Q: I took out a loan from check n go on 12/28/2016. I was told that my 1st payment would be due on 3/1/2017. The contract
had a payment date of 3-1 and on the finalization checklist it was also handwritten as 3-1. However, it also stated the first payment would be due on 2-1-2017 which neither of noticed. On 1-30-2017 Check n go called and stated that manager was new and she made and error on the date. She also apologized but said I responsible for making the payment on 2-1-2016. I said "so you made an error and I'm responsible" Uh no! I don't have the funds to cover that as I thought my payment wasn't due until 3-1-2017. After going back and forth and her insisting I make the payment or become delinquent, I asked for the regional manger phone #. I called him and he stated that he was sorry and that he would stop collection activities and allow me to get caught over the next month or so and NO money would be taken from my account until 3-1-2017. He lied and the next day Check n go debited my account and I became upside down to the tune of $500. I have a court date for 3-10-2017 I would like some advice.
It sounds like you have a strong case for whatever damages you suffered because of their premature debiting of your account. This could be as little as insufficient funds fees from your bank, filing fees for the law-suit, and attorney's fees if any.
Ambiguities in a contract are typically construed to be in favor of the non-drafter because they were not the party in control of the drafting. It sounds like this will be the case. Don't plan on getting rich though, unless the Court thinks that they need to award punitive damages, your recovery will be limited to the additional fees/costs you have incurred because of what they did and you will not be able to recover money for the time and hassle of the whole ordeal. I hope this helps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.