In February through our bankruptcy lawyer, a payoff figure was obtained from Kia. The final quote of $716.86 was provided verbally to our attorney, who relayed the amount to me and my husband. Kia claimed they do not issue written figures.
A check for the complete amount was issued with "Paid in Full" clearly marked in two locations on the front of the check as well as on the endorsement line, per the UCC codes.
Kia deposited the check and it cleared our bank on 2/27/06. The next three months, our attorney kept weekly contact with KIA trying to locate our title, to which Kia never responded to her calls.
5/08/06 Kia financial called me at home to tell me the payment was past due. I explained the car had been paid off and we have been waiting for the title from them.
A very rude man stated that he did not care if the words payoff were written on the check, there was still $2000 owed on the car. I told him that the amount was given to our attorney and that was the amount paid. He proceeded to tell me that if I did not pay the monthly payment they would re-possess the car. I told him if you touch my car I will sue you.
I called our bankruptcy lawyer who proceeded to contact Kia and their lawyer. Their lawyer never returned our lawyers calls. This went on until the evening of 5/11/06.
5/12/06 I left to take my two girls to school and our car was gone.in order to retrieve the car, we had to pay at total of $2435.40. Having just finished the bankruptcy, we did not have that kind of money, so my husband had to take a loan through his retirement fund. We now have to re-pay that back with interest. We had to obtain a rental car until we could get our car back, which took until 5/15.
My husband and I are so upset that we had to pay a total of the $716.86 plus an additional $2435.40. Our car was scheduled to be paid by 8/06 had we kept the regular payments of $243 a month instead of paying it off in February. Kia claimed the balance was $2716.86 after cashing our check. How could our balance have been that when we were scheduled to only have six more payments at $243 a payment? Not taking into account the 14% ineterest rate they had to deduct partial from paying it off earlier.
Our lawyer is currently looking into legal process, but any information you can provide that would help us would be greatly appreciated.
My sincerest thanks to you all.
0 comments