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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118688
Experience:  Attorney experienced in commercial litigation.
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I had a car financed with GM Financial. I was behind on my

Customer Question

Hello, my name is***** had a car financed with GM Financial. I was behind on my payments. I called them on Monday and received a deferment. The lady on Monday said everything was fine and gave me a deferment. She also approved that I could pay the deferent fees on Friday. My car was repossessed yesterday which was Wed. I printed and accepted the deferment on Tuesday. They now say that they will honor the deferment, but I will have to pay the repo. fees. Do I have a leg to stand on?
Submitted: 12 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, once a repossession is processed through the fault of the debtor being delinquent, if the car is repossessed even though you made a deal with them you are still going to have to pay the repossession fees. You can try to negotiate with a supervisor, since they are the only party who can agree to waive the fees, which they rarely do because the bank would then have to pay the repo company to release the car. Rarely do I ever see a bank agree to this unless the repossession was done in error and the debtor was not delinquent. All you can do is call and negotiate, but legally, no there would be no leg to stand on because the contract you have says in there that if you are delinquent and the car is repossessed, then debtor is liable for those fees.

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