I represent Johnny's Auto Motor in the above referenced matterI have carefully examined the documents supplied to me by Johnny's and the complaint filed by [redacted] [redacted] signed a Retail Installment Contract (Purchase Money Security Agreement) with Johnny's on 2/15/for the secured purchase of a Chevrolet MalibuThe terms of the contract were, in part, that [redacted] make biweekly payments of $istarting on 3/1/Under the terms of the Contract, default occurs "if any installment of any obligation or contract secured by this agreement is not paid when due..." and "[a]y event which Seller in good faith believes substantially impairs the probability of payment or performance of Buyer's obligations may be treated by the Seller as a default." My analysis of [redacted] 's payment history shows that he has been in arrears on his payments continuously since 3/15/At the receipt of his last payment Of $on 8/1/1, he was $2,in arrears (without including late fees.) Johnny's sent written notice of default to [redacted] on at least two occasions (6/17/and 8/22/15), warning him to bring his payments up to dateAfter the second letter, sent by certified mail, was returned, Johnny's had a good faith belief [redacted] was not intending to honor his obligationsFinally, at the time of repossession on 10/17/15, [redacted] signed a voluntary repossession notice (surrender) of the MalibuHe had every chance to remove any personal items in the vehicle and should be fully aware of the Contract terms that state "[p]urchaser agrees that the Seller or it's [sic] Agents is not responsible for any articles, items, or memorabilia, regardless of value or cost, that is in or attached to the vehicle at or after the time of default or repossession."
I represent Johnny's Auto Motor in the above referenced matterI have carefully examined the documents supplied to me by Johnny's and the complaint filed by *** *** *** signed a Retail Installment Contract (Purchase Money Security Agreement) with Johnny's on 2/15/for the secured purchase of a Chevrolet MalibuThe terms of the contract were, in part, that *** *** make biweekly payments of $istarting on 3/1/Under the terms of the Contract, default occurs "if any installment of any obligation or contract secured by this agreement is not paid when due..." and "[a]y event which Seller in good faith believes substantially impairs the probability of payment or performance of Buyer's obligations may be treated by the Seller as a default."
My analysis of *** ***'s payment history shows that he has been in arrears on his payments continuously since 3/15/At the receipt of his last payment Of $on 8/1/1, he was $2,in arrears (without including late fees.) Johnny's sent written notice of default to *** *** on at least two occasions (6/17/and 8/22/15), warning him to bring his payments up to dateAfter the second letter, sent by certified mail, was returned, Johnny's had a good faith belief *** *** was not intending to honor his obligationsFinally, at the time of repossession on 10/17/15, *** *** signed a voluntary repossession notice (surrender) of the MalibuHe had every chance to remove any personal items in the vehicle and should be fully aware of the Contract terms that state "[p]urchaser agrees that the Seller or it's [sic] Agents is not responsible for any articles, items, or memorabilia, regardless of value or cost, that is in or attached to the vehicle at or after the time of default or repossession."
We know people can come across financial problems & can cause difficult timesOur company goals are to try to help our customers as much as we canHowever *** *** case was very difficult to work with*** became in default in his payment since January of We were unable to
contact him due to his phone been disconnectedWe contacted his work & we were also unable to contact him due to him no longer working thereWe later then found out he moved out of state by receiving a money order with a Michigan state addressWe immediately send a certified letter to the address on the envelope we were receiving with the money orderThe letter was unclaimedTo also mention we had no proof of insurance of the vehicle violating his contract & state lawLast partial payment we received from him was on August 15, Finally our repossession company was able to repossess on October 15, Once vehicle was repossessed *** finally contacted us, he wanted to pick up his personal belongingsHe came to our office on October 17, sign a surrender form & picked up his belongingsHe stated he would like us to wait and give him time to catch up his account up to currentI will be attaching documents of certified letter we mailed out, along with the surrender form he signed willingIf you have any questions regarding this matter please contact our office at 317-890-ask for Stephany (Office Manager)Thank You!
