehicle #2 Jeep I finally had the Windshield and Fender fixed and paid for both. I did subtract the windshield amount from next Jeep note but he claims he was never aware of the dent in fender so I just got all fixed at one time and moved on....Seller kept telling me to just file windshield on my insurance but I did not because that would not be true claim. Vehicle #3 unlike #1 & 2 I know exactly how many payments were left to pay off and now I can not get this information from him (it was not listed on the contract like the other 2 contracts).
Late fees have never been brought up or an issue. There were a couple of times I did have a cash flow crunch and always let seller know and told him I would pay both payments on (#1) and a couple of times on (#2) such and such date, he said fine. Again no mention of paying any late fees...verbally or in writing. (other then the original contract) Never said to me you need to pay these late fees or else....again very casual working/friend relationship.
When I deducted the windshield from my next payment he was mad and things went down hill from there....our business together was damanged now too. We are in the insurance business together and I am his manager. He went behind my back and talked trash about me to my carriers, got moved out from under me and working with another manager. Blamed me for his lack of production, sent me a text message simply stating "you are f-----". I have continued to pay for all 3 vehicles and for the last month I have asked him for the exact pay offs so we could just wrapped things up and go our separate ways. He has ignored any and all request.
I have 3 payments left of Car #1 and 5 payments left on Jeep #2 totalling $4700 dollars. As of right now I am paid up through August. Monday July 12th I received a certified letter from his Attorney stating I was in default of our agreement and I was to return car #1 and Jeep #2 since I have not paid the late fees. He list that I owe $4100.00 dollars in late fees. He did not list car #3 because that car is no where near pay off and as a matter of fact, how stupid for me not to have seen in the contract there is no end date for # of payments for car #3. And he refuses to give me any info regarding car #3.
I contacted his attorney and he was very rude with me and said why don't you just call Ron and work this out...I said I have been trying now for 2 months and tried to call him before I called you. Lawyer said, look I am sure there are other circumstances involved and we are dealing with a reasonable guy here. Why don't you send me an offer and I will get back with you. July 11th I sent lawyer an email per his request and still have heard nothing.
Do I have any re course here other then paying these erroneous late fees in order to get my tiltles once payments are all paid?
I have been trying to pay off these 2 cars the last couple of months and I wanted to send final pay off and total amount to the lien holders rather then total pay off to his account....he knew this and ignored every one of my requests. Now with this $4100 dollar late fee I have held off on paying the cars off...I can't afford to do both and not even sure if I pay the late fees that he won't still come and take my 2 cars.
Offered to trade the cars in and to give me something in writing that he will turn over the titles....still nothing.
Do I have an equitable defense of any kind due to good faith, fair and equitable or his lack of acting in a timely manner with regards to late fees, etc???
Personally every one that knows about this situation in our circle, states he is just wanting the cars back now that you have paid for them. Also he is been telling other agents that he is out to bury me, ruin me and making comments that I am a stupid female....I feel he is trying to take full advantage of me.
If I was not paying the notes in a timely manner then why would he offer me a 2nd car and then a 3rd car.
Why is he only asking for the 2 cars and not all 3?
Car #1 - 9-22-06 contract date
Car #2 - 10-17-2007 contact date
Car #3 - 5-5-2008 contract date
Why hasn't his lawyer gotten back with me as promised. I feel Ron is dragging this out by not responding knowing full well I will make these payments, pay off, etc so once again he is "sitting on his rights"....can he do that?
What can I do or should I do to resolve this matter.
Willing to hire an attorney to write a letter to his attorney but want someone who knows my rights, if any, use them and force this guy to do what is right and fair and turn over my titles because I did pay for these cars. And never in a million years would I have thought he would come after me for late fees which is why I mention all the other small stuff like warranties, windshield, fender, etc....OR if you tell me I am screwed with the late fees issue then I will pay but I just need to know so I know how to proceed and get my titles and get away from him.
Then I will have to figure out next step for the 3rd car but want to resolve these 2 first.
Sincerely,
swalton
Then he was in a bind a year later and asked if I could also take over his Jeep payments. Again signed contract. Had a broken windshield that he said he would pay for. He lives in Austin and I live in Dallas. His daughter had the Jeep in Dallas and I went and pick up the Jeep. The Jeep also had a dent in the left front fender. Seller said he was not aware of that and his daughter when he asked her said she knew nothing about the dent.
A year later his son was not paying for his Mazda (ron was the co-signer)and wanted to know if my son could take over those payments. So now I have been actually paying on 3 cars.
