I bought a car froma lady with 24 month terms for 440.00 per month back in nov 1, 2008. which 24 months from then is nov 1 2010. Now that I have made all 24 payments she is saying that because I didnt pay before the 3rd of every month that I have late fees and interest and a balance of $6k! Although I have not paid her 30 days late inthe entire 24 months I have paid. She is alledging that this is affecting her credit, however with the payment being due on the 3rd and the payment actually being paid on the 19th the 24th or some other day in the same month doesnt give the finance company a legal right to pu tthis on her credit. Since the payment hadnt been into the next pay period.
There is no provision in our contract
stipulating late fees. IN FACT THERE IS NOTHING IN THE CONTRACT ABOUT LATE FEES.
I have requested the documentation from the finance company she is saying has charged these fees and she has not been able to produce it since February 2010.
Now she is threatening to have the car repossessed if I do not continue payments on the car. Which is NOT in our contract. She has made it clear that she does not have a title
to give to me because the car isnt paid off, although I have a clear cut contract with her about how many payments and how long the payments are for.
I believe her subletting her car is in breach of her original contract, in some form or fashion. But I have made a police report against her (she doesnt know it yet) for harassing phone calls, because I have the car and she is threatening to report it stolen, which isnt true when I have all of the contract payment receipts etc.
I am going to have to sue her for the title. However, I need to know exactly what I can sue her for in a civil case? i.e., Fraud etc.
She then sends me a text message saying she is willing to work this out and extend the contract. why dont I have her atty draw up an extension on our contract! LOL. is she insane. I am not extending anything. Please help what can I do?