Legal Question in Consumer Law in Kentucky

I have a vehicle financed through a buy here pay here. ( I already know not smart but had no choice). I have made all payments on time and will continue to do so. The owner says he is going to refuse my payment and repo my vehicle because I worked for him and found a better job. Can they not accept my payment and repo my vehicle even though ALL payments have been on time and will stay that way?


Asked on 8/15/10, 8:42 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

That would surely be a breach of contract. When you send in that payment, include a cover letter, make a copy of the check, and send it by certified mail or some other verified method (UPS, etc.) That way when he refuses the payment, you have evidence you sent it. Document everything. In that cover letter say "Pursuant to our conversation on x date, you advised you would refuse to accept my car payment as retaliation for me leaving your employment, and attempt to repossess the vehicle and ruin my credit. However, as we have a contract, I am enclosing my payment of x amount, check no. x, in accordance with that agreement. Failure to accept this payment will subject you to legal liability if any action is taken against me to reposses the vehicle or make a bad faith report to a credit bureau.". Likely he was just blowing smoke, but you don't want to take the chance.

Sounds like you were smart to find another job. Good luck with your new employment.

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Answered on 8/21/10, 9:46 am


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