To be honest with you we had such a casual type agreement about the small stuff that I never worried about the warranty, windshield, dent, etc....but did ask him about these issues several times but again wasn't on my priority list and never pressed the issues. I really didn't pay much attention to the exact due date but rather transferred funds from my account to his account every month for all 3 vehicles. This is the kind of relationship we had....one day I asked him what day of the month is which one due....(1st, 17th, 27th) We laughted about it because he couldn't remember which one was due when, etc....and when he mistakened the warranty mileage his comment was, well I can get you a good deal on a new warranty but he never did. 15 months after taking over the Jeep the windshield still had not been replaced or dent repaired. The last 2 years the A/C has not worked in the 1st car. Had hoses replaced, diagnostic tests, etc, etc....warranty ran out and there seems to be an electrical problem with car #1 (E320 Mercedes). Vehicle #2 Jeep I finally had the Windshield and Fender fixed and paid for both. I did subtract the windshield amount from next Jeep note but he claims he was never aware of the dent in fender so I just got all fixed at one time and moved on....Seller kept telling me to just file windshield on my insurance but I did not because that would not be true claim. Vehicle #3 unlike #1 & 2 I know exactly how many payments were left to pay off and now I can not get this information from him (it was not listed on the contract like the other 2 contracts).
Late fees have never been brought up or an issue. There were a couple of times I did have a cash flow crunch and always let seller know and told him I would pay both payments on (#1) and a couple of times on (#2) such and such date, he said fine. Again no mention of paying any late fees...verbally or in writing. (other then the original contract) Never said to me you need to pay these late fees or else....again very casual working/friend relationship.
When I deducted the windshield from my next payment he was mad and things went down hill from there....our business together was damanged now too. We are in the insurance business together and I am his manager. He went behind my back and talked trash about me to my carriers, got moved out from under me and working with another manager. Blamed me for his lack of production, sent me a text message simply stating "you are f-----". I have continued to pay for all 3 vehicles and for the last month I have asked him for the exact pay offs so we could just wrapped things up and go our separate ways. He has ignored any and all request.
I have 3 payments left of Car #1 and 5 payments left on Jeep #2 totalling $4700 dollars. As of right now I am paid up through August. Monday July 12th I received a certified letter from his Attorney stating I was in default of our agreement and I was to return car #1 and Jeep #2 since I have not paid the late fees. He list that I owe $4100.00 dollars in late fees. He did not list car #3 because that car is no where near pay off and as a matter of fact, how stupid for me not to have seen in the contract there is no end date for # of payments for car #3. And he refuses to give me any info regarding car #3.
I contacted his attorney and he was very rude with me and said why don't you just call Ron and work this out...I said I have been trying now for 2 months and tried to call him before I called you. Lawyer said, look I am sure there are other circumstances involved and we are dealing with a reasonable guy here. Why don't you send me an offer and I will get back with you. July 11th I sent lawyer an email per his request and still have heard nothing.
Do I have any re course here other then paying these erroneous late fees in order to get my tiltles once payments are all paid?
I have been trying to pay off these 2 cars the last couple of months and I wanted to send final pay off and total amount to the lien holders rather then total pay off to his account....he knew this and ignored every one of my requests. Now with this $4100 dollar late fee I have held off on paying the cars off...I can't afford to do both and not even sure if I pay the late fees that he won't still come and take my 2 cars.
Offered to trade the cars in and to give me something in writing that he will turn over the titles....still nothing.
Do I have an equitable defense of any kind due to good faith, fair and equitable or his lack of acting in a timely manner with regards to late fees, etc???
Personally every one that knows about this situation in our circle, states he is just wanting the cars back now that you have paid for them. Also he is been telling other agents that he is out to bury me, ruin me and making comments that I am a stupid female....I feel he is trying to take full advantage of me.
If I was not paying the notes in a timely manner then why would he offer me a 2nd car and then a 3rd car.
Why is he only asking for the 2 cars and not all 3?
Car #1 - 9-22-06 contract date
Car #2 - 10-17-2007 contact date
Car #3 - 5-5-2008 contract date
Why hasn't his lawyer gotten back with me as promised. I feel Ron is dragging this out by not responding knowing full well I will make these payments, pay off, etc so once again he is "sitting on his rights"....can he do that?
What can I do or should I do to resolve this matter.
Willing to hire an attorney to write a letter to his attorney but want someone who knows my rights, if any, use them and force this guy to do what is right and fair and turn over my titles because I did pay for these cars. And never in a million years would I have thought he would come after me for late fees which is why I mention all the other small stuff like warranties, windshield, fender, etc....OR if you tell me I am screwed with the late fees issue then I will pay but I just need to know so I know how to proceed and get my titles and get away from him.
Then I will have to figure out next step for the 3rd car but want to resolve these 2 first.
Sincerely,
swalton
