Legal Question in Credit and Debt Law in Texas

Do I have to pay repo fees because of my creditors' error.

I paid off my final car note a few days ago and when I called the creditor I dicovered they were charging me a fee from when my car was impounded on an occassion that I was informed from the company was a mistake on their part. The car was released to me and I paid no fees because I was told it was an error.

Now the company is trying to force me to pay for the repo fee at which time I was informed the car should have never been towed. I have never received anything in writing about this fee only over the phone conversations. I sent a letter dispupting the claim and a copy of the impound company's release form.


Asked on 3/19/04, 12:25 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Do I have to pay repo fees because of my creditors' error.

Pay the money so that it doesn't damage your credit, or leave a deficiency on the car note. If there's an unpaid balance, they can have the car repo'd.

Then, write to them and demand repayment of the repo fees wrongfully incurred by their error. If they don't repay you, you can go after them in Small Claims and you don't need a lawyer.

This two-step process gives you coverage you wouldn't get if you simply dispute the charge.

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Answered on 3/19/04, 1:01 pm


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