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

UPDATED: Sep 18, 2010

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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


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

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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