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    Deep South, I've been called a "HillBilly"

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  1. Thanks for the info. The retail of the car is $25,000 ( talked them down to 21,000 before i agreed to the sale) they only made them in 2004,2005,2006. I was able to get in touch with my attorney. Took the paperwork to him yesterday and he got back with me today! He said what they did was illegal. They had no authority to reposses the car. The tow company had no right to forcefully illegally reposses. He said my contract was legal and as long as I wasnt behind on my payments they had no right to do what they did. As for me being on top of the car, he wanted witnesses. Which I have. Since all this happened, I have found out that this dealership does this ALL the time. Thanks for being on my side. I have never had this problem before. I just wanted the car. And if I dont get that one back, I will be looking for another just like it. I do not expect anything for free. Just as I didnt when I signed the contract. I just wanted to give my daughter her car back and get something for myself to drive. Something that I wanted. Thanks again for the reply.
  2. The car was not moving when I got on the roof. He hadn't even lifted it up, as I stated in my first post. This happened at around 430 in the afternoon. I was on the phone with the sherriffs office before he even started to move the vehicle out of the yard with me on top. I even tried to call the News stations but they didnt have a reporter available.
  3. BEWARE OF SPOT DELIVERY! DON'T BE PUT "ON THE SPOT." So you purchased a beautiful new car, signed all the necessary paperwork and drove it right off the lot with a big smile on your face. The dealer got you approved on the "spot". Or so you thought. A few days or weeks later, the dealer calls and asks you to return to "sign a few more papers". "Mr. Smith", they say, "we couldn't get the car financed and you need to sign a new loan with another bank" or "you need someone to co-sign", or "give us another $1000 and we can do the deal", or "Mr Smith, we need to increase your monthly payment to get this done". The dealer may even have delayed paying off a traded vehicle loan or refused to mail registration papers, all to place additional pressure on the consumer to do as they are instructed or to face dire consequences to their credit. Sound familiar? It gets worse. If you refuse, the dealer may threaten to repossess the car, tell you that you have no legal entitlement to keep it or even make you wait for hours at the dealership under some excuse, to wear you down. This situation is most common involving consumers with bad credit, since dealers perceive that such people are vulnerable and easy to take advantage of. Most consumers assume the dealer is telling the truth and will do whatever the dealer says, resulting in higher payments, additional money being spent over the life of the loan and/or thousands of dollars in increased "hidden" costs. Those who refuse, see their cars repossessed. What is happening here? It's a Scam. Dealer Fraud. Unlawful. Illegal. Call it what you will. The industry has given it a name: Spot Delivery, a description which refers to the dealer placing a consumer in a car "on the spot", to get the sale, only to "yo-yo" them back at a later date for additional funds. Played to perfection, a dealer can reap thousands of dollars in unearned fraudulent gain. What to know about Spot Delivery: If you signed purchase documents and registration applications and if you obtained insurance for the vehicle, had a new license plate put on the car and/or had your old plate transferred, the car belongs to you. Spot Delivery happens to unsuspecting consumers throughout the United States. It is very popular with dealers in Pennsylvania, New Jersey and Delaware. If you find yourself in this situation, the chances are good that you have legal remedies available to right this wrong. Tools to Protect Yourself from Spot Delivery or Dealer Fraud: Remember that if you have signed papers, you own the car, regardless of whether the vehicle has been financed. Your credit was good or the dealer would not have delivered the car to you at the price you agreed to pay A finance document showing payments, deposit, interest rate and other financial items is a binding contract, giving you specific legal rights. You own the car subject to making payments only. The dealer cannot change that once you take possession. Keep all copies of your paperwork and anything else associated with the sale (including calendars, photographs, advertisements). If the finance manager asks for your papers at any time for any reason, refuse! Keep these documents in a safe place, not the car. If you are called back to the dealership to sign additional papers, either do not go or do so in a different car than the one you bought. Have a friend or spouse drive you and witness whatever is being told to you. This will prevent the dealer from taking your car as hostage, an all too common happening. If a dispute arises with the dealer over the contract and the dealer demands the car is returned, park it in a garage or remote location until the matter is resolved, to prevent it from being taken against your wishes. Put together a complete timeline of everything that happened from the time you thought of purchasing the car until the car was taken away. Try to remember specific names of dealership personnel and any statements that were made to you during conversations with the sales and finance staff. Keep track of all monies you had invested into the purchase, including registration, insurance, down payment and trade. Never pay cash and always get a receipt!
