(WSVN) - You may know if you miss a car payment the dealer can repossess it. But can they repossess an appliance, say a refrigerator or an air conditioner? It happened to one South Florida woman and to find out if it’s legal she called Help Me Howard with Patrick Fraser.
After 23 years in nursing, Grace decided to retire. Well, sort of.
Grace Spence, air conditioner repossessed: “I keep at it, yes. I still help out and I do volunteer classes. I’m a people person. I like to take care of everybody.”
Taking care of others is nice. And then she had to take time to take care of herself.
Grace Spence: “I bought a house with two units, and then the first one went bad.”
When Grace’s air conditioner broke, she hired a company she had used in the past because she trusted them and they also would finance the $2,500 purchase.
Grace Spence: “I gave him a deposit of $1,000. He asked for checks to be written each month, consecutive month following.”
Grace wrote six checks dated from November through April. The first two were cashed.
Then January rolled around.
Grace Spence: “I then got a call from the air conditioning company saying my check was returned.”
Grace quickly determined the problem: A deposit she made was not recorded at her bank, so she sent the AC company a new check that they cashed.
Grace Spence: “And they called me again. I said, ‘I just replaced the check! You got it, and it’s cleared my bank.’ They said, ‘No, they did not get the check.'”
The company said she owed another $250 check, and if she didn’t pay, they were going to take their air conditioner back.
Grace said, “I already paid, and am not paying again.”
Grace Spence: “Shows that the truck passed here a couple of times and circled.”
Grace’s surveillance camera then recorded the company doing as they vowed to do.
Grace Spence: “While I was at the doctor’s office, they came right in and they took the unit out.”
Grace’s AC was gone, taken back in a billing dispute, leaving her steaming — literally and figuratively.
Grace Spence: “I wouldn’t believe they would have had the nerve to come on to my property. Is it legal for them to come on the property, remove my unit without a legal document?”
Well, Howard, we all know a car can be repossessed. Can someone also repossess an appliance?
Howard Finkelstein, 7News legal expert: “Yes they can if you signed an agreement to pay over time for that appliance. That’s because most of those contracts are like this one and give the company the right to repossess when you miss a payment. However, they cannot break the law to take the appliance back, and by that I mean they cannot break into your home. Since this air conditioner was on the side of Grace’s house, they acted properly.”
After we looked through the records and talked to Grace and the air conditioning company, it was clear: This repossession came because of a misunderstanding and miscommunication.
After the bank lost her deposit, Grace closed her account and moved to a different bank.
As a result, the AC company couldn’t cash two of her post-dated checks. Grace thought they already had.
After we explained everything, she paid the company the money she owed. They brought her air conditioner back and reinstalled.
With the misunderstanding cleared up, Grace is cool in her home again. And she learned something about the AC company.
Grace Spence: “These people came and took the unit like they said they would.”
They weren’t kidding when they said they would repossess it.
If you are on a financing plan, how many payments do you have to miss before a company can repossess an appliance? Depends on the contract. Could be as little as one, so instead of financing with the company, another idea is to put it on a credit card, ’cause credit card companies don’t repossess appliances.
Possess a problem that’s left you heated. Ready for a cool solution? Contact us. ‘Cause we’re conditioned to help you air things out.
CONTACT HELP ME HOWARD:
Email: helpmehoward@wsvn.com
Reporter: Patrick Fraser at pfraser@wsvn.com
Miami-Dade: 305-953-WSVN
Broward: 954-761-WSVN
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