Question:

Do I need to get legal advice?

by  |  earlier

0 LIKES UnLike

I owned a 2007 Elantra and traded it in almost 3 months ago for a mitsubishi. i had made the payment on the elantra a few days before i had traded it in. but I still had not finished paying off the loan when I traded it in. i got financed for the new vehicle and was waiting to come in to sign the paper work. i did not hear from the dealership for almost a week so i went in to ask what was going on and they told me that the financing did not go through so i sat at the dealership for about 8 hours and finally got another bank to finance. we filled the paperwork out and signed everything and was good to go. i went home and and about two weeks later i had lost my job due to an excessive amount of employees. the next day after being laid off i went to the dealership to pick up my old plates and when i got there they had told me that the bank that was financing me decided that they did not want to because i was a temporary employee and so i told them that i had lost my job the day prior and they said well find a job in a week and we will get it you financing. so i found a job a week later and went back in and they couldnt get me financed. i tried to get my old car back that i traded in and my downpayment ($4000) and they would not give my car or my down back. finally after fighting for two weeks i went in and told them that if i didnt get my car and money back that i would take further action and so they told me to come in the next day at 10am and they would give me my down and old car back. i went in at 10 and they told me to come back at 130 and they would have the check cut and ready to go, so i did. when i came back the manager said that he had found a better deal than what i had before...keep in mind this is about 2 months later and i had not made any payments on the elantra because the dealership had the elantra the whole time and the bank started to call me and harrass me even though i did not have my car and they would not give it bac, i thought i was to get my check back so i could make my payment for the next month and catch up until i went in and they said that they found a deal for me. so i resigned the paperwork and they said that they would have the elantras loan paid off by the end of the week and that we wouldnt have to worry about it anymore. its been almost 3 weeks and they have still not paid the elantra off and i have been being harrassed by the bank even though i do not have the elantra and have not had it for almost 3 months now. the bank is saying that it is my responsibility to have the dealership pay off the elantra and that i am to still make payments on the elantra even though the paperwork has been signed and the trade agreement is final. i was told that i would be reimbursed but i dont believe them. i recieved a phone call from the bank and the finance person at the mitsubishi dealership and they told me that i needed to make a payment on the elantra, so i did... which was $300 and they said that i would be fine till it was paid off... now the bank wants me to pay them $1000 by the 18th and i dont have the money for that and they also sent me a letter saying that if i didnt they were going to repo the elantra. i have no idea what to do. can anyone help me?

 Tags:

   Report

2 ANSWERS


  1. First off, I feel bad for you. You tried all the things from your side but were deceived by a very VERY bad dealer.

    You are the victim of Spot Delivery. See this link.

    http://www.lemonlaw.com/spotdelivery.htm...

    You do have to seek legal advice ASAP. Also in the mean time you can try BBB as well. The Legal Counsel might be able to help nail the Dealer's license. With a good Counsel, you will be able to get your down payment,& your Elantra back.

    On the Flip side, you are also to blame for the state of the affairs with the existing Elantra's finance company. You should have known that you don't have the title to that car for a reason. Until you are done paying, that car is bank's property. So you must pay their dues every month until they are paid off by the dealer or you. The moment deal on the Mitsubishi went south, you should have intimated them. Now your recourse is to sit with them and explain the situation. Be nice and see if you can reduce the $1000 amount to a reasonable amount. Provided you really can't put up that kind of money. Whatever you do, avoid that REPO at all costs.

    Look, all they want is their money back. If they get decent assurance from you that going forward you will make good, they will give you a chance. They are likely to be sympathetic to you. Make sure you are on your best behavior & request them to give you a break. I am sure they will provided you have been good with your payments so far.

    Good luck to you.

      


  2. The answer could vary by person.It is alway a good idea to hear the suggestion from different sides and try to choose the best one.Here is a good one i recommend.http://car-loan.free-deal.info/free-car-...

Question Stats

Latest activity: earlier.
This question has 2 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.
Unanswered Questions