We have a secured loan against a vehicle. We set up auto pay with the lender but they said we didn't. We missed a payment, we didn't know becauese we were on vacation in Florida. They siezed the truck from our hotel room at night the 16th of January 2020, in Florida. The next day, 17th of January with the promise that the truck would be released we made the past due payment WITH $400 in fees and paid it the way they required, cash at 7-Eleveln. They then stated that the vehicle was not going to be released due a provision in the loan agreement that the vehicle could not leave the state. The actual article in the loan document states that the vehicle cannot be removed from the state of California for more than 30 days without express permission. The vehicle had not been out of the state for more than 30 days. They then stated that the contract requires a valid lease in the State of California and asked us to provide that. The contract does NOT state that. They keep making all of these different claims that are not in writing in the contract and not supported in the loan agreement.
We have been asking them for details to pay off the loan and release the truck since the 17th when they lied to us and they have not yet provided the information. Payments on the loan are current and NOT past due. They are adding up costs in storage, uber, loss of use and other factors by not releasing the vehicle and not even providing pay off information.
We have also asked repeatedly for an itemization of the loan fees.
The loan company is in Long Beach, California. We were told since this happened in Florida that we should file a case here. The loan company states they record the calls and that everything was video-taped. They would have to provide this as evidence. They ruined a vacation that we took so our daughter to go to Disney World for her 2nd Birthday.
Out first preference will be someone who is willing to take on the case for fees due at setlement or resolution of the case.
The attorney friend who advised us that this needed to be resolved in Florida because it happened in Florida pointed out that it will be more difficult for them to respond as they are in Long Beach, CA which he stated is an additional benefit on our side.
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Very simple. Contact the attorney general's office in the state that the company resides. File a "consumer complaint", and they get a super scary letter and work with you right away.
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Breach a Contract.
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