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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 17448
Experience:  B.A.; M.B.A.; J.D.
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I have a personal loan contract for a vehicle (which I would

Customer Question

I have a personal loan contract for a vehicle (which I would like someone to look at) - the payments are due by the 5th of each month, 1st payment was due on 10/5; it was paid on 10/3. The contract states "VS" (me) will be responsible for fully insuring the vehicle, which payment of $65.65 monthly will be sent to CJ at WPCU, routing # XX, account # XXX, beginning 8/15/16. The first insurance pmt was returned due to bank error (I have doc from bank); however, was taken care of on 8/19. The second insurance pmt was made 9/13. Oct's insurance pmt was wire transferred on 10/14 via internet, a successful confirmation was received at 0542; at 2:42pm I received notification that the wire had been returned to me. Around 3:30, I went to the bank, the relationship manager at the bank completed another wire transfer, it was successful per the banks "Funds Transfer Request Authorization". 10/18, I received another "return notification. Yesterday and today I spent hours at my bank trying to figure out the reason for the return. My banks relationship manager and I spoke to a supervisor at WPCU and was told the reason the wire returned was because "the account at WPCU does not display CJ as the account holder which resulted in the wire being declined". The supervisor provided me something in writing. As of now, the $65.65 for her auto pmt has not been made due to the above.Note:
#1.) My auto pmt (which only one has been due thus far) was made 10/3 (due 10/5)
#2.) I have my own "non-owner's" auto policy which covers me 100% in anything I drive (which I've had for a couple of yrs)
#3.) The contract CJ and I signed was altered by her unbeknownst to meI would like to know -
#1.) Because the $65.65 auto ins pmt hasn't been made, am I in default of the contract?
#2.) Can she terminate the contract?
#3.) What can I do to protect my "rights"/ensure ownership?
#4.) How can I get a contract drawn to protect my rights/ownership, etc?I have .pdfs of all documents.Thank you.
Submitted: 1 month ago.
Category: Business Law
Expert:  Phillips Esq. replied 1 month ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 month ago.

I would like to know -
#1.) Because the $65.65 auto ins pmt hasn't been made, am I in default of the contract?

Response 1: Yes, you are. The payment for the car insurance is part of the contract.

#2.) Can she terminate the contract?

Response 2: Yes, she can.

#3.) What can I do to protect my "rights"/ensure ownership?

Response 3: Have a different provision for payment of the car insurance. If the payments have been rejected, then the instruction that you were given for the payment is not good and must be changed. Both of you must now agree on how the insurance would be paid. Either you would be allowed to buy the insurance on your own or the Seller would resume the payment while you are still paying for the loan and add that amount to your loan.

#4.) How can I get a contract drawn to protect my rights/ownership, etc?

Response 4: Agree on different terms for payment of the insurance since you have had problems getting your payments for the insurance accepted under the current instructions given to you by the Seller.

If contract has been altered by the Seller without your consent, the Seller needs to be made aware that the altered provision is not enforceable against you. If the Seller wants all provisions enforceable against you, the whole contract must be re-written to address all issues that have arisen and both parties must sign the new contract.

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