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Do I need to hire a lawyer

Bronx, NY |

Hello, I had a loan with CapitalOneAuto from 2007 to 2010. In September of 2010 I was late with my payment but ended up paying it and then suddenly my payment was redeposited back jnto my account 2 days later and my car was repossessed the next day. By the time I realized that the money was redeposited it was too late. My car of 3 years was taken the following day. When I tried to get my car back, I was told that I had to pay 2 months plus tow fees , which was too much at the time and I couldn't pay it. To make matters worse, all of this happened right after I suffered and on the job injury (Sept 16, 2010) and was out of work , and was awaiting Comp benefits, reason how they was able to retrieve the car because I'm usually at work. Now, technically I made the payment. They sent it back.

It was all on agreement that if I made a certain payment , everything would be o.k. I made the payment . They redeposited it back..can they just do that. Can I sue them for this. Is it too late.

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Attorney answers 2

Posted

Sounds like you will have a tough time as you were late making the payment. The resolution would depend on what the contract says.

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Asker

Posted

I didn't know my options til a friend brought to my attention. They was an automatic payment agreement, and on the day of said agreement, they withdrew the money. Then returned it. I spoke w CapOne customer rep today and she said that they have record of it and my bank also has record of the withdrawal and deposit. I was told to forward them my bank statement so they can give to the legal department. If they was an agreement , and they messed up. What's next , if any?

Posted

You probably should consult with an attorney and have the contract reviewed. Depending on what is in the contract you may or may not have some recourse. Problem is the car is probably long gone as you say it was repossessed in 2010. They would have auctioned the car off by now so what relief are you looking for?

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Asker

Posted

I didn't know my options til a friend brought to my attention. They was an automatic payment agreement, and on the day of said agreement, they withdrew the money. Then returned it. I spoke w CapOne customer rep today and she said that they have record of it and my bank also has record of the withdrawal and deposit. I was told to forward them my bank statement so they can give to the legal department. If they was an agreement , and they messed up. What's next , if any?

Asker

Posted

As for what I'm looking, uh, maybe the value of the car at the time. If I didn't have to lose my car, and I'm still within the limitations , then it's my right to sue.

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