When Should You Voluntarily Surrender a Vehicle

Hi,

I'm in need of serious help. I have a 2004 dodge neon i bought this year from car credit city. I pay $400 a month faithfully and the car was bought for 10k. now few days after i bought the car started having problems. car credit city has a contract with a repair p[lace called firestone. to try to shorten the story the car has seen fire 7 times and my car is still having the same mechanical issues. in between taking the car back up to firestone i also called the bbb hopeing that will help but it didnt do no good. i took my car to my dads mechanic and his mechanic said that the car didnt hardly look like it was even worked on. i spent around $500 getting part of the problem fixed but my car is still stopping on me and breaking down on me and im at my limit. I don't know what to do. I so afraid that my car is going to keep on breaking down and i need my car to get to work. i had got approved at another car dealer to get another but they will not take the car since it so upside down on the loan. i know that voluntairly surrendering the car will take a big hit and i know i would still owe money on the car which i still dont mind paying it down it just want be $400 dollars. any advice?

Most cars burn up after the first fire. You bought it this year? It is only 01/07, you must give them time to fix the problem unless you have a magic cancellation clause. Nothing would stop you from voluntary surrender however, expect to be sued for thousands.

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Quoting Disagreeable

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Most cars burn up after the first fire. You bought it this year? It is only 01/07, you must give them time to fix the problem unless you have a magic cancellation clause. Nothing would stop you from voluntary surrender however, expect to be sued for thousands.

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Ya disagreeable is right.....not much you CAN do but give this car credit city another opportunity to correct the issue.....buuuuuuttt... I would save all receipts and records including dates your without transportation and try talking to the manager.

I'm sick of folks here NOT DA specifically but some just advising consumers who have been sold defective merchandise on contract to "suck it up".

I think we all have to believe the courts somewhere are as sick of unethical business as the rest of us. Be prepared to bring a suit in small claims court and try using existing lemon laws ....also bad mouth the business if they refuse to help... Here in VA we have been succesfull at putting dealers out of business by getting the military to place dealers who act in bad faith on a "cannot use" list.
Cut out the military customer base and these polyester suited scumbags fold up shop soon after.

Of course you wanna use this as a last resort but also remember that BBB is a huge scam so never waste your time with those leeches.

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Quoting publiuslocal

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I'm sick of folks here NOT DA specifically but some just advising consumers who have been sold defective merchandise on contract to "suck it up".

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If you have anything useful to add to a thread, nobody broke your typing fingers. Sniping at other forum members isn't helpful. If you have law to share, share it.

Used car lemon laws are a rarity in this nation. Unfortunately we don't know what state is involved.

Thanks guys.

I guess i should do a little clarification. i bought the car in july 2013. i know its the new year and sometimes i forgot thats its a new year lol. I felt that i gave them alot of time and been patient but here it is Janurary and the car is still not fixed

What is specifically wrong with the car? How long did the car lot agree to warranty it or is this an aftermarket warranty? Mileage? What has happened to depreciate the car aside from this?

In what state?

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Quoting techboi91

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Thanks guys.

I guess i should do a little clarification. i bought the car in july 2013. i know its the new year and sometimes i forgot thats its a new year lol. I felt that i gave them alot of time and been patient but here it is Janurary and the car is still not fixed

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Most likely you have given them ample opportunity....unfortunately most of our civil courts today are corrupted tools of big business where attorneys with new judgeships like to try to build a strong donation base of law firms and business. It's a rarity to find any justice in these cess pools. Again surrendering the car doesn't do you any good. In fact as long as you have the car you have better leverage to try to negotiate something closer to what's fair. Heck I even advocate getting the new car and garaging the lemon so that the lender cannot repossess till YOU are prepared too and until you feel you've reached the best possible deal. Just remember voluntary repos are NO better ... Your still charged all the sane fees,deficiencies and etc.
If your in a particularly poor financial position consider chapter 7 and stick the sorry ass dealership with the turd.

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Quoting Disagreeable

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What is specifically wrong with the car? How long did the car lot agree to warranty it or is this an aftermarket warranty? Mileage? What has happened to depreciate the car aside from this?

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There's a list that is wrong with the car:
1.When the car is at a stop light. The car idles low and vibrates really bad
2. a hose that goes to the transmission to the radiator makes a whistling noise
3.on a warm start, the car has trouble starting.
4. on a cold start the car makes a knocking noise
5. sometimes every now and then my car will just shut off. sometimes it has its good weeks where it doesn't shut off

The car dealer agreed to a 30 day warranty but i had to keep on bringing the car back their shop because the car was not fixed. even after the warranty they still agreed to fix t but like i said when i took it to another mechanic, the mechanic said it didn't even look like the car was even worked on.

The mileage on the car is 123,606

only thing i can say that happened to depreciate the car is one day when my mom was moving my car, she accidentally scrapped the bumper.

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Quoting Mr. Knowitall

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In what state?

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St. Louis Missouri

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Quoting publiuslocal

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Most likely you have given them ample opportunity....unfortunately most of our civil courts today are corrupted tools of big business where attorneys with new judgeships like to try to build a strong donation base of law firms and business. It's a rarity to find any justice in these cess pools. Again surrendering the car doesn't do you any good. In fact as long as you have the car you have better leverage to try to negotiate something closer to what's fair. Heck I even advocate getting the new car and garaging the lemon so that the lender cannot repossess till YOU are prepared too and until you feel you've reached the best possible deal. Just remember voluntary repos are NO better ... Your still charged all the sane fees,deficiencies and etc.
If your in a particularly poor financial position consider chapter 7 and stick the sorry ass dealership with the turd.

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I know car credit city has a program where the payments can get lowered. for every $500 i make against my car loan they will take $10 off my payment. i thought seeing if my dad can help me make a big payment on the loan to where it lower the payment down and i could afford another car but knowing my dads track record of keeping promises its kind of a shot in the dark.

sometimes i thought about chapter 7 but I don't know i'm ready for that.

So what did the other mechanics say is wrong with it? It sounds like the TPS is bad, a coil or cylinder(s) are misfiring or it has an injector issue.

The other mechanics said it was the motor mounts or IAC but heres the kicker. I did some inspecting on my own. They said they replaced the parts but the motor mount rubber inserts looked dry rotted and the IAC had a sharpie marker on it which tells me Either the parts was never replaced or they are used parts. I've been thinking about filing bankruptcy and giving the car because the latest update with this nightmare. The sunroof brackets had broke and the transmission is slipping

When you buy a used car you take a big risk. There are lemon laws but there are time limits and in some states they do not always protect a used car buyer. You could file an action against the dealer who sold you the car but it won't be cheap or easy. The question will be raised, what are your responcablities, did you read the carfax, did you have the car inspected before you made the purchase. That old saying, let the buyer beware will