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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 35335
Experience:  Attorney,16 years experience in consumer protection areas
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I was notified by my bank, that my automatic car payment

Customer Question

I was notified by my bank, that my automatic car payment which was taken out of my checking account was refunded by Capital One Auto Loan. When I called them, I was told that I had a 0 balance, that my entire balance of over 7,300 was paid off on the 1st of the month, and they would be sending the ownership papers to the person who paid off the loan. When I asked who paid it off, I was told Capital One, and the papers would be sent to the DMV in Calif. who would send me the ownership papers. My question is, if an error was made on the part of Capital One, can they come back and say that it was a mistake at anytime, or is there a time limit when I don't have to worry, since I might want to trade or sell this car. Thank you
Please send answer via my e-mail or my home phone number, and my mobile is not working for texting right now.
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Since this would be a case of mistake if they accidentally paid off your loan, then this would fall under the legal doctrine of "unjust enrichment" which basically says that if someone receives a benefit that they are not entitled to, then they have to pay for it, or repay it.

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The statute of limitations is 3 years in CA, but the interesting thing is that the law says the 3 years doesn't start running until they discover the mistake.. This is unusual because it essentially means that if it took them ten years to discover this in an audit, then they would still have 3 years to sue you for recovery of the money.

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(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

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So rather than have this come up later down the road when it is very inconvenient, it would be better to investigate now and get this cleared up..

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thanks

Barrister

Customer: replied 4 months ago.
how do I do this? I have already talked to Customer service and their title department that states I should call the DMV in California to make sure that they have my correct address to send me the papers, since it could differ from the one that they Capital One has for us. Should I ask them to send me a letter, telling me that they paid off my loan, and why, and that there will be no actions on their part to try and say that this was a mistake? And if they do, will this be valid in the future?
Customer: replied 4 months ago.
No thank you, ***** ***** I have paid enough. I will call Capital One and ask them more questions, or look for more help elsewhere.

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