We financed a P/U truck for my husband's work on 11/22/05 with the agreement that payment would be made on the 4th Wednesday of each month due to retirement direct deposit. These payments were never questioned.
On 4/26/06,4th Wednesday of month, my husband attempted to make his monthly payment. Ard Heshmat, General Manager, refused to accept payment unless my husband not only pay the payment but also re-pay money ($277.00) paid to him for electical work that he performed. Auto Mall repossessed the truck at about 12 noon on 4/26/06, telling the police that payment was 4 days late and he wanted repayment for electric job.
I spent the entire next day trying to negotiate and explaine to these people that they were mixing "apples and oranges". I was to return at 5pm 4/27/06 to speak with Ard Heshmat who told both my son and me that in order to get the truck back I would have to pay the $277 as this was his only leaverage.
I did not feel comfortable making this decision on my own and made arrangement to return the following day as any work that had not be done, couldn't be done at that time. I returned proptly at 9:30 am and had to wait approximately two hours for Ard Heshmat. The only way for my husband to meet his obligations and complete work that was 2 days behind, was to pay both payment on the truck and the $277.
During our conversation, Ard said the truck payment (4th Wednesday of each month) was no problem. He wanted his $277 back and this was the only way to get it. Re-po the truck. This seemed to be our only option and he knew it.
Was this legal? Do we have the right to be angry? He also sold the truck without a spare and has been promising the tire for almost 5 months.
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