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Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6065
Experience:  20 years of proefessional experience
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I traded in my old vehicle current vehicle over three

Customer Question

i traded in my old vehicle for my current vehicle over three years ago. I just decided that I wanted to shop around for a new vehicle only to find out that I had a repossession on my credit report. After calling my current creditor (which was also my creditor on my old vehicle I traded in for current vehicle) I find out the repo was actually on the vehicle I traded in. They told me that I still owed $1800 on the old loan. This was news to me as I was under the impression three years ago when I traded in my old vehicle for current one my old loan was paid off and rolled into my current loan. After speaking with the creditor, he told me I had to pay the $1800 and they could tack that on to my current loan (raising my payment an extra $75 per month). I told him that I was not going to do that as I didn't feel I should have to as it wasn't my fault it wasn't rolled over when car was traded in and I had never received anything stating I owed anything until I had got my credit ran and discovered it. The next day my current vehicle was repossessed (which I am up to date on my payments). Please advise if this is legal and if there is anything I can do to get this matter resolved
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Maverick replied 10 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Expert:  Maverick replied 10 months ago.
1. Who took in your trade?2. Was the loan balance on the old actually rolled into the new loan or not?3. Was the dealer at fault for this error?4. Does the original loan you signed say that they can enforce that against any future collateral given to the same lender?
Customer: replied 10 months ago.
1. Us Bank
2. Yes it was rolled over however I was un aware of the 1800 that did not get paid from previous account.
3.I'm not sure who is responsible for the error
4. I'm not sure I would have to go back and read the details.
Expert:  Maverick replied 10 months ago.
It may be legal for the lender to repo the new car as it may serve as collateral for the old loan as well as the new loan as sometimes the banks have a clause in the loan that covers all after acquired collateral. As far as what to do about it, you can pay what is owed and get you car back and then save proof of that and sue the party that made the error. It sounds like it may be the dealer. The claim would be for negligence and/or breach of contract. Here is the form for small claims court.