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I'm having a situation with Ally auto. I'm wondering if I…

Customer Question
I'm having a situation...

I'm having a situation with Ally auto. I'm wondering if I have a legal case against them.

Lawyer's Assistant: What state is this in? And how old is the car?

In Tennessee. The car is a 2015 kia

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

What do you mean?

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

I'm not the only person with this issue however 75% of the other cases didn't get their vehicle back and they lost the money they paid.

Submitted: 4 months ago.Category: Legal
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Answered in 4 minutes by:
3/12/2018
Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,858
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 4 months ago
My car was repossessed, which I admit was my fault, however we have done everything we were told to do. The car was suppose to remain here in Knoxville until after the 16th, which was the dead line for us to get the car back. Friday, March 9, we submitted a payment of $1,963.95 via MoneyGram. After the payment was submitted, I was informed, first that the car was taken to an auction in Kentucky, then in Nashville on the 7th. Now Ally is telling me, if I want the car back I can either pay transport fees at $2 a mile x 180 miles or I can go to Nashville and get it. Also note that the car was MOVED from the first recovery lot on the 7th, however, it did not actually leave Knoxville until the afternoon of the 9th.
Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

If Ally moved the car AFTER you made your payment, then the equitable estoppel rules say that they should not benefit from their own negligence. That means that you would have grounds to sue them for the charges they are making you pay to get the car under a breach of contract, equitable estoppel suit. However, you have to get the car back, so you need to pay to get it back and then sue after to recover the money you paid them based on their own negligence.

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