Assume Car Repossession Because Latest Payments Weren’t Posted.
Greetings!
I would like to ask for some advice regarding my situation.
I assumed a car from a friend two years ago. We didn’t have official documents because she said two things:
First, we cannot tell BDO that I will assume the car because that’s illegal, according to her.
Second, we don’t have SPA because she said I will have to pay around PHP25,000 if we insisted it, according to her.
And so, what we did is that she and her husband made a letter saying the details about me assuming the car. There are no barangay witnesses, no special power of attorney, no anything official.
So, everything is going well. I send her my payments using her auto-debit. There were only times where I had to make a full payment for three months if there’s emergency.
The car has been with me for two years now and everything is going well until I found out that my last payment three months ago of more than a hundred thousand to cover the monthly amortization with interest and penalties wasn’t posted.
I was about to pay another more than a hundred last April 30 but opted to pay in branch. I asked her the PN Number because she didn’t give that at first. But to my surprise, she blocked me everywhere.
So, what I did is that I backtack our old convo and found out one document where the details are there. We immediately go to the bank to pay the arrears only to find out that the total past due is more than two hundred thousand.
Today, a third-party collection agent went here and told me everything. He said that he went to the original owner first that’s why he found out that the car was assumed by me.
I was informed by the agent that the original owner confessed to him that she used the money I sent to her BDO ADA. She said she got tempted seeing the money on her account and used it. It’s the reason why the payment wasn’t posted because it was withdrawn.
Now, the car is six months late and the bank demands full payment. But, the owner signed the voluntary surrender already.
The agent said I can file estafa since there is deceit in her actions.
My question is:
- Can I asked the agent to extend the pull out of the car until she paid me the amount she misappropriated?
- Can I demand a full payment including my down payment, monthly installments, and the hundred thousand she used since she is the reason why the car’s to be repossessed?
- Can I demand a full payment on the hundred thousand and installment for the downpayment and monthly amortizations?
- Can I request CFA from the barangay on the first hearing if she doesn’t pay the hundred thousand since I am certain I will take this into court?
- Can I request the barangay to speed up the hearing schedules to give me a CFA if she refuses to pay the lumpsum?
Thanks for you help in advance!