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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26151
Experience:  16 yrs. of trial experience
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What are my legal options when the bank I had my car loan with

Resolved Question:

What are my legal options when the bank I had my car loan with will not do any action though I have not paid them since March of 2011. My car is technically paid off but I had made a loan with them to pay off my late fees and I was paying 150. Since that time I have called twice around the first of the year each year to pay off in a lump sum and left messages but I have received no calls, no letters, and nobody repossessing my car. They did send me my title just so I could get it switched to Ohio when me moved and we had to send it back. I was thinking of selling or trading it in and want my title free and clear to do so. I want to know what my options are when I try to contact them on Monday. Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I want to make sure iI understand...you owe them money on the car, since you had late fees accumulated? Is that correct? And you want to know how to find out exactly how much you owe so you pay pay them off?
Customer: replied 1 year ago.

I owed them late fees and they set it up as a new loan but kept my car title. I paid on them but we fell behind in 2011 due to a move and job issues and I have not paid them since that date I specified. I have tried calling and all I get is a message machine about paying them off and what my options are but I get no call backs or letters from them. I just want my title free and clear.

Expert:  P. Simmons replied 1 year ago.
Thank you Ma'am

If you owe money, the bank can demand you repay it. But that does not seem the problem...what you describe, I must say, is a bit odd. You want to pay the loan and the bank is not working with you. It sounds like there may be some confusion.

I would call on monday...that is a start. But I would NOT leave this to a call. You want to start a written correspondence trail

You want to communicate with them in writing. Keeping copies of the letters you send. And sending the letters "registered, return receipt requested". Basically you want to be able to document your efforts in resolving this...that may be important if the bank continues to ignore you.

The letter should clearly state who you are, provide a copy of the loan contract (if you have) as well as detailed information about the loan (when it was originated, the approximate amount, as well as your demographic information (including your ssn)

Basically, you want to put in writing you are attempting to repay this loan and you need their assistance to do so.

I would send one letter...and if they do not respond in one month, I would send another

If the continue to ignore you? You can file suit to ask the court to clear the title based on breach of contract. Under the law, each party to the contract has a duty to act in good faith. Here, if you reach out to them to try and resolve this and they refuse to do so, I would sue and ask the court to void the loan and to order they clear the title.

I doubt you get that far....I bet they respond to the first letter with a payoff amount. Once you pay the loan, you can have the title cleared. But if they continue to refuse to work with you? You can sue them to force the issue

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26151
Experience: 16 yrs. of trial experience
P. Simmons and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

thank you! That sounds like a good start!

Expert:  P. Simmons replied 1 year ago.
Yes Ma'am

Best of luck in this fight!

Phil

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