Legal Question in Credit and Debt Law in Ohio

i bought my car from a buy here pay here company, I had to pay my payments every 2 weeks so i can put a code in my car saying that my payments were made..my car ended up gettin repoed last january. I have proof through my bank records that i paid every payment to that company..now the financial company is saying i never made one payment and is wanting me to pay the whole price of the car..now if i didnt make any paments what so ever after 2 yrs of having the car and getting codes every two weeks, why did i get the car repoed and why do i have to pay the whole price on the car..It just seems to me that someone at one of those companies either pocketed the money or just didnt post my payments..what should i do because i think i have every right to sue both of those companies for wrong doing..


Asked on 9/30/09, 8:07 am

1 Answer from Attorneys
Bradley Miller Miller Law LLC

I have dealt with a similar situation to this before. In my experience, the car company, who you are making the payments to, either doesn't forward your payment to the finance company or doesn't inform them that any payments were made. So then the financial company comes after you because they are unaware of any payments you made to the car company. In my case, we believed it was deliberate.

Whether or not you would have a good case depends on the details surrounding your situation. The scenario I gave above is sometimes the situation, but other times there may just be a bookkeeping or accounting error. The fact that you have your bank records showing that you have been making your payments definitely helps any arguments you may have.

I'm sorry I can't give you a more definite answer. There are just too many details that I would need to know first. If you would like to discuss your situation in more depth to see what rights you have and what steps would be best to take, feel free to contact me.

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Answered on 9/30/09, 8:28 am


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