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Voluntary Repossession: HELP!!!!!

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guiness56
Epic Contributor

Re: Voluntary Repossession: HELP!!!!!

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
Message 11 of 17
Anonymous
Not applicable

Re: Voluntary Repossession: HELP!!!!!

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.
Message 12 of 17
guiness56
Epic Contributor

Re: Voluntary Repossession: HELP!!!!!

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.

Message 13 of 17
settleordelete
Regular Contributor

Re: Voluntary Repossession: HELP!!!!!

(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.
I've been where you are trying to go and I don't wanna go back.
Message 14 of 17
Anonymous
Not applicable

Re: Voluntary Repossession: HELP!!!!!

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.

Message 15 of 17
Anonymous
Not applicable

Re: Voluntary Repossession: HELP!!!!!

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!!!
Message 16 of 17
Anonymous
Not applicable

Re: Voluntary Repossession: HELP!!!!!

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.

Message 17 of 17
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