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M. Kathi Rawls
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M. Rawls’s Answers

18 total


  • Is it illegal for a buy here pay here delarship to make you sign paperwork stating that it's only a GPS and not a kill switch?

    I purchased a car from a buy here pay here and signed paperwork for them to put a GPS tracking device in the car. A couple days later I have an electrail problem causing my vechile not to operate then i had to go a couple days behind trying to ...

    M.’s Answer

    In GA it is a violation of your state's consumer protection statute and a deceptive trade practice to:
    (5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he or she does not have; 10-1-393 (5). Contact an attorney in GA from the NACA.net website; they will be able to help you. You are entitled to rely upon "what was said to you" regardless of what the documents said, in some cases. Only a consumer advocate attorney who practices Auto Fraud will likely be able to provide you with your options pursuant to the law in GA. Good Luck!

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  • How do i pay my new debt and dispute my old debt when they are in the same account

    I recieved a citation for following to closely in orlando florida 09/011 at the time i could not afford to pay I recently visited the clerk of courts website to pay this citation but they had turned it over to a collection agency I contacted the c...

    M.’s Answer

    While I do not practice in FL, there should always be doubt when dealing with debt buyers/debt collectors. The first debt is outside the statute of limitations but may impact your license to drive in that state. As to the second, if you do not see the debt listed on your credit reports I would immedaiately send a certified letter to the collection agency disputing the debt and requesting debt validation. Their response, if given, will give you a place to start regarding the debt's validity. The collection agency must cease collection efforts until that validation is mailed to you. You will either learn that the debt is yours and within the Statute of Limitations for litigation purposes or that it is not something for which you risk judgment in the courts. There may be other factors to consider based upon the information provided by the collector. Either way, I suggest you contact a NACA.net attorney in your state to discuss the matter further.

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  • Do i have legal grounds to keep my car if the dealership did not give me any notice with in the 10end days of purchase

    I bought a car from a dealership in sacramento on feb 26, 2013 i put down $3100.00, its been 31/2 weeks with no contact with dealer and on march 18, 2013 i get a call from master recovery saying they are reposing my car because the dealer couldnt ...

    M.’s Answer

    While I do not practice in your state, contract law interprets that you bought and financed a car pursuant to a Retail Installment Sales Contract...from the dealership. The first lender is the dealerships and they are obligated to that contract just like you. DO NOT sign another contract. Make your payment on time and if it is repossessed that is another claim your attorney may make against the dealership. I suggest that you visit NACA.net in order to locate a consumer protection attorney in your area. Good Luck!

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  • Can an auto dealer be guilty of fraud if he misrepresents the down payment in order to get the loan approved from the bank? /

    The car salesman at Billion Auto in Sioux Falls South Dakota made a verbal agreement with me to allow me to make the down payment of 750.00 over three pay periods. Yet in the loan application that they drew up it reflects a cash down payment of 75...

    M.’s Answer

    Absolutely! This is considered a predetory loan which could permit you to become approved for an amount which is beyond your budget and they are committing fraud upon their 3rd party assignees. However, the "first lender" on the deal is the dealership...they only sell the loan to 3rd party lenders. They are as obligated to the contract as you are. Make your payment to the dealer per the Retail Installments Sales Contract. If the dealer repossesses they have done so wrongfully. I don't practice in your state but please visit NACA.net for the nearest consumer protection attorney near you.

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  • Can a credit card company raise the APR for no reason?

    I have been with Citibank for a very long time and at the beginning I had an APR of 7 . 99% . This was back in 2007 - 2008 . Since then my APR has gone up to 16 . 99% . I have always made my payments on time an have never been late . Why ca...

    M.’s Answer

    Although they are permitted under their contract to raise their rates they must also give you the federally mandated Truth in Lending Disclosures at the time of the increase. If they did not send you those, please send a certified letter to them requesting them. If default ever becomes an issue you may be able to use their failure to disclose as an affirmative defense to lowering their demand. Scan everything you receive from them including the greed card you receive to prove that they got your request.

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  • Bought warranty on new RV paid selling dealer . tried to use warranty for repairs warranty company has no record of warranty

    i paid 700$ for warranty unlimited mileage 5 years its been 3

    M.’s Answer

    While I do not practice in your state, I have seen that some dealers fail to register or pay for extended warrantysfor which they have charged their customers. Such fraud and breach of contract may provide the basis for you to rescind the transaction and return the auto to the selling dealer. Please consult the NACA.net web site for the most qualified Auto Fraud attorneys in your state. There may also be other claims which you may not be aware. Do not delay and Good Luck!

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  • What rights/financial reimbursements do we have after purchasing a car that is problematic.

    We purchased a 2003 Dodge Duran go a year ago from a small dealership . We took it into a shop a couple of weeks ago due to a noise it was making . We have to either replace the engine ( thousands of dollars ) or trade it in for pennies . We ...

    M.’s Answer

    While I don't practice in New Hampshire, you may have a causes of action under the Uniform Commerical Code, Breach of Contract and Fraud. Please visit the NACA.net website for a consumer protection lawyer near you...there are three! Time if of the essence since I do not know the statute of limitations on these claims for your state. You should also get a written inspection from an ASE certified mechanic, pull the Certified Title History from the titling department and bring all your sales documents to the attorney. Good Luck!

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  • Can I get my money back from a lawyer who I paid, but did not represent me?

    He says I owed him more money, but we never talked about that. He was paid to reset my case. it was re set, but by the court casuse I needed time to find a lawyer?? Can I get my money back? I have the letter from thelawyer, stating he was my lawy...

    M.’s Answer

    While I am not licensed to practice in the State of Texas, no attorney is entitled to accept payment when no work was performed on your behalf. If the first attorney did anything on your behalf, including preparing a Motion to Continue (which the Court later granted) than you may be under an obligation to pay. Please keep in mind that Attorneys only have their time to sell. You may wish to request an itemized statement.

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  • Can i get out of the contract with the issues that are on the purchase order?

    Finanlized paper work 10/20/12,they let me drive it off the lot the 19th cause we couldn't sign paper work since the PO didnt have the tt&l,the battery went out that evening,took it in 20th & they replaced it with a used battery. Went to bank to f...

    M.’s Answer

    The back dating of your purchase order is a violation of the federal Truth in Lending Act and their could be additional defenses/counterclaimsagainst the enforcement of the contract, particularly the lack of warranty of merchanibility. You should contact an attorney in your state that is associated with NACA.net. They will be able to review the documents and determine if their is further basis to rescind the contract. Visit the web site and contact one. There are several great NACA members in your state. Good Luck!

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  • Bought an extended warranty and company will not honor claims. What recourse do I have? Coverage was made w/o vehicle inspection

    Purchased warranty 9-6-11, car broke down on 10-8-11. Took to shop and contacted warranty company. Claim was denied due to what they say was pre existing condition. Paid $3500 for motor replacement. On 2-4-12 had transmission problem. Had car to...

    M.’s Answer

    It is unusual that a warranty company would issue a warranty without an inspection and many policies have a waiting period for coverage. Without seeing the contents of the policy it is difficult to assess what your rights and their obligations are exactly. You do have rights, not only under the policy but also may have claims under the federal Magnussen Moss Warranty Act. I suggest that you seek the advice of a local (preferably a National Association of Consumer Advocates member...see naca.net for local listings) attorney in Houston. You will need assistance in order to get some relief. I hope this helps. Good Luck!

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