[mltrevino84]

My question involves an auto loan or repossession in the State of: TEXAS

I am new at this, and this is a long one, so please forgive me in advance for any confusion, and thank you for your patience...

In March of 08, I surprisingly obtained a loan from a used car lot. I have major credit issues due to a financially-irresponsible spouse whom I was divorcing at the time. He took the car we had, and I had to get into a car by any (moral) means necessary for my toddler and I. Out of desperation, I accepted the ridiculous interest rate and the GPS device the car came with under these SPECIFIC terms outlined in my contract:

*I understand that if I am late on a payment or if my full coverage insurance should lapse, [B]my car may not start[B] until payment is received and/or full coverage insurance is reinstated.

*The GPS device installed on the vehicle has "tracking" capabilities, which can only be used in the event of theft or involuntary repossession.

THE POINT: My used car was from out-of-state and shortly after my temporary dealer tags (paper lp) expired, I got a call from the dealership stating I needed a "greensheet" but could only get it between certain hours. I worked those hours and could not get the time off to get a new inspection for a car with an already current inspection. My lunch hour was not enough time to book it across town, either. Well, the car lot reps showed up at the park (thanks to the GPS) where I was enjoying lunch one day, trapped me into my parking spot with their SUV and said they'd have to take the car. After discussing, they agreed to let me try and ask for time off. I did, it wasn't approved, and I went about my business after notifying the car lot.

I was at work one day, not too long after, and heard the chains of the towtruck putting my car on the bed. I ran outside, objected, tow guy said "take it up with the dealer" and "you shoulda made your payments on time!" WHAT IN THE WORLD?? They were on time, so I immediately called the lot and had my boss (who was an attorney) question the legalities of their actions. They immediately apologized and said I could pick the car up at the lot when I could. He drove me up there and the car had NO inspection sticker. They scraped it off and replaced it with an emissions sticker that, according to them, would suffice through 12/2008 in the event of a traffic stop.

That is twice that the GPS "tracking" capabilities were used. My car was not stolen nor were they repo-ing.

My payments have been on time since. My fault, of course- I let my insurance lapse. It's a complicated situation with that as well, since my policy had to be split due to the divorce, but ultimately, I had admittedly had no insurance here recently.

On a bad-weather December day, I slid into the back of a truck. No major damage at all, but the 15mph bump triggered the airbag sensor and out it came. The gentleman I hit was kind enough to work things out with me due to my insurance situation and the minimal damage to his bumper. Somehow, though, the car lot found out. I'm sure they were notified, but-

I got a call at my present job. I was laid off last summer (due to the firm's hard financial times) and spent 4 1/2 months unemployed and STILL managing to make payments. Anyway- I have been at this job for over a month now and hadn't given its info to the car lot yet, since I wasn't sure if this temp position would be offered permanently or not, but THEY CALLED ME HERE!

They wanted to talk about my lapsed insurance and a "late payment"... My payment wasn't even due yet. When asked how they got the number, they stated that they had "seen my vehicle parked here through GPS and figured it was my new job."

Third strike. I went to an actual Mazda dealership to talk to someone about getting into a new car and trading this one in. They ran my credit and mentioned the car lot wasn't even reporting to the credit bureaus and all this "illegal" grief was unnecessary. They couldn't recommend I surrender the car, but dropped a personal hint. SO, that was my plan.

The car lot beat me to the punch and picked up my car earlier this week after I (purposely) failed to make the payment. Honestly (and I am probably wrong for it), I saw no need to cough up 450 bucks when I was surrendering the car anyway. Now they are saying that because I failed to report the accident to them, I am facing FELONY charges! I looked at my contract and it did say "i am to notify the dealer of any accident I am involved in while the car is being financed", but nowhere did it say I'd face criminal charges.

I admit to being in default, but can prove that they were too. Can I countersue for invasion of privacy, since they used the GPS tracker for reasons other than those outlined in my contract? Would this kind of thing stand in court? I appreciate your feedback.

[Mr. Knowitall]

You can prove they were in default of what?

You didn't carry insurance, and got repoed. You recovered the car, didn't make payments, and got repoed. That's how it works.

If you think they did something wrong, unbury your allegation and explain it clearly and concisely.

[mltrevino84]

Nevermind, Mr. Knowitall, I got my answers.

This post was prepared in a fit of frustration, and it may have been entirely confusing. I had my car picked up only once and it actually wasn't for not paying my note, since I was still within the 15 days grace period of the due date. So, I technically wasn't late yet, according to the dealership. They just didn't like that my accident wasn't reported, so they picked up my car. This is what they told me when I met with them after this posting.

But just in case anyone else is in a similar situation-

I spoke to 2 attorneys to have every angle of this covered. I was directed to the Office of the Attorney General's Consumer Protection Hotline... who also directed me to the Texas Dept of Transportation's MV Division for Enforcement and Consumer Protection... who ALSO directed me to the Office of the Consumer Credit Commissioner. ALL of these agencies heard my story (a bit more concise and to the point, yes) and each representative advised me to file a complaint against this dealership with their department. I was told their practice of "protecting their collateral" and "contacting/threatening the purchaser" were unethical, illegal and were grounds to have their business put under the scope.

All I really want is for this to not happen to anyone else. So, I'm doing my part to ensure that.

When I told the dealer of the complaints I was filing- the attitude took a complete turnaround. I was even offered to have the loan deemed "fulfilled" and not as a voluntary surrender or repo, so long as none of these agencies were contacted...

No thanks.