Hi. I have a general question but it takes alot of explaining to get to the question. Please help.
In March of 2007 my father signed a 4 year lease for a car through GM. He drove the car until March of 2008 when I started driving and he said if I made the payments I could drive the car. I didn't have a checking account to make the payments so I opened a checking account solely to pay this bill. My parents are divorced and my mother co-signed my checking account because I was a minor.
The first check I wrote to GM was with a starter check, so I hand wrote my information in the top left hand corner. The check was dated March 20,2008 and I have a copy of it.
The day the bill was due I noticed that this check hadn't cleared my bank, so I called GM to ask them if they received it. They told me that they had, and that I would need to send them an alternative payment because they don't accept starter checks because they were likely to bounce. They also told me that the check would be shredded. I mailed them an alternative check once I received my checks and also mailed them a payment every month after that until January 2009 which all went through fine.
In January of 2010 my hours got cut back and I couldn't afford the car payment anymore, so my dad took the car back and has continued to make the payments on it until now. The last payment was due 4/30/10 and my dad forgot about it and didn't make the payment until 5/4/10. Then GM cashed my original check dated 3/20/08 on 5/5/10. If I hadn't checked my bank account online that same day and noticed it went through, my rent check would've bounced along with a few other minor purchases.
I called GM, and was on the phone with them for over an hour and they refused to refund me my money until I sent them proof of the date that was on the check along with a hand written letter stating that I would not dispute the check or contact the BBB. They also claimed they hadn't received it until that day and cashed it as soon as they received it which was impossible due to our last conversation and the simple common sense that a check doesn't take 2 years to get somewhere.
I just don't think this is right that they were able to cash my check at least without notice. And also, even if they are legally entitled to cash that check, they took it out of MY checking account which has nothing to do with my dad for a leased car account that has nothing to do with me. Also, when I wrote that check I was a minor.
Thanks to GM I am in a financial bind, and owe more people more money.
Is this legal?
In March of 2007 my father signed a 4 year lease for a car through GM. He drove the car until March of 2008 when I started driving and he said if I made the payments I could drive the car. I didn't have a checking account to make the payments so I opened a checking account solely to pay this bill. My parents are divorced and my mother co-signed my checking account because I was a minor.
The first check I wrote to GM was with a starter check, so I hand wrote my information in the top left hand corner. The check was dated March 20,2008 and I have a copy of it.
The day the bill was due I noticed that this check hadn't cleared my bank, so I called GM to ask them if they received it. They told me that they had, and that I would need to send them an alternative payment because they don't accept starter checks because they were likely to bounce. They also told me that the check would be shredded. I mailed them an alternative check once I received my checks and also mailed them a payment every month after that until January 2009 which all went through fine.
In January of 2010 my hours got cut back and I couldn't afford the car payment anymore, so my dad took the car back and has continued to make the payments on it until now. The last payment was due 4/30/10 and my dad forgot about it and didn't make the payment until 5/4/10. Then GM cashed my original check dated 3/20/08 on 5/5/10. If I hadn't checked my bank account online that same day and noticed it went through, my rent check would've bounced along with a few other minor purchases.
I called GM, and was on the phone with them for over an hour and they refused to refund me my money until I sent them proof of the date that was on the check along with a hand written letter stating that I would not dispute the check or contact the BBB. They also claimed they hadn't received it until that day and cashed it as soon as they received it which was impossible due to our last conversation and the simple common sense that a check doesn't take 2 years to get somewhere.
I just don't think this is right that they were able to cash my check at least without notice. And also, even if they are legally entitled to cash that check, they took it out of MY checking account which has nothing to do with my dad for a leased car account that has nothing to do with me. Also, when I wrote that check I was a minor.
Thanks to GM I am in a financial bind, and owe more people more money.
Is this legal?