topic Re: Voluntary Repossession: HELP!!!!! in Auto Loans

Voluntary Repossession: HELP!!!!!

Anonymous — Mon, 17 Nov 2008 10:17:28 GMT

I purchased a used car from a car dealer that I thought was reputable. I do have a lawyer but I would like some advice from some people that maybe have been in the same situation. Long story short the car will not pass inspection and the car was sold with a warranty. But even with a warranty they are supposed to sell me a car that will pass inspection. What needs to be done to the vehicle is going to cost almost half of what the car is even worth. I was thinking to do a voluntary repossession and if they try to come after me for the balance of the vehicle I will file for bankruptcy. Has anyone been in this situation? Please help need advice. I do not want to keep paying for a car that I cannot drive!!!!! I have the loan company investigating these people. I have the BBB investigating. I have the Delaware Attorney General investigating and I also have a lawyer investigating. I am not going to let these people get away with this. If anyone can give me advice or tell me what way I should go, or if I am doing the wrong thing please let me know. Thanks again.

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Wed, 19 Nov 2008 16:04:21 GMT

The BBB and AG is a good start. You may look intp the FTC as well. What did the stealership scum tell you when you presented the problem to them? Also, what does the car need to pass inspection? In Tx it is illegal for a stealership to sell a car that cannot pass inspection.
What kind of dealership is it? Small independant lot that offers in-house finance? or A larger mainstream dealer? I would think the larger ones have to meet certain criteria in order to even be able to operate.

I bought a car from a local Nissan dealer, they pulled some BS with me, I filed a complaint with BBB and problem was somewhat solved. The car they sold me had been in a prior front-end collision, I could not tell because the only signs of the accident are 2 small welds you can only see when looking at the car from the bottom up. A week after my purchase I had to get 2 AC lines replaced and it cost me about $470ish. The POS salesman told me the manager refused to reimburse, After I filed a complaint with the BBB I got a check the next week to cover those costs. The only downside I am faced with is I went to car max to see what they would offer me on a trade and due to the accident I would be going in $4k upside down.

Message Edited by going2tdc on 11-19-2008 08:04 AM

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Wed, 19 Nov 2008 20:09:25 GMT

No. Continue to pay the car payments and keep up with those you have already contacted. They sold you a lemon and their is recourse for that.

A reposession voluntary or not would ruin your credit.

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Thu, 20 Nov 2008 09:54:50 GMT

Sorry forgot to post that I did report this to the FTC and I have not had any replies from anyone about this. Just found out yesterday that the lawyer I was talking to turned down my case and I am now trying to find a lawyer. This car is not eligible for the lemon law because it is a 2002. I am stuck now and I don't feel I should pay for this car. I am going to try getting in touch with the loan company and see if they will just let me return the car without any repercussions. I see there is a post in there about the loan company CREDIT ACCEPTANCE!! I don't know what steps to take because the loan payment is due on the 26th the temp tag is up on the 29th. Does anyone here feel I should pay for a car that I am not using?? Would you pay for a car that you could not use? Any more advice? thanks

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Tue, 25 Nov 2008 05:20:29 GMT

Just to clarify, by inspection, are you refering to like emmissions or state registration inspection, or are you refering to taking it to your local shop for an inspection just on your own. If it is a required inspection, the daler should have to either fix the car or take it back/stop the loan. If we are talking about you atking it in for a check-up just to get it looked at, then that should have been done prior to taking official inspection of the car. Any reputable dealer should let you do this. If yhis inspection is not a gov't required inspection, then the dealer is not required to do anything. Also, since the car was used and had a warranty, unless the dealer was aware of the problems then they may not be liable.

last, what type of problems are we talking about. If they are normal maintenance for a car of that age the dealer is not repsonisble, it would haev been your responsibility to make sure all recent maintenance records were checked on and up to date....i.e....If it needs all new brakes and a new timing chain/belt this could add up to a major maintenance item, but in most cases, it would have been the buyers responsibility to ask what maintenance was had been doen and what was recommended. This info would be used as part of the bargaining in the price.

Good luck getting it all sorted out..

Also, give us more info on the year, make and model, the exact problems, the price you paid, and the expected repair costs and we might be able to help more.

Re: Voluntary Repossession: HELP!!!!!

WannaHouse — Wed, 26 Nov 2008 00:46:04 GMT

Maybe these guys can help you.

http://www.lemonlaw.com/

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Wed, 03 Dec 2008 10:30:05 GMT

I tried going the lemon law route and even those people will not help me. They only deal with 2004 and up and still under manufacturers warranty and yesterday I called my 51st lawyer and they wont help me either. I finally did call the loan people and told them to come pick up their car and they lady on the phone told me that I am responsible for the deficiency balance. My final recourse is to file for bankruptcy.

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Wed, 03 Dec 2008 21:39:55 GMT

I think filing bankruptcy is easier said than done unless you have a bunch of other bills that you can't pay too. Being a used car unless you can prove they knowingly lied to and knew something was wrong with the car you probably don't have a case against the dealer. What is wrong with it that cost that much to fix that isn't covered under the warranty? By the sounds of it you aren't even a month into the car yet.

