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Well i le leased a car in June I had the car week and there…

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Well i le leased...

Well i le leased a car in June I had the car week and there was a Hellstorm and it totaled it so it was deemed a total loss by my insurance company they were going to do the payout but the finance company did not have the last owner's title transfer to them as a lienholder and so therefore it wasn't legally mine or their car so the insurance company could not do that pay out until they had that in order in the meanwhile I got another car and also least that from that Finance Company and they expected me to pay on the car that was already a total loss and was going to be paid as soon as they got their orders an affair and on the new car so I couldn't afford that so I didn't pay it on the last car because I only have the car all week and I explain to them you know that you guys already have a payout coming we're just waiting for you to get your Affairs in order and I shouldn't have to pay for your guyses mistakes and so they are still charging me more than the payout is saying I have to pay 1200 I'm locked out of my own pocket that the insurance company didn't pay and they reported badly to my credit report which I've been working hard on for years

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: Has anything been filed or reported?

Yeah they reported me 30 days late on my credit report I asked him to take it off they said I would have to dispute it with my credit report agency or whatever

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that my insurance company and myself attempted to get them to speed their tile transfer up so we can get the paid out done and they took their time doing their part and then turned around and expected me and my insurance company to do everything within a week after it took them almost 3 months to do in order to get the payout so I feel like they are liable for this not me

Submitted: 9 months ago.Category: Legal
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Answered in 16 minutes by:
9/24/2017
Lawyer: Gerald, Esq, Lawyer replied 9 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,245
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 9 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You are correct that the finance company should not be holding you responsible for their negligence. In that they did not have the title work properly completed in a timely manner they have "unclean hands" in regard to holding you liable for the delay they caused. You have both legal and equitable claims that you can make regarding this siutation.

There are somethings that you should look into to get this resolved.

1) Dispute the negative report on your credit report.

2) File a Fair Credit Reporting Act violation with the Federtal Trade Commission. Also contact the Texas Attorney General Office of Consumer Protection.

See:

https://www.ftccomplaintassistant.gov/#crnt&panel1-1

https://www.texasattorneygeneral.gov/cpd/consumer-protection

3) You may wish to bring a private suit against the finance Company as well for damaging your credit. You will want to consult with a local consumer protection attorney for an assessment of your case. Most attorneys who do this work will assess your case for little or no cost. Also the statutes that address these issues often provide for the recovery of your attorney's fees. So it is worth your while to make a couple of calls. See this link for help in finding a local attorney:

http://lawyers.findlaw.com/lawyer/practicestate/consumer-protection/texas

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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