Quote:
This is what I would like to happen:
1. I want the stuff back that was paid for.
2. Get the stuff back that I was paying for and continue to make payments or pay it off all together.
3. He can keep the tool box and tools that were being paid off, but have the negative marks taken off my credit report.
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The letter looks reasonable to me.
Apparently you paid off the Makito drill worth $150. He is taking that to update your weekly payments.
Your complaint presumes there are other tools that are already paid off. Or that got mixed in from your possessions. Itemize those out and maybe he will give those back if you are making the weekly payments.
You have a bit of equity in these tools I presume. The man who wrote the letter knows that. He is simply holding his property until you have paid it off or show him he can trust you to.
I may be missing some details and therefore speaking out of context. But it looks as if you keep up the payments or pay things off, you will get your tools. If you were to give him $150 for instance he would probably give you back your drill too. He is holding it because you stopped making payments.
The only unreasonable thing I see him doing is keeping tools you already own to hedge having to buy tools that he does not necessarily need. If you pay off the loan, it looks like you will probably get those back.
Small claims court might work but an equity judge like that is likely to take his stance - that he should hedge against having to buy more tools for his operations than he needs. He is doing that by holding your owned tools. But he is doing that obviously to keep you from going into default and losing all claim to the tools you are still paying off.
Regards,
David Merrill.