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Johnny's Auto Motor

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Johnny's Auto Motor Reviews (2)

I represent Johnny's Auto Motor in the above referenced matter. I have carefully examined the documents supplied to me by Johnny's and the complaint filed by [redacted] signed a Retail Installment Contract (Purchase Money Security Agreement) with Johnny's on 2/15/14 for the secured purchase of a 2007 Chevrolet Malibu. The terms of the contract were, in part, that [redacted] make biweekly payments of $i58.00 starting on 3/1/2014. 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 3/15/14. At the receipt of his last payment Of $200.00 on 8/1/1, he was $2,149.00 in arrears (without including late fees.) Johnny's sent written notice of default to [redacted] on at least two occasions (6/17/15 and 8/22/15), warning him to bring his payments up to date. After the second letter, sent by certified mail, was returned, Johnny's had a good faith belief [redacted] was not intending to honor his obligations.
Finally, at the time of repossession on 10/17/15, [redacted] signed a voluntary repossession notice (surrender) of the Malibu. He 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 times. Our company goals are to try to help our customers as much as we can. However [redacted] case was very difficult to work with. [redacted] became in default in his payment since January of 2015. We were unable to...

contact him due to his phone been disconnected. We contacted his work & we were also unable to contact him due to him no longer working there. We later then found out he moved out of state by receiving a money order with a Michigan state address. We immediately send a certified letter to the address on the envelope we were receiving with the money order. The letter was unclaimed. To also mention we had no proof of insurance of the vehicle violating his contract & state law. Last partial payment we received from him was on August 15, 2015. Finally our repossession company was able to repossess on October 15, 2015. Once vehicle was repossessed [redacted] finally contacted us, he wanted to pick up his personal belongings. He came to our office on October 17, 2015 sign a surrender form & picked up his belongings. He stated he would like us to wait and give him time to catch up his account up to current. I will be attaching documents of certified letter we mailed out, along with the surrender form he signed willing. If you have any questions regarding this matter please contact our office at 317-890-0970 ask for Stephany (Office Manager). Thank You!
 
Sincerely,
 
Stephany C[redacted]

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Address: 4044 NC Highway 16, South, Moravian Falls, North Carolina, United States, 28654

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