Dealership Repossession after Stop Payment on Down Payment in California

[MzLinette]

On 7/27/07, I purchased a used Chrysler PT Cruiser. One week later, I had to take the vehicle in for service due to severe shaking and hesitation in acceleration around 20-25mph. After leaving vehicle for 2 days with no loaner vehicle, I picked up car. Next day, car proceeded to have same problem. I called back to service department and was told would need to bring car in again and leave for 2 days again. Again, I asked for a loaner to get back and forth to work (which is over 40 miles from where I reside), was declined. Unable to bring car back without loaner (needed car to get to work, which I why I bought the car to begin with), I stopped payment on down payment check of $1500.00 and sent letter requesting a loaner vehicle while the vehicle was being repaired. Instead of getting the requested service, I got a repossessed vehicle. Now, I am dealing with the first payment due in one week, a repossessed car that still may not have been fixed and a dealership that will not take my calls, emails, faxes. Anything that I can do?

[Mr. Knowitall]

You didn't attempt to observe California's lemon law, you chose not to attempt a second repair, and you stopped payment on your down payment, so unfortunately this is exactly what you should have expected would happen. You can try to pay the amounts you owe to get the car back, or you can let them auction the vehicle, probably end up with a significant deficiency judgment, and have a major black mark on your credit report. Personally, I would take the former approach.