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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26568
Experience:  16 yrs. of trial experience
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M. Donnelly, Would I need an attorney to file a complaint

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M. Donnelly, Would I need an attorney to file a complaint in the Virgina court system based on breach of contract? Can you suggest somebody for him in Norfolk, VA? He is in the service and is limited on funds.
Submitted: 6 years ago.
Category: Legal
Expert:  P. Simmons replied 6 years ago.
I have a recommendation of a Norfolk attorney i know who is very good and works with servicemembers but dont want to jump in on anothers question...are you looking for a recommendation from an M. Donnelly?

Customer: replied 6 years ago.
Yes I am looking for a reply from M. Donnelly. Has this attorney you know dealt with these types of situations where the service member has had trouble paying like my son? What is their record for satisfying the client in these types of cases and does this attorney work on a sliding scale basis? Did you see my original question and the answer from M. Donnelly?
Expert:  P. Simmons replied 6 years ago.
Sorry, i did not see the original post.

And I dont want to step on another toes.

If you dont get help from M Donnelly, I do know a fellow in Norfolk that I worked with when I was in the Marines (he was a civilian counsel in a case so I know he works with servicemembers...in fact I believe he is retired navy).

Cant speak to his fees

Customer: replied 6 years ago.
Thanks Philip! My original Q was; My son took out a loan from Navy Federal Credit Union in Virginia for a used car. He thought the interest rate was 5.9% from the dealer. It turned out to be 10.5% but he did not know that until several weeks later. This loan was made in Dec 06. I asked him to get a copy of the contract so I could take a look at it. The CU then discovered that he had not signed the promissary note. His wife who was listed as cosigner on this note and who is no longer his wife did not sign it either. What are his options? The payments are $568 and the interest is really to high, can he walk away from this legally? Does the CU have a case against him if the car goes back? I spoke with my CU who said this transaction was wrong and I found on the internet at the site Ripped Off that this NFCU has done this to others. When challenged the NFCU lowered the rate. M. Donnelly wrote this; Since the promissary note was never signed, he could argue that there was no acceptance and hence never a legally binding contract to repay the loan and from that perspective, he would have no obligation to continue making payments. However, NFCU could argue that since he has been paying the note for almost 2 full years, he did accept, the terms and should be bound by the contract despite the wrong interest rate and no signature. Perhaps the best and easiest solution would be to simply ask that they honor the lower interest rate to the correct amount, re amortise the loan and lower his payment accordingly. I think the only alternative would be to file a Complaint in court based on their breach of contract and ask the court to order that the vehicle be returned and his money be refunded. My concern is still that the car is not worth what he owes and he is really having a hard time paying the payments since his divorce. The reason for the extra maount owed is that he traded in a jeep with an outstanding amount owed on it. That vehicle was paid off with a check from NFCU to the dealer. The check was in my son's name. Help!
Expert:  P. Simmons replied 6 years ago.
I agree with Mr Donnelly, that since the note was not signed, the bank will have a tough time enforcing it...talk about sloppy work practice. He is also correct that, after 2 years there appears to be a constructive contract.

I do have one question... "That vehicle was paid off with a check from NFCU to the dealer. The check was in my son's name."

Do you mean that the jeep was paid off by a personal check from you son that has been cashed?


Customer: replied 6 years ago.
I mean that NFCU issed a check to the dealership. My son went in to the dealer and signed the check. This checked paid off the Jeep thru the dealer and paid the dealer for the car. He never saw the promissory note. If this would be considered a constructive contract do you think NFCU would re-negotiate in good faith or should I get an attorney?
Expert:  P. Simmons replied 6 years ago.
I see

It may be a constructive contract...if it lasted 1 month, perhaps not...2 years is closer to yes...particularly if he paid each month

I think you have leverage...your not the one who has to sue

I would have him (himself or through an attorney) contact nfcu and see what the leverage will bring. They wont say no unless you ask

As for an attorney...we both know the bank manager will take an attorney more seriously than your son...if only because of age and experience. No, worth the fee...that is a hard call. If you can get one that will work on a contingency (the better the deal the more your son pays...I think you mentioned the term sliding scale) that may be best

best of luck
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26568
Experience: 16 yrs. of trial experience
P. Simmons and 24 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Philip,

What is the name of that attorney? M. Donnelly has not responded.

Linda
Expert:  P. Simmons replied 6 years ago.
DON MARCARI
MARCARI, RUSSOTTO & SPENCER PC
OFFICES LOCATED IN RALEIGH, FAYETTEVILLE
KITTY HAWK & ELIZABETH CITY NC AND
CHESAPEAKE, NEWPORT NEWS AND ARLINGTON VA
1-877-975-2000

Use my name in vain if it will help

Best of luck
Customer: replied 6 years ago.
Thank you hope so!

Linda

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