Sincerely,
Stephany C***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that the response was not sufficient in fulfilling my complaint. For your reference, details of the offer I reviewed appear belowWith regards to the response made by Johnny's Auto Motor, when asked
for a copy of the letter that was sent, Johnny's auto motor could not produce oneThey further stated they called the
baphone number on my account, which they have used before, and the person of the
back number had never received a phone call regarding this matterThere were several attempts to call
Johnny’s to see if Johnny's Auto Motor were in fact receiving my payments and to inquire about how much was still owed on the car; however, they stated they could
not give that information over the phone or mail nor did they tell me at this time I was behind in paymentsTherefore, there was no known
knowledge of being behind and no contact was made by Johnny'sFurthermore, after
arriving at the dealership at our scheduled meeting time after the car was
taken, the owner stated that a signed statement must be on file stating that
the belongings are being pidue to financial situation and $is
owedWhen I asked for copy of the signed statement and a receipt for the
$for the repossession fee, the owner stated he could not give me any
copies of receipts or statementsThe owner stated if he did he would not let
me into the vehicleHe stated the repossession fee is going to the repossession
company not to himself; therefore, he cannot write the receiptThe name of the
repossession company or any contact information was not given to me for me to
inquire myself (and manager Stephanie stated the car was reposed by Johnny’s
Auto Motor)When asked for paper-trail of the money being given, the owner
became visible upset and stated the belongings were now his and he does not
have to give them backHe threatened this several timesFrom my
understanding, under Indiana law, personal belongings in the vehicle cannot be
kept, sold, or gotten rid of if they are not a part of the vehicle (Indiana
Legal Services, Inc.)It is also my understanding that the owner/dealership
cannot threaten or damage property (Indiana Legal Services, Inc.)The owner
stated that a copy of the receipt would be mailed to us as soon as he received
one from the repossession companyHe then took the money, the signed statement
and the key to the vehicleHe took pictures of the car, took the car I was
using to transport me to the dealership’s license plate number, and again said
he would send us all copies of the paperwork and that an attorney would be
contactAfter retrieving my personal belongings it was noticed that money and
other belongings were taken from the vehicleI then called the local police
department and contacted my lawyer
Regards,
*** ***
I represent Johnny's Auto Motor in the above referenced matterI have carefully examined the documents supplied to me by Johnny's and the complaint filed by [redacted] [redacted] signed a Retail Installment Contract (Purchase Money Security Agreement) with Johnny's on 2/15/for the secured purchase of a Chevrolet MalibuThe terms of the contract were, in part, that [redacted] make biweekly payments of $istarting on 3/1/Under the terms of the Contract, default occurs "if any installment of any obligation or contract secured by this agreement is not paid when due..." and "[a]y event which Seller in good faith believes substantially impairs the probability of payment or performance of Buyer's obligations may be treated by the Seller as a default." My analysis of [redacted] 's payment history shows that he has been in arrears on his payments continuously since 3/15/At the receipt of his last payment Of $on 8/1/1, he was $2,in arrears (without including late fees.) Johnny's sent written notice of default to [redacted] on at least two occasions (6/17/and 8/22/15), warning him to bring his payments up to dateAfter the second letter, sent by certified mail, was returned, Johnny's had a good faith belief [redacted] was not intending to honor his obligationsFinally, at the time of repossession on 10/17/15, [redacted] signed a voluntary repossession notice (surrender) of the MalibuHe had every chance to remove any personal items in the vehicle and should be fully aware of the Contract terms that state "[p]urchaser agrees that the Seller or it's [sic] Agents is not responsible for any articles, items, or memorabilia, regardless of value or cost, that is in or attached to the vehicle at or after the time of default or repossession."
I represent Johnny's Auto Motor in the above referenced matterI have carefully examined the documents supplied to me by Johnny's and the complaint filed by *** *** *** signed a Retail Installment Contract (Purchase Money Security Agreement) with Johnny's on 2/15/for the secured purchase of a Chevrolet MalibuThe terms of the contract were, in part, that *** *** make biweekly payments of $istarting on 3/1/Under the terms of the Contract, default occurs "if any installment of any obligation or contract secured by this agreement is not paid when due..." and "[a]y event which Seller in good faith believes substantially impairs the probability of payment or performance of Buyer's obligations may be treated by the Seller as a default."
