is this my problem or am i scapegoat?

[chainreaction05]

i purchased a car last year and as of late i have gotten a few weeks behind, in an attempt to pay a current debt at a buy here pay here car lot i visited the lot where an employee of the lot met me at the door saying he had been to retrieve one of my cars and told me that in order to prevent a repo fee i needed to meet him at a store so he could accept the payment, he met me a second time later that month to recieve another payment for my convenience. the employee has quit the car lot, he has taken both my payments, the car lot has record in there ledger that the money was recieved but no receipts were made due to the fact that we were not at the car lot. the car lot puts liability on me for not getting a receipt and they say i am still responsible to make the same payments regardless of whether or not it is in the ledger they say since there is no reciept they did not recieve the money i also have witness' to say that i paid him both times and the ledger is in the employee's writing. the employee also denies meeting me to his former boss. the total amount was 500$. is the car lot using me as a scapegoat or should i take both parties to small claims court?

 

[dee_dub]

And you didn't bat an eyelash when you gave the employee $500 and he didn't give you a receipt? Huh. I hope you have good eyewitness testimony. How does the employee explain making the ledger entries if he never met you and took your money? That sounds like a lot of cognitive dissonance to me.

No point in you taking them to court; you're not suing them for anything. They're the ones who want money; let them take you to court. For them to succeed, they'll have to show that you didn't make the payments. You've got their ledger that shows otherwise (made by a fraudster, though) and your eyewitness testimony. They've got your lack of receipt. Doesn't sound like they have a great case.

 

[chainreaction05]

i feel the same way but i guess the downside is that the owner of the lot is a ky state police so he obviously knows how to manipulate the law better than me. So i should probably refuse to repay the payments and let them take me to court but what do i do if they attempt to reposses them? also thanks for your help

 

[dee_dub]

I don't know what your repossession laws are. Usually a finance company would have to file a repossession affidavit with the DMV prior to repo'ing your car, and it is an offense to file a false affidavit. Question here is whether it would be a false affidavit. In my opinion, the salesman was an agent of the company and when you paid him you paid the company, and they can't swear otherwise. I would advise you to consult a lawyer in your jurisdiction.