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 Posted: Sun Nov 04, 2007 6:36 am Subject: Auto Lease Agreement |
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I leased a vehicle for 24 months. I turned it in 02/2000. All of my monthly payments were made. When the vehicle was turned in, there was no inspection. I didn't have to sign off on anything. Maybe a year or so later I was contacted, saying I went over the allowed mileage and owed a per mile fee. I think they said it was a little more than $1400. I never agreed to pay anything. On 10/31/07, I received a letter from a collection agency for $2,164.49. Should I dispute? Has the statute of limitations run out on this debt? How would I even know if this is accurate without an inspection of the vehicle?
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mariatruitt
Joined: 04 Nov 2007
Posts: 1
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| Posted: Sun Nov 04, 2007 6:51 am Subject: |
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welcome to the forum Mariatruitt:) I guess first things first, what state are you in hun? And if I may ask who the CA is?
Secondly, do you still have the original lease that you signed? If so look back and try to find a clause about mileage or overage fees, even anything on wear and tear exceeding normal usage.
Also I could be wrong on this one but I would consider asking for validation showing where this was stated that you would be responsible for any extra mileage and what the mileage was when it was brought in.
Do you have any proof at all of when you returned the vehicle? I am afraid that the main issue is going to be the date you returned the vehicle and what the mileage was when you returned it.
I will be cheering for you...and you came to the right spot lots of awesome ppl here to help 
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Even in the barest desert you still find life and hope.
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i2bcsi
Joined: 25 Oct 2007
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| Posted: Sun Nov 04, 2007 12:28 pm Subject: |
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I have read those sorts of contracts before, where you are allowed X miles for the life of the lease (usually the avg 12K/year), and if you put more miles on the car than stated in contract they can charge you. Unless the company was a fly-by-night, I'm pretty sure you'll find it in the fine print somewhere on your contract.
However, if they are charging you extra for the added mileage, I wouldn't think they could charge interest on it. Except maybe at a statutory rate (like 5%). I don't know how $1400 would turn into $2164...
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DebtCruncher
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| Posted: Sun Nov 04, 2007 3:35 pm Subject: |
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DebtCruncher, please correct me if I am wrong, but would the main issue not come down to proof of when the vehicle was returned and what the mileage was at that point, not the mileage a year later? And at that what if anything could be used to proove the point, if nothing was signed when the vehicle was returned?
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Even in the barest desert you still find life and hope.
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i2bcsi
Joined: 25 Oct 2007
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| Posted: Sun Nov 04, 2007 3:37 pm Subject: |
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Actually as an after thought is this not pushing the SOL in a situation like this? Sorry still learning on that part. What state are you in Maria?
Perhaps that in itself would help. If i am wrong someone will correct me.
CHIN UP
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Even in the barest desert you still find life and hope.
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i2bcsi
Joined: 25 Oct 2007
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| Posted: Sun Nov 04, 2007 4:12 pm Subject: |
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1) Yes it probably would be up to the lessor to prove what the mileage was at the time of return. Now it would have been safer for them to have some sort of "check-in" sheet that the lessee signed when returning the vehicle -- but the fact that there isn't doesn't void the whole issue. For example if a tenant ends their lease on an apartment, yet punched holes in the walls before leaving -- does the landlord need a signed statement from the lessee admitting the damage before landlord can sue in court? In this case, there may be other evidence they have that can prove the mileage even though Maria didn't sign anything.... it would ultimately be up to a judge to decide if the evidence was valid.
2) SOL may be a good defense, depends on the state. You will need to keep in mind this was a written contract, and SOL is usually longer on written contracts than credit cards. In IL the SOL on written contracts are 10 years, but we don't know what state Maria is in?
All in all, I would say disputing the debt is a good idea. Send a DV - request proof of their claim, and leave it in their hands to prove you owe the extra money.
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DebtCruncher
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