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Is it Fraud? Or a blessing in disguise?

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Fleurdelis28
New Contributor

Is it Fraud? Or a blessing in disguise?

I need some advice:

 

Back in May of this year, I purchased a vehicle with whom I thought was a pretty reputable dealership. Due to my credit score (previous year repo), the rate was through the roof (21%) which was my only option because I needed a vehicle to get back and forth to work and couldn't afford to rent one anymore. Now fast forward 7 months later and I still have not received my vehicle registration or license plate. Nor has the finance company received title to my vehicle. I spoke with someone from the finance company and was told that after 120 days the dealership is required to buy back the loan (so that means they are covered). Needless to say its well beyond 120 days (approaching 210 days actually), but my finance company does not seem to be bothered by this. I've spoken to an attorney who is a friend of mine who says I have every right to return the car and sue the dealership for my loss. But, this will mean that I will be out of a vehicle and have to finance another one. Now my credit is better than it was (still not where I'd like it to be, but much better than the mid 500s it used to be). Anyway, should I pursue this legal matter and try to get back the money I've put into this car or should I let my finance company cross that bridge when they decide to get there. My main concern is that I'd really like to refinance this loan soon (within the next 3 months) but without a registration or proof of ownership, I cannot. What would you do?

 

Any advice is greatly appreciated!

 


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Current Score: 555
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Message 1 of 13
12 REPLIES 12
Booner72
Senior Contributor

Re: Is it Fraud? Or a blessing in disguise?

If I didn't want the car anymore I'd do what my attorney friend said.

 

If I did want the car, and the loan that came with it, I'd bug them ferociously.

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
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Message 2 of 13
cdtotten
Established Contributor

Re: Is it Fraud? Or a blessing in disguise?

So you haven't had to make monthly payments the past few months?


If you haven't and you truly have the option to return the car, I would return the vehicle and used the money you have saved up (you have saved it up right...) and purchase another car, with a sizeable down payment and seek a better rate from your bank/CU.


Starting Score: 627 EQ, 621 TU - 11/15/08
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Message 3 of 13
p-
Valued Contributor

Re: Is it Fraud? Or a blessing in disguise?

If your credit is better and you don't like the terms of the loan, why not just refinance it?  Also, have you contacted the delaer about your plates?  Did they give you a temporary registration?  

Message 4 of 13
Peach8321
Frequent Contributor

Re: Is it Fraud? Or a blessing in disguise?

I had to call my city's registration desk (DMV) and then go and get my licence plate.  The registration though, did come in the mail, along with a follow-up call from the dealer.

 

I think you have the chioce here, if you haven't gotten ANY communication from the dealer - but consider what you want and then make it clear (and get all communiation in writing).

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Message 5 of 13
HoldingOntoHope
Valued Contributor

Re: Is it Fraud? Or a blessing in disguise?

If your finance company is unwilling to get involved, simply do a little research and find out which agency in your state regulates auto dealers / auto sales and give them a call. I'm sure they would be very interested in checking up on the dealer who is playing games with car titles and registrations.

Best financial advice I ever got: "Just imagine what an adult would do and do that."

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Message 6 of 13
IOBA
Senior Contributor

Re: Is it Fraud? Or a blessing in disguise?

A complaint filed with the BBB will probably prompted some action from the dealership.

 

You might also be able to find out who the previous car owner is, find them, and contact them.  They might be interested in finding out if the vehicle is still registered in their name or not.  Or if they had a vehicle loan that was suppose to be paid off.

 

You can also send a CMRR letter to the dealership asking for the paperwork, title, registration, etc.  I know, the title should go to the finance company.   But you will be able to tell if they are blowing smoke if they reply  back that they are sending you title.  Smiley Happy

Message 7 of 13
Fleurdelis28
New Contributor

Re: Is it Fraud? Or a blessing in disguise?

No, I have been making payments since I purchased the car. I do want the car and really don't want to have to finance another vehicle. I have spoken to the dealership repeatedly and he (the manager) has been honest in saying that he does not have the title. The bank still has it and is refusing to release it to him, presumably because he owes them money. He says he is still working with the bank to get it resolved and he has attorneys involved. I fear that months could continue to go by and I may never get the title (or my bank, at least). I have called the DMV and they keep referring me back to the dealership. I will file a complaint with the BBB (thanks for the suggestion). And continue to bug them day in and day out, not that I think this is doing any good. They have no problem continously extending me temp plates. I just thought there was someone else I could get involved instead of having to file suit, but I guess not. Thanks everyone for your help. I will keep you posted on the outcome.


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Current Score: 555
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Message 8 of 13
Fleurdelis28
New Contributor

Re: Is it Fraud? Or a blessing in disguise?

Also, I tried to refinance it, but I don't have proof of ownership without a registration so it was a no go.


Starting Score: 538
Current Score: 555
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Message 9 of 13
Creditaddict
Legendary Contributor

Re: Is it Fraud? Or a blessing in disguise?

I'm so confused:

What bank are you financed through?

What bank has the title?

 

If old bank says car not paid for and you are paying new bank I would get an attorney involved real quick!!

 

I don't understand how how the car was sold if still owned by a bank and how the new bank was able to start collection money from you without actual ownership of the car!!!

 

sounds like you are taking it on both ends from the 2 banks and the dealership is not fixing... I would sue dealership and list both banks on the lawsuit too!~

Message 10 of 13
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