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Sun, 07 Dec 2008 18:46:17 GMT

I will be one to tell you that a repo, voluntary or not will decrease yur score dramatically. Since you JUST got the car and JUST contacted all of these ppl, AG, etc. make your payment and at least wait for a response. You may be told that since the vehicle was vol repoed then since you no longer have possession of the vehicle they wont do anything. What exactly is wrong with the car? Several ppl have asked and you havent answered. Bankruptcy is NOT the answer to anything. It stays on longer if im not mistaken and looks a lot worse. If you do that, hopefully you will be able to pay cash for everything in the next several years because you wont get anything on your credit. I understand that you feel it is the dealerships fault but is this something the warranty company will cover? Even if the car is fixed and you have receipts then you may still be reimbursed if legal action follows. Personally I would see fix the warrant will cover, pay the deductible and go about my own merry little way and take it as a lesson learned. GL i whatever you decide.

PS a bankruptcy will cost you longer in the longrun

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Mon, 08 Dec 2008 09:03:56 GMT

I had the car looked at by three different mechanics. None of which knew that the car was looked at by the other and they all said that the car needs a new motor. I apologize for not telling sooner what was wrong with the vehicle but I have been in a lot of forums on here with the problem with this car and got a little confused about which was which. Sorry

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Mon, 08 Dec 2008 13:48:31 GMT

Just some info. A warranty is a warranty and if the vehicle has one it should be honored.

Magnuson-Moss Warranty Act — The federal Magnuson-Moss Warranty Act states that the manufacturer of any product — from your toaster to your lemon RV — must abide by the warranty. For Delaware vehicles, this includes written or implied warranties, or service contracts.

Where did you get your information concerning used car lemon laws. I have found nothing to indicate they have to be 2004 and newer.

Message Edited by guiness56 on 12-08-2008 05:48 AM

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Mon, 08 Dec 2008 14:52:47 GMT

Someone replied to me about www.lemonlaw.com and it came up for a lawyer/lawfirm and the people wouldn't even listen to me. they said they did not need to here my story that they needed to know the year and i told them and they said only 2004 and up and still has to be under manufacturers warranty.

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Mon, 08 Dec 2008 14:58:44 GMT

It does not matter. A warranty is a warranty, implied or not. You said the vehicle was under warranty. Call an attorney and ask if they have heard of this.

Re: Voluntary Repossession: HELP!!!!!

settleordelete — Mon, 08 Dec 2008 17:29:19 GMT

(1)LOOK OVER THE CONTRACT AND TRY TO FIND SOME LOOP HOLES OR SOMETHING QUESTIONABLE THAT WOULD VIOLATE STATE LAW. (2)IF YOU USED DEALER FINANCING( MEANING THAT THE DEALER SET UP THE LOAN FOR YOU) THEN YOUR ATTOURNEY MIGHT BE ABLE TO FIND OTHER PEOPLE WHO WERE RIPPED OFF.(3)SOME CROOKED DEALERS AND FINANCE COMPANIES WORK TOGETHER EVEN WITH THE BANK BEING AWARE OF THIS DEALER SELLING FLOOD DAMAGE, RIGGED UP MOTOR, SALVAGE TITLE VEHICLES...THEY DONT CARE. IF YOU FINANCED THE CAR ON YOUR OWN THEN YOU NEED TO GO TALK TO THEM(THE BANK) AND NEGOIATE SOMETHING... MAYBE SELL IT ON EBAY OR SOMETHING AND PAY THE DIFFERENCE. GOODLUCK.

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Tue, 09 Dec 2008 00:27:07 GMT

wasn;t this car retunred voluntarily already. If so, all claims would be off. I am pretty sure by agreeing to turn it back in she looses all cliams agaisnt the company as the contract obligations were not met. If payments had been kept, up, then there would be a claim against the seller.

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Tue, 09 Dec 2008 12:32:55 GMT

Yes I did voluntarily repossess the vehicle, but there were no late payments made. I only had the vehicle for three months. I had a temp tag that the dealer gave me (60 days) and then I got another temp tag from the DMV when it failed inspection (30 days). I tried taking it through again and it failed but they do not give you another temp tag after that. But I did not lapse on the payments. I am seeing what I can do in small claims court to file a suit against the car dealer to try and get my down payment money back. Thanks!!!

Re: Voluntary Repossession: HELP!!!!!

Anonymous — Tue, 09 Dec 2008 17:16:54 GMT

good luck with it

From my understanding (and I hope I am wrong), if you turned the car back in, you waive all clain on it. Again, I hope I am wrong for you sake. But to keep claim to the vehicle and not suffer the negative consequences of a repo and loss od down payment, you probably would have had to keep the car and keep making payments during the time period. You may have been able to get the payments put into an escrow type account or something pending the car getting fixed, but the bottom line is that the payment and loan are through a bank, not the dealer. You could sue the dealer for damages possibly, but it does not change anything as far as the lender goes and the repo part of it. If you had kept the car and kept making payments, you probably could have forced the dealer to buy it back and pay it off/refund you money on the purchase.

again, good luck with it all.