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Being sued by MECU of Maryland for car loan balance "not covered under GAP insurance"


erie1012
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Good day all, (this is my first post, I'm from Maryland)

I'm hoping someone can help me. I had a car loan with MECU credit union of Maryland but the vehicle was totaled last year. When I established the car loan, I purchased the additional GAP insurance to cover in the event the vehicle became totaled. They immediately began contacting me from their collections department for the $4000 balance. I advised them that I had GAP insurance and they stated GAP didn't cover the 'late fees and interest accrued on late payments'. The account was forwarded to a law office to handle the collection and I was served earlier this year. Since the courts were closed due to Covid, I was advised by the Self Help attorneys of Maryland to e-file my Notice of Intention to Defend, which I did back in June. Apparently, the court is saying they never received it and yesterday I received an Affidavit Judgment in favor of MECU.

Here's the thing. MECU is saying the $4000 balance is for late fees and interest accrued from late car payments. I have my loan documents from when I purchased my vehicle and there was never anything mentioned regarding a late fee or grace period for payments. There was only a mention of what percent would be assessed for the late fee. MECU didn't provide this copy of the loan document with the papers I was served. I do, however, have the GAP loan documents that reference late fees and interest is not covered in the balance. So that said, if no date or grace period was spelled out in the loan documents in black and white, who's to say I was ever late any payments? This is what I would like to build my defense around. What do you think?

I am also intending to file a Motion to Vacate Judgment today. I have confirmed by the MD Courts Clerk Office that my Notice of Intention to Defend was received but was never 'stamped'. I am going to the courthouse to get a copy of that today to attach and send. With this motion, am I asking the judge to Vacate the motion with the above defense I have as well as the oversight from the court not processing my Intention to Defend? Will the judge will allow me to have a trial? I think I included all the pertinent info. Please let me know if you need anything else.

Any advice is sincerely appreciated!!!

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On 9/25/2020 at 8:22 AM, erie1012 said:

So that said, if no date or grace period was spelled out in the loan documents in black and white, who's to say I was ever late any payments?

If there is no grace period spelled out in the loan documents but there clearly is a due date then there is no grace period.  That means if your due date is the 10th then any payment posted after that date is automatically late.

On 9/25/2020 at 8:22 AM, erie1012 said:

There was only a mention of what percent would be assessed for the late fee.

Then that IS what the late fee is.  Not all late fees are a flat amount.  Clearly your contract is based on a percentage.

On 9/25/2020 at 8:22 AM, erie1012 said:

What do you think?

I think you need to look at the statements they sent you and see what fees and interest was accruing prior to the accident.  Surely you noticed that when your payments were late they were adding these amounts on?  If they have statements showing the added late fee percentage and interest then you need to consider settling because going to trial is going to be a losing battle.

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