Repossession Where Lender Was Paid, But Lost Loan Records

**tonya30310** · 10-03-2007, 10:11 AM

Hi! My name is Tonya and I put a down payment on a car from a buy here pay here in Atlanta, GA for 595.00 back on the 8th of july 2006. I have been making payments of 162.50 every two weeks. All of a sudden in August, when the company claimed to be under new management these new workers along with a few old stated to me that their computers and papers were stolen and they had no records of any payments that I made since I bought the car and that I was behind 9oo something dollars and would have to pay my payments over. i stated to them that I keep my receipts for myself and that they should have printed out their own copies. I brought in my receipts that I had along with my payment that was due on yesterday Oct 2 for my saturday payment. I have every receipt except for one at the end of May but I have the beginning of May and the 12th of June. At the bottom of the statements it tells what was paid on that date and what was due at the next payment. I asked them could they look at the one before and after to see that it was paid because if a payment was missed it would have showed it in my balance. They said they need the receipt for that exact date or 241.00 that thy were showing was owed or give them the keys to the car. I don't see how they can just repo the car like that. Can they? Yes, the contract does say that they can take the car if no payments are made or not paid in ful but my concern is if it wasn't paid why did that wait all the way until now to take the car. I was told by the police that it is a civil matter and I can take them to court because when I asked if they had any copies of the money orders to show that I paid they said they needed my receipt. Also, I called the bank that the money was suppose to be paid to ant they told me that the money goes to their banks and not to the so I asked why am I making out my money orders to your company if they arent coming to you I was told that I would be called back when they found out something. Nonetheless, they have this box on the car that you have o put the code in that hey give you to keep the car running and if you miss a payment the car won't crank so I asked them, "how am I still riding if I missed a payment in May and here it is Oct. They had no answer. So since they wouldn't look at my receipt before and after May 26 I had to leave the car with them according to the police and I told the people at the delearship I will be taking them to court and they want to begin to ask if I plan on coming back to get the car and if I was they would keep it for me and do nothing with it. Do I have a case? Can I sue? Is this legal? I just need some answers this is my first car and I don't know what to do!

**aaron** · 10-03-2007, 10:47 AM

Did they repo your car, or not?

**lwpat** · 10-03-2007, 01:31 PM

You can file suit in small claims. I would claim the current value of the car less what you owe them if they have taken the car. Your best option is probably to pay the 241, get the car back and then sue them for the 241.

**tonya30310** · 10-05-2007, 02:07 PM

Yes they the police said that I had to leave the car with them since I didn't have the exact receipt for that day and that the payment after could not be accepted. So I left the car and the keys. But I asked the police what about the electronic starting device,because if I miss a payment the car won't start. But I don't don't want to be apart of the business that they are trying to run so I don't even want the car back I would rather just have my money that I've spent so far. They just had me blocked in the lot with my one month old in the car for 3 hours because I didn't have the receipt and wouldn't give them the keys. The contract said only if you miss a payment they can repossess but shouldn't they have had their own copy of the payments? And why would it be best to pay the 241 and sue? Did I even have to give them the keys?

**seniorjudge** · 10-05-2007, 02:22 PM

You borrowed money.

You put a car up for collateral.

You must repay the loan regardless of what happens to the collateral.

**lwpat** · 10-05-2007, 07:19 PM

SJ I think you read the OP wrong. She purchased a car and they repossed even though she claims to have made all the payments.

To the OP. You need to file in small claims and include a request for damages.

**tonya30310** · 10-06-2007, 06:24 AM

No its a buy her pay here and the car was priced at 10,900 but finance charges I owed 17,903. I have made 5200 in payments and owe 9,897. I was told from an attorney that they were supposed to look at my receipt b4 and after the missing one because the balance told what was owed. But they won't and they want me to repay a payment I already made. Are you getting it. Like I said the starter device is on the car and they didn't tell me much about it and I signed no papers for it but it will cut the car off if I don't pay. Also if I get it back will I have to make the upcoming payment if they've had the car? And you were saying go to small claims court but won't I just get about one thousand something back? Thanks for the replies but I need more answers in depth PLEASE. Help me here!

**aaron** · 10-07-2007, 05:54 AM

Try making a complaint with the Attorney General's Office, to see if they can help. (It does not appear that Georgia's office is as proactive as offices in some other states.)