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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33416
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Can I sue HD interests rates? My wife surprised me with a

Customer Question

Can I sue HD for confusing interests rates? My wife surprised me with a new bike for as 2013. Over the past 3 years I never thought to ask about debt. I now want to sell my bike, only to find out 3 years later that I still owe damn near what it was purchased for. My wife says she doesn't know anything and just pays the bill each month! This is an outrage!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

No, you can't sue for "confusing interest rates". There are possible causes of action depending on exactly what happened and how. For instance, if they are charging more than the law allows then there is a cause of action for what is known as usury. If they somehow misled your wife as to the interest rate, for example they told her 7% and then changed it to 12% after she signed the papers then there would be a cause of action for fraud.

However, if your wife actually was the one that signed the papers then the cause of action is probably going to be hers and if she signed the papers in 2013 the only statute of limitations that would allow her to pursue a case in Texas is one for breach of contract which has a four year statute of limitations. All of the others which might apply have a two year statute of limitations.

If she thinks she has a case then she would want to take all of the paperwork, including any letters or emails, to a local lawyer who does Civil Litigation (she can find one at www.lawyers.com) and let them review the paperwork as well as do an extensive interview and investigation.

Please feel free to ask any follow up questions in this thread.

Customer: replied 1 year ago.
I'm looking at paperwork. She signed at a balance of $19,754.63. They added extended warranty at $2,299 and GAP at $745. She later dropped the extended warranty and the GAP. She says they told her it would give her a refund but go towards future payments(she can't just have the money nor can it come of principle owed). Is this legal? 100% of the 'refund' went towards the interest!
Expert:  Dwayne B. replied 1 year ago.

It depends on what the paperwork says. I've never seen a contract in Texas that would allow them to take the refund and apply it to interest and the default will be that it doesn't get applied that way but Texas allows you to contract for almost anything so it is possible, although unlikely, that she agreed to it to be applied to interest.

Customer: replied 1 year ago.
No one with an education would agree to that. My wife swears the interest was never mentioned at 22%, she's stating 12%. Although it's stated here on the contract 21.99%. My belief is she's a pretty girl that was trying to surprise me and they took advantage! Nonetheless, how can I prove that the 'refund' was not suppose to go to interest? She says that we didn't have to make payments for a while b/c of 'refund', that's the deal HD gave her b/c their not 'allowed' to take off principal or give back in cash! There is definitely something fishy here. What can I do? I owe on this back 95% of what we bought it for and that was a lil over 3 years ago!
Expert:  Dwayne B. replied 1 year ago.

To prove that the refund wasn't supposed to go to interest you have to look at the language in the contracts. If it is silent as to the issue then she has a valid lawsuit to state that it should have been applied to the principal amount and not interest.

The only way to resolve the issue at this point is a lawsuit. I'm not sure how they got the interest rate raised so high over what she agreed to and she is going to have to explain why she signed it if she didn't agree with it.

Customer: replied 1 year ago.
far, thank you! Last comment, I think. I'm looking at the terms and conditions, it says the refund will be granted to the lender aka Harley Davidson but does not state what the funds will be used for. So l, please respond to that last statement and do you have a law firm to recommend?
Expert:  Dwayne B. replied 1 year ago.

No, unfortunately we can't make specific referrals. You can find someone at www.lawyers.com though.

As to the refund, if the paperwork doesn't allow them to use it to pay to the interest first then it should have been applied to principal under the generally accepted accounting rules. I don't think you're going to have much problem winning that part of the lawsuit. Every judge I've ever been in front of, and that's a lot, is going to say they should have applied it to the principal without a specific contractual provision stating otherwise.

Customer: replied 1 year ago.
Thank you, ***** ***** a meeting with a local attorney tomorrow!
Expert:  Dwayne B. replied 1 year ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.