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Wed 15 Feb, 2006 11:04 pm
I WAS IN AN ACCIDENT IN DEC.2003 I WAS OUT OF WORK FOR 5 MONTHS. NEEDLESS TO SAY AT THE TIME MY CREDIT SUFFERED.WELL, TO MAKE A LONG STORY SHORT MY FATHER HELPED ME PURCHASE A MOTORCYCLE ON SEP.25, 2004.HE PASSED ON IN JAN.2005 AND NOW 1 YEAR LATER HARLEY DAVIDSON IS HARRASSING MY MOTHER TELLING HER THAT UNLESS HER OR I REFINANCE THE BIKE IN OUR NAME THEY ARE GOING TO COME GET IT. I DON'T UNDERSTAND THAT BECAUSE SHE IS THE SURVING SPOUSE AND THE BIKE IS BEING PAID AS AGREED PER CONTRACT AND UP TO DATE AND NOT LATE UP TO DATE.MY QUESTION IS DO THEY HAVE THE LEGAL RIGHT TO TAKE THE BIKE EVEN THOUGH IT IS NOT IN DEFAULT ? SHE IS THE EXISTING SPOUSE AND THE BIKE IS BEING PAID FOR AS AGREED WITH INS. AND EVERYTHING.
First off, please turn off your caps lock. That's considered shouting on the Internet.
Second, have you called Harley Davidson and talked to them about this? Sent emails? You could and should send proofs of payment, such as cancelled checks, credit card receipts or print outs from your bank if you pay/paid via electronic banking.
This sounds a lot like a misunderstanding in their accounts receivable department. Try that route first before talking lawyers and lawsuits.
Even though it is being paid as agreed, they can't have a contract with a dead man so they aren't protected if you default. Yes - you need to get the financing into yours or your mother's name ASAP or they can take the bike because there is no living person contractually obligated to pay.
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