Legal Question in Consumer Law in Texas

Unlawful Repossession

To whom it may concern,

my boyfriend and I where buying a car for cash but we didnt have $4000 up front so we set up a payment arrangement with the car dealer. It was $2000 down and a bi-weekly pymt of however much we could give; this did not include the $385 for ttl. So on 5/5/05 we were going to make what we thought was the final payment until the ATM failed to dispense the remaining $200. We showed the car dealer's bookeeper the receipt and also a bank dispute letter with the refund amount.The bank could not return the funds for another 3 business days, she made it seem as though she would explain this to the owner yet and still the car was repossessed in 4 days (that monday); keep in mind that the 5th of may was a thurs. and the 3 business days wouldn't have been until that tuesday. So we were penalized $350 for repo fees which we didn't mind paying in a resonable amount of time, and $210.00 for late fees - 4 days of late fees. My question is , is this legal?

When we spoke with the dealer he claimed it was someone elses sale and he didn't have anything to do with it. Then the person on the sale couldn't show anywhere in the contract their policy of repossession or their policy for late charges.


Asked on 6/14/05, 6:43 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Unlawful Repossession

Unfortunately if a payment is late, for whatever reason, a vehicle may be repossessed without notice or warning.

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Answered on 6/15/05, 5:22 am


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