Herriman, UT asked in Contracts and Consumer Law for Utah

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.

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Saint George, UT
  • Licensed in Utah

A: 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.


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