My analysis of *** ***'s payment history shows that he has been in arrears on his payments continuously since 3/15/At the receipt of his last payment Of $on 8/1/1, he was $2,in arrears (without including late fees.) Johnny's sent written notice of default to *** *** on at least two occasions (6/17/and 8/22/15), warning him to bring his payments up to dateAfter the second letter, sent by certified mail, was returned, Johnny's had a good faith belief *** *** was not intending to honor his obligationsFinally, at the time of repossession on 10/17/15, *** *** signed a voluntary repossession notice (surrender) of the MalibuHe had every chance to remove any personal items in the vehicle and should be fully aware of the Contract terms that state "[p]urchaser agrees that the Seller or it's [sic] Agents is not responsible for any articles, items, or memorabilia, regardless of value or cost, that is in or attached to the vehicle at or after the time of default or repossession."
We know people can come across financial problems & can cause difficult timesOur company goals are to try to help our customers as much as we canHowever *** *** case was very difficult to work with*** became in default in his payment since January of We were unable to
contact him due to his phone been disconnectedWe contacted his work & we were also unable to contact him due to him no longer working thereWe later then found out he moved out of state by receiving a money order with a Michigan state addressWe immediately send a certified letter to the address on the envelope we were receiving with the money orderThe letter was unclaimedTo also mention we had no proof of insurance of the vehicle violating his contract & state lawLast partial payment we received from him was on August 15, Finally our repossession company was able to repossess on October 15, Once vehicle was repossessed *** finally contacted us, he wanted to pick up his personal belongingsHe came to our office on October 17, sign a surrender form & picked up his belongingsHe stated he would like us to wait and give him time to catch up his account up to currentI will be attaching documents of certified letter we mailed out, along with the surrender form he signed willingIf you have any questions regarding this matter please contact our office at 317-890-ask for Stephany (Office Manager)Thank You!
Sincerely,
Stephany C***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that the response was not sufficient in fulfilling my complaint. For your reference, details of the offer I reviewed appear belowWith regards to the response made by Johnny's Auto Motor, when asked
for a copy of the letter that was sent, Johnny's auto motor could not produce oneThey further stated they called the
baphone number on my account, which they have used before, and the person of the
back number had never received a phone call regarding this matterThere were several attempts to call
Johnny’s to see if Johnny's Auto Motor were in fact receiving my payments and to inquire about how much was still owed on the car; however, they stated they could
not give that information over the phone or mail nor did they tell me at this time I was behind in paymentsTherefore, there was no known
knowledge of being behind and no contact was made by Johnny'sFurthermore, after
arriving at the dealership at our scheduled meeting time after the car was
taken, the owner stated that a signed statement must be on file stating that
the belongings are being pidue to financial situation and $is
owedWhen I asked for copy of the signed statement and a receipt for the
$for the repossession fee, the owner stated he could not give me any
copies of receipts or statementsThe owner stated if he did he would not let
me into the vehicleHe stated the repossession fee is going to the repossession
company not to himself; therefore, he cannot write the receiptThe name of the
repossession company or any contact information was not given to me for me to
inquire myself (and manager Stephanie stated the car was reposed by Johnny’s
Auto Motor)When asked for paper-trail of the money being given, the owner
became visible upset and stated the belongings were now his and he does not
have to give them backHe threatened this several timesFrom my
understanding, under Indiana law, personal belongings in the vehicle cannot be
kept, sold, or gotten rid of if they are not a part of the vehicle (Indiana
Legal Services, Inc.)It is also my understanding that the owner/dealership
cannot threaten or damage property (Indiana Legal Services, Inc.)The owner
stated that a copy of the receipt would be mailed to us as soon as he received
one from the repossession companyHe then took the money, the signed statement
and the key to the vehicleHe took pictures of the car, took the car I was
using to transport me to the dealership’s license plate number, and again said
he would send us all copies of the paperwork and that an attorney would be
contactAfter retrieving my personal belongings it was noticed that money and
other belongings were taken from the vehicleI then called the local police
department and contacted my lawyer
Regards,
*** ***