Legal Question in Consumer Law in Texas

My car was repoed due to a clerical error on the part of the dealership where I purchased my vehicle. I was going to be late making a payment so I contacted the dealership to inform them of the late payment and to inform them of the day I ws going to make the payment. The employee never made proper note of the phone call and my car was repoed the day I was going to make the payment. I contacted my phone provider to get a copy of my phone record to prove I made the phone call. I am wondering if I have grounds for a law suit because I am in danger of loosing my car if I do not come up with the fee's and payment for the car. I have the payment I was going to make for the car, but there are other fee's that are being demanded for the reposession that I would not have had to make if proper note was made of my call.

Asked on 6/11/11, 1:10 pm

Mark Dunn Mark D. Dunn

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0 attorneys agreed

I think you're out of luck.

And I doubt that the dealer made a clerical error. He didn't trust you to make the late payment, and he picked up the car.

It doesn't matter whether or not you can prove (with phone records) that you made a certain phone call.

What's binding is the contract/promissory note you signed, and it sounds as if the seller acted within the bounds of the contract.

Answered on 6/12/11, 12:39 pm

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