Company billing for service 5 years after purchase

June 22, 2011 17:43 by Consumer Ed

Dear Consumer Ed:

Is there a time limit as to how long from the time of service a company can bill someone?  For example, I received a service in 2006 and was just now billed in 2011.

Consumer Ed says:

There is no general rule that dictates when a company must bill for a service rendered, (although there may be exceptions for specific industries, such as interstate moving companies or medical bills). However, if you have a contract for the service you purchased, you should check it to see whether it specifies the billing terms. If the contract states that the company was supposed to bill you by a certain time, and it failed to do so, then you may not have to pay the bill.

If there is no written contract, or if the contract does not mention a billing period, you may still have some legal recourse, depending on the factors involved. The best thing to do is to speak promptly to an attorney to find out what your rights and obligations are.

If you enjoyed this post, make sure you subscribe to my RSS feed!

Rate This


Car dealer delaying paying off trade-in vehicle loan

February 4, 2011 22:09 by Consumer Ed

Dear Consumer Ed:

Are auto dealerships in Georgia required to pay off trade-in vehicles within a certain time frame?

Consumer Ed says:

No, there is not a time frame set by law, although the dealer should not delay once your new loan has been funded.  Remember – until the dealer pays off your old loan, you will remain responsible for maintaining insurance and making all payments on your old vehicle.  As a result, if your new car purchase includes trading in a car with an unpaid lien balance, be sure to get a promise, in writing, from the dealer regarding the trade-in payoff date.  Make sure that it requires the payoff to be made before your next scheduled car payment is due.  Then, follow up with the lender to be sure that the payoff was actually made.

Trading in a vehicle is a convenient option for some consumers.  When done correctly, it allows consumers to leave their trade-ins at the dealership and be responsible for only one payment to one lender.  When done improperly, however, consumers are stuck with two car payments and a trade-in vehicle that may be in the possession of the dealership.  In worst case scenarios, some dealerships have sold the trade-ins before the loans are paid off.

If you find yourself in a situation in which the trade-in loan is not paid, contact a private attorney immediately.  You can also contact the Governor’s Office of Consumer Protection at 404-651-8600 or 1-800-869-1123 (toll-free in Georgia, outside of the metro Atlanta calling area).  Failing to deal with the issue could lead to damage to your credit score and a potential lawsuit against you from the company that financed the trade-in.

If you enjoyed this post, make sure you subscribe to my RSS feed!

Rate This


Storage Unit Belongings to be Sold at Auction

December 8, 2010 17:46 by Consumer Ed

Dear Consumer Ed:

I was unable to make my last three payments on my storage unit. I found out that there is a notice in the paper to auction off my belongings. How can I stop this?

Consumer Ed says:

If the rent has not been paid, the owner may be allowed to sell the contents of your storage unit. However, before your belongings can be sold, he must take certain steps.  First, he can only sell your property to recoup back rent if you are more than thirty days behind on your payments.  Next, you must be notified, in writing, of his intent to sell your belongings.  The owner must deliver this notice to you in person, or send it by certified or overnight mail.

The notice must allow you more time to make the payment in full; at a minimum, the owner has to give you an additional fourteen days to pay.  It must also tell you that if payment is not received, your belongings will be advertised for public sale.

After the fourteen days has expired, the owner must then advertise the sale in a local newspaper, once a week, for two straight weeks. If you pay the back-rent in full before the date of sale advertised in the newspaper, the owner does not have the right to sell your belongings, and you may collect them.

If the owner has not complied with all of these steps, he may not legally sell your belongings.  Note also that these steps must be described, in detail, in your storage unit rental agreement, so you should read this agreement.

If you think the owner is in the wrong, you should contact an attorney immediately to remedy the situation.

If you enjoyed this post, make sure you subscribe to my RSS feed!

Rate This


Credit/Debt
nav_cap