Can an auto lender change your due date without notifyoing you?

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Can an auto lender change your due date without notifyoing you?

I purchased a car in May of this year. I have payed every single one of my payments per contract. For the last 4 days I have had calls from the company saying I am $73 behind. I finally got an answer of why last night. They said that because I have been paying my payments within a week of the due date, the have pushed my due date back without notice to me. Can they do this? I told them I would not pay the $73 because I have been paying $200 on a $173.22 payment, trying to pay on my principle. So how can they say I’m behind, when I pay more than what I owe?

Asked on September 18, 2010 under General Practice, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What does your agreement state?  Does it state that you have a window of time, even if in a roundabout way?  Like that the payments are deemed late after a certain period of time (3 days, 5 days, etc.)? Generally "contracts" can not be modified unless they are done so in writing and with the consent of both parties.  This is a general contract rule and I am sure one that applies here.  Contact you state attorney general's office consumer fraud division and ask for some guidance on the matter.  They may be able to point you in the right direction and give you some leverage themselves in dealing with the company.  In the meantime, fax them a letter asking them for the exact provision in the contract that states that they can move the date back from the original agreement and that you do NOT consent to it being moved.  Good luck.


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