  4. There is NO contingency clause based on financing in my retail sales contract! It is a retail sales installment contract. Truth-in-lending disclosures has APR, Finance charge, amount financed, when payment begins, the amount and the number of payments. Lic./ registration/title fees total amount financed. Looks just like my contract that I had with Ford Credit when I bought my Mustang. Nothing in there says anything about contingent on financing. There is a box with BOLD words that says THERE IS NO COOLING OFF PERIOD. State law does not provide for a "Cooling off" or cancellation period for this sale. After you sign this contract, you may only cancel if the seller agrees or for legal cause.You cannot cancel simply because you change your mind.Any change in this contract must be made in writing and we must sign it. No oral changes are binding. Also says by signing this contract you agree to pay the creditor-seller the amount financed and finance charge according to the paument schedule below. I am NOT looking for a free car! Had I been told that financing was not approved why the hell would I sign a contract and been told hours earlier that I was approved. Approved with the terms that I requested. They pulled my credit, knew my scores, knew my income, gave me a written offer with the terms I requested, I signed the terms and they signed the terms TOLD me I was approved with no problems! I signed papers on 01/30/2008, I was never told about not being financed, would have never known about not being financed had It not been for the bank screwing up my accounts. I asked the sales manager why they didnt call me and tell me prior to 02/06/2008 her reply was " I guess I could have called" So yes they Technically did NOT have the right to reposses! The tow company did NOT have the right to trespass and Forcefully illegally reposses! I NEVER received a RIGHT to CURE notice. I did not have an obligation to sign another contract for higher payments, and higher interest rates! THIS CAME FROM A POST IN ONE OF THESE FORUMS: when I find the post I will paste it! QUOTE "It is illegal for a repo person to breach the peace in the process of reposessing. That means they can't break-and-enter or tresspass on private property in the process. If they do, the repo is illegal and you can sue the repo person for the value of the vehicle they took." /quote If you were buying a house and was told "we got you financing" and you signed a contract. Wouldnt you be pissed if after 2 weeks of living in it they told you financing fell through you've got to sign another contract with a higher payment and higher interest or they would evict
  5. I signed a contract through local Car Dealership on 01/30/2008 Before I signed, I had to insure car Told them I wanted to put $2000 down and payments under $400. Was told they got me financed at my terms! And I wouldnt have a payment due until 04/2008. They would also do first oil change for free. I signed contracts, paid Down payment, they handed me an envelope with the contract and other paperwork to put in glove box incase I got pulled over. I recently seperated from spouse so I changed checking accounts. Bank screwed up dwn pymt check bounced. I called Dealership informed them of bank error, got a letter from the bank, said they would take care of any charges for NSF from dealership. Dealership hadnt gotten the NSF from bank wasnt aware check bounced. (this was around 02/06/2008) Took cash immediately to dealership. When I arrived at dealership around 7 pm after work. My salesman told me I needed to go into his office (cubicle) that they ran into another problem. I told him I didnt know what he was talking about I was just there to pay the cash for the check for down payment. When he returned another salesman came in with my file. Claimed they didnt get me financed. Asked if I had a cosigner. Said they had 2 credit unions fighting over financing me but I needed a cosigner. TOld the NO, i didnt come with a cosigner when I signed my contract and I wasnt getting one now. He told me my contract was no good. and asked my what I intended on doing. I told him I didnt know anything about not being financed. (When I left on the 30 th I had financing the same man that was telling me I didnt have financing was the same man who shook my hand and said congratulations, we got you financed and here are your keys. ) Then they tell me that they had a couple of other places that they could get approval from and they would call me back. They asked me what my intentions were. I told them I wasnt signing another contract, I already had one. I didnt know anything about this prior and It wasnt my problem it was theirs. I got pissed off because they wouldnt take my money. Finally I went into the showroom and started getting loud in front of other customers. They took my cash and signed on my bank statement that they received $2000 in cash for down payment for 2005 pontiac gto. I didnt hear anything from them for about 3 days, then my cell phone starting getting calls. all day every day. From the dealership, and from cell phones from the different salesmen at the dealership. Then they started calling my job, I answered the phone once at my job and my salesman was on the line, I told him I wasnt signing anything else and I was letting my lawyer look over everything and he would be intouch with them. (I didnt have a lawyer) THen I got a call from the finance manager who i signed papers with. She said Leo told me what you said and we need you to come up here and discuss this. blah blah blah. I asked here why didnt she call before now and tell me what was going on and her reply was " I could have ", ITold her I wasnt signing anything and hung up on her. They wanted me to sign another contract with different terms and higher paymnts. Well on FEB 13 2008 I took the day off was as my husbands(we are seperated) house on the internet looking up info on Consumer Affairs and filing a complaint about dealership. I was the only one there. I had been keeping all my paperwork with me in my pocket everywhere i went I never left it in the car after all the phone calls. I heard someone outside, so i looked out the window and there was a TOW truck hooked up to my car getting it ready to be towed! I ran out there and asked him what the F--- was he doing? Why are you towing my car? He said "if you would have made your F---ing payment I wouldnt be towing your car!" I told him I just bought the car and payment wasnt do until april and he didnt know what the hell he was doing! He said he was towing it. I told him to put the car down and he wasnt towing it. He said he was, I said then he was towing me with it. I jumped up on the roof of the car and he said he didnt care and he would tow me too. He got in the truck and pulled out the driveway onto the highway and started down the road. I had the house phone in my hand and called 911. told them I was on the roof of my car that was being towed illegally down the road . 911 said you are on the car now and it is moving down the highway, I said yes, she said she would have deputies on their way. Tow truck finally stopped at the next house down, on the highway at my neighbors yard. when deputies got there, they told me to get of the car, they werent talking to me until i was off the car. they said i was acting like a 2 year old. one of the deputies didnt want to hear or see anything i had to show or say. the other one couldnt beleive the dealership was doing this. my husband arrived and asked if we could file a warrant for the tow truck for trespassing one of the deputies was about to tell us and the other one who was an a$$ (talking to the tow driver and laughing) blurted out NO we couldnt do anything. The tow truck driver wouldnt let me get anything out of the car. I told the deputys that i wasnt getting off the car because he was gonna tow it, the ******* deputy told me if i didnt get off the car he would arrest me. so i was pissed by then ,I got off the car went into the house, got my key opened the door threw my stuff out onto the side of the road. and cussed everyone of them. I still have the key to my car. To this day I have not heard anything out of the dealership, about refunding my down payment or anything! I did call an attorney unfortunalty when i said the name of the dealership they said they couldnt because they represented them!! I did call another attorney I knew a few years before. Waiting on that... Then I find out, after they initially pulled my credit report on 01/30. since 02/01 my credit was pulled 15 different times by 15 different lenders and counting. . so that is messing up my credit worse. And ....... they are still listing my car as being for sale. I just want to know your opinions on what to expect if i get an attorney and what the outcome would be! I am so pissed. I went to that dealer (they sell new and used) specifically looking for this car. I was about to leave the lot and they pulled one from the back that they just got in and just finished cleaning up!! I asked the salesman if they had any and he said no, I was in my daughters car about to leave and they brought one out! I drove it and wanted it!! I still want my car back!! I have been driving my daughters car since they repoed my car. I still have insurance on my GTO. If i do ever get it back they will probably have done something to it to ruin it!! ANY ONE???
  6. Why would a collection start listing this in the comments? "Reaffirmation of debt, collection account" Date Reported: 02/2007 Date Assigned: 01/2003 Creditor Classification: Medical/Health Care Creditor Name: DENTIST Accounts Number: 005XXXX Account Owner: Individual Account. Original Amount Owned: $260 Date of 1 st Delinquency: 11/2002 Balance Date: 02/2007 Balance Owned: $260 Last Payment Date: n/a Status Date: 02/2007 Status: D - Unpaid Comments: Reaffirmation of debt, Collection account Thanks for you response.
  7. I think the balance increases on them last year were about the same. Most of the time charged 2 times a month for various amounts.
  8. I did a search before I posted to see if anyone asked this before but I came up empty. How much can the OC charge every month in fees etc... to a CO account? My credit watch comes back as follows: 01/23/07 CRAP ONE balance increase $11 12/15/06 Crap One balance increase $47 11/08/06 CRAP ONE balance increase $32 10/27/06 Crap ONE balance increase $8 10/06/06 Crap one balance increase $29 09/11/06 Crap one balance increase $30 08/26/06 Crap one balance increase $28 07/13/06 Crap one balance increase $2 07/11/06 Crap one balance increase $100 05/20/06 Crap one balance increase $20 05/18/06 Crap one balance increase $49 04/24/06 Crap one balance increase $27 03/20/06 Crap one balance increase $29 02/27/06 Crap one balance increase $58 Is this legal ? This is most recent reporting as of 01/18/07 Account Number: *******XXXX Current Status: CHARGE-OFF Account Owner: Individual Account. High Credit: $0 Type of Account : Revolving Credit Limit: $0 Term Duration: Terms Frequency: Monthly (due every month) Date Opened: 01/2000 Balance: $3,269 Date Reported: 12/2006 Amount Past Due: $3,269 Date of Last Payment: 03/2001 Actual Payment Amount: $0 Scheduled Payment Amount: $0 Date of Last Activity: 09/2001 Date Major Delinquency First Reported: Months Reviewed: 11 Creditor Classification: Activity Description: Closed Charge Off Amount: $1,635 Deferred Payment Start Date: Balloon Payment Amount: $0 Balloon Payment Date: Date Closed: 03/2002 Type of Loan: Credit Card Comments: Charged off account, Account closed by credit grantor 81-Month Payment HistoryYear Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2006 * * * * * * * * * * * 2005 * * * * * * * * * * * * 2004 * * * * * * * * * * * * 2003 * * * * * * * * * * * * 2002 120 120 CO * * * * * * * * * 2001 * * * * * * 30 * * 30 60 90 2000 * * * * * * * * * * Payment History KEY Meaning Symbol Meaning Symbol Pays or Paid as Agreed: * 180+ Days Past Due: 180 30-59 Days Past Due: 30 Collection Account: CA 60-89 Days Past Due:60 Foreclosure: F 90-119 Days Past Due: 90 Voluntary Surrender: VS 120-149 Days Past Due: 120 Repossession: R 150-179 Days Past Due: 150 Charge Off: CO
  9. I edited this original post and added a letter can you give some input
  10. I talked to a Real Estate lawyer... He said he sees these types of things all the time. He said that I could do one of 2 things... Since I have already tried to get the title myself, and was unsuccessful that I could go to judge and demand a "Silent Title" but that would cost a few thousand dollars. --And I would need to go to the Seller and sue for court costs. OR I could sue for Breach of Contract, since the Sellers cannot provide a title. The lawyer suggested that I go to the DMV too.. But I told him I already did that. He said that basically a Mobile Home without a title is like a Car without a title.
  11. I have tried myself at the DMV for a title but they said without a title I would have to have a copy of a bill of sale for every owner that has had the home and a copy of complete tax receipts from the beginning when the home was sold to original owner. Plus I would have to know the names of owners all the way down to the original purchaser..
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