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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33082
Experience:  16+ yrs. of legal experience.
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I have an auto loan with MECU in OKC, I fell 2 payments

Customer Question

I have an auto loan with MECU in OKC, I fell 2 payments behind, made both payments which processed and deducted from account (paid via debit card). Bank refunded or returned the payments back to my account and they state they will not accept the payment and that they are repossessing the car but will give 7 days to go get loan on vehicle through another bank. Can they do this when payments were made and caught up?
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: Auto purchased August 2015
JA: Has anything been filed or reported?
Customer: in OKC with MECU
JA: Anything else you want the lawyer to know before I connect you?
Customer: We still have possession of the vehicle
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 2 months ago.

I am sorry to be the one to bear bad news. They can. That is, if you were late on your payments, unless your contract provides otherwise, the lender can repossess demand that you pay the loan in full.

Now...I say unless your contract provides otherwise...since this is a contract law question. If your contact has language that limits when the lender can repossess, they (the lender) must abide by that language. But the law in OK will allow them to repossess and demand payment in full if you are late on payments.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 2 months ago.
Okay, so even though payments were paid up to date by this morning and they had not repossessed the vehicle they can still repossess even though payments were caught up before they actually repossessed it?
Expert:  P. Simmons replied 2 months ago.

If they returned the money? Yes. They can repossess if you were late.

Now...if they cashed the check? Then they would be obliged to allow you to continue with the loan...but if they returned the money it is as if you had not paid.

Again, I am sorry to be the one to bear bad news.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 2 months ago.
we used bank debit card to pay online and they deducted from our account and then later in day refunded back to our account. Our bank account statement shows it deducted and then refunded by them.
Expert:  P. Simmons replied 2 months ago.

Thanks
This is not something you are going to win (trying to sue and force them to give the car back and allow payments)...if you were late, they can repossess the car.

Customer: replied 2 months ago.
Okay thanks
Expert:  P. Simmons replied 2 months ago.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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