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RANT:About to lose truck, suing used car dealer !!

Discussion in '2nd Gen. Tacomas (2005-2015)' started by Wattapunk, Nov 19, 2010.

  1. Nov 19, 2010 at 11:19 AM
    #1
    Wattapunk

    Wattapunk [OP] Stay lifted my friends !

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    Here's the scoop:

    Bought my '05 from a local used car dealer in January. Gave them a check from my bank for total amount. I've been making my payments on time but was still waiting on plates 10 mos later!!. They keep saying there is a clerical error on the title transfer and it's been delayed for correction. I was okay with that for the first 6mos but now I came home with a business card from the constable's office. I called and it seems that she came by to repo the truck!!!. Seems that the prior lienholder haven't received total payment. I have left the truck in my closed garage so it can't be repo'd(according to a local attorney) while I file a civil lawsuit to get my money back. My question is, how long can I leave it locked up while I sort through this mess? I was told I do not have to give the constable permission inside the house or garage. Luckily, I do have a commuter car to drive around. My plan is return the truck to stock and save the mods for a future Tacoma. Any lawyers/police officers that can offer me any insight on my situation ?
     
  2. Nov 19, 2010 at 11:22 AM
    #2
    PB65stang

    PB65stang Well-Known Member

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    WOW. That SUCKS man. I don't have any advice, but I hope it works out for you.
     
  3. Nov 19, 2010 at 11:24 AM
    #3
    Brunes

    Brunes abides.

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    I would not rely on that closed garage thing for very long. If the money hasn't been paid...Then technically it's not your truck. If the constables do repos in your area- I'm quite sure they can get a warrant and do whatever they need to.

    I'd get on that dealership ASAP.
     
  4. Nov 19, 2010 at 11:29 AM
    #4
    Pugga

    Pugga Pasti-Dip Free 1983 - 2015... It was a good run

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    I'd second this. They may not be able to repo a vehicle in a locked garage but that would just force them to take more evasive action. One way or another they'll get it from you. I hope you kept good records and everything works out for you!
     
  5. Nov 19, 2010 at 11:30 AM
    #5
    HondaGM

    HondaGM Roll Tide

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    take it back to the dealership
     
  6. Nov 19, 2010 at 11:31 AM
    #6
    1337Taco

    1337Taco Sold all 3

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    Hopefully you have records of everything.
     
  7. Nov 19, 2010 at 11:32 AM
    #7
    JasoTaco

    JasoTaco Well-Known Member

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    Put the truck on blocks in your garage and stash the wheels at a buddies house. That will slow down even the best repo man. :spy:

    I'm sorry you have had to deal with this, what a pain.
     
  8. Nov 19, 2010 at 11:33 AM
    #8
    Mr. Brown

    Mr. Brown Well-Known Member

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    Get a Lawyer. Call the Constable and work out a date to give them the truck. So at least you know how much time you have before they take it. They generally would rather work with you than get a warrant. Good luck with everything. That's a shitty situation.
     
  9. Nov 19, 2010 at 11:35 AM
    #9
    707tothe907

    707tothe907 Superior Member

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    I'm going to second this.
     
  10. Nov 19, 2010 at 11:40 AM
    #10
    Janster

    Janster Old & Forgetful

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    Something seems odd....

    You bought the truck from a used car dealer but it still had the original lien on it?
    What's up with that?? (atleast thats what it sounds like in your description)
    If that's the case....Your used car dealership sounds a little shady.....

    And something else that's fishy..... Why would you deliver a 'check' from your bank to pay for the truck? Normally that stuff is done electronically and everything (lien, title transfers,etc) is taken care of before you're able to drive off the lot with it.

    Something ain't right.....

    Have you had a carfax done on that truck? Not sure if that'll show anything or not or perhaps show where/when/who the last time the truck was registered.
     
  11. Nov 19, 2010 at 11:58 AM
    #11
    bjmoose

    bjmoose Bullwinkle J. Moose

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    Playing this as it lies:

    1. You need more information. Yeah, try the carfax. You need to find out who the lienholder is, and how much is owed. This is absolutely critical. You need to know who has the power to get that lien removed, and you need to be talking to them in person.

    2. Keeping possession of the truck will work for a while (you don't want it getting all ratty and dirty in some storage yard somewhere while you work this out) but ultimately the legal obligation must be satisfied. Also, if they take posession of it, someone somewhere is going to start racking up costly storage fees against the total amount owed. You don't want that.

    3. The dealer you bought from had/has a legal obligation to deliver you legal title to the truck. Dig up your sales contract/bill of sale from them, you're going to need it. Read it carefully.

    4. Call up the dealer that sold you the car and explain the situation. It's always possible that it's just a snafu. But it's also possible that they've failed to pay off the original leinholder and you're going to need a legal judgment against them. However, this isn't as easy as it sounds. Even with a judgement in your hand, it can be quite difficult to collect.

    5. I assume you must have gotten a certified check, or drawn an unsecured or home equity line of credit from your own bank in order to pay for the truck, since they're clearly not the leinholder on the truck. If they were, it seems doubtful it could have gotten this far. But if they are supposed to be the lienholder - call them up because the two of you are then in this together, and it's possible they'll have someone who can help you sort this through.
     
  12. Nov 19, 2010 at 12:03 PM
    #12
    Simon's Mom

    Simon's Mom Wag More Bark Less

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    That is crazy.
    That happened with a dealer here not paying on the trade ins then re-selling.
    Not saying that happened but it sounds similiar.

    I like the suggestion in covering your side with legal assistance, good records,
    get a notebook and record everything & put a file together so you keep everything in one place.
    Keep up your side with the law folks.
    Just because the dealer's practices are looking shady only shows you want what right...a truck you already paid for and want licensed properly.

    It looks good for you if you have your dates, paperwork, conversations all put together in a timeline.
    I do not know the legal side at all...hopefully you will get good local legal advice from someone you trust.
     
  13. Nov 19, 2010 at 12:11 PM
    #13
    Raylo

    Raylo Well-Known Member

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    This stinks but I gotta ask.... how did you drive it for 10 months without plates?
     
  14. Nov 19, 2010 at 12:19 PM
    #14
    TACOMA TRD

    TACOMA TRD Well-Known Member

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    That & why wasnt your bank looking for the title, after 30 days mine was hounding me for it.
     
  15. Nov 19, 2010 at 12:19 PM
    #15
    bjmoose

    bjmoose Bullwinkle J. Moose

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    Also, once you find out how much is owed - find out what the principal amount is, vs how much has been added on in (usurious) interest rates, late fees, penalties, and so on.

    Depending on the amount, you may possibly be able to settle with the lien holder for the original amount by writing them a check. Yes it would suck to have to do that!

    But the law is on their side. and you could easily burn up a couple grand in legal fees and days off from work before this is over. So if you can get off the hook for a relatively small amount, it may be best to cut and run.

    Another way to get leverage over the dealership, if you can get a legal judgement against them, is to work with the DAs office and file a criminal charge of fraud against them. The DA typically doesn't want to get involved in civil disputes. But if you've got a clear paper trail and they're simply dodging payment because they'd prefer to keep the money - well then they're defrauding you.
     
  16. Nov 19, 2010 at 12:23 PM
    #16
    BrettBretterson

    BrettBretterson Wild Ginger

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    Unfortunately, this has become fairly common in the last couple of years since the economic downgrade, with both vehicle purchases from shady used lots, and home rentals (owners not paying the mortgage on their rental properties even the though the renters are paying the home owner).

    OP, this may sound a bit silly, but you might consider looking into a local news source for help. Here in Seattle our NBC station has a special reporter that is dedicated to helping consumers with problems just like this, and he usually produces great results for the consumer. Check it out, maybe one of your local stations has something like this:

    http://www.king5.com/news/get-jesse
     
  17. Nov 19, 2010 at 12:35 PM
    #17
    TACOMA TRD

    TACOMA TRD Well-Known Member

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    I did take my check with me, because I got a better rate at the bank, but they called on the 31st day looking for the title. I called the dealership and it was still in transit. It was 2 days over the thirty. But, they were all over me looking for it. Possibly the OP bought from private owner?
     
  18. Nov 19, 2010 at 12:47 PM
    #18
    cc350

    cc350 Buckeye Member

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    In 10 months time you have never put tags on your truck? How do you drive it? Sounds way to unbelievable of a story.
     
  19. Nov 19, 2010 at 12:49 PM
    #19
    RZRob

    RZRob Well-Known Member

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    I had a similar deal with a motorcycle I bought. The guy didn't have the title, however was willing to apply with me for a lost title (required a notary). Did the whole thing and learned Honda Finance still had a lien. It took forever to get my money back from the DMV, although I got my money (less what I invested in improvements) from the owner, and now I've got an "incomplete registration" docuemnt sent from the DMV that I need to deal with.

    I know this seems obvious, but these days if you don't get a clear title at time of sale, just don't mess with it.

    RZ Rob
     
  20. Nov 19, 2010 at 1:10 PM
    #20
    BeardedTaco

    BeardedTaco Well-Known Member

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    Just curious about something. If you are making payments to the bank then they would eventually be the lien holder and legal owner of the property.

    Unless you received an unsecured personal loan or line credit to get the money. Then bought the car.

    Otherwise if they are the lien holder you may want to contact them and tell them what has happened? I am sure they have a valid interest in the outcome since the property in this case the vehicle was what secured the loan. They also more firepower behind them to get stuff done (lawyers, etc.).

    Follow your Lawyer's instructions or go to one that can help you out.
     
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