Legal Question in Credit and Debt Law in California
Respossesion of vehicle
I purchased a used vehicle from a small local auto dealer. I put $2,500 down payment toward the purchase and was sold the vehicle and signed a contract for payments of $366 per month.The dealer then called me four days later and said they would have to carry the loan in house because they did not want to pay a loan origination fee. I signed a new contract for $400 payment due the 24th of each month. I made the first payment on 4.22.04 at the office when I paid the balance of the down payment. I received no correspondence from the dealer, no payment coupons, registration etc. On 6.18.04, the dealer respossed the vehicle because it was more than ''one'' day late (approx. 20 days actually)and are now demanding payment in full of the loan balance. They will not allow me to pay the past due payment that is not yet 30 days past due.I can find no written information on my agreement saying anything other than if the payment is more than 10 days late there will be a 5% late fee. It does state however that if I am in default they can take the car but I have the right to make up the payments. Do I have an legal recourse to recover the vehicle other than paying the loan off in full? If not, am I eligible for a refund of my down payment?
1 Answer from Attorneys
Re: Respossesion of vehicle
You indicate the contract says "It does state however that if I am in default they can take the car but I have the right to make up the payments." Therefore, it appears they are not abiding by the contract. A strong letter and if not resolved, a lawsuit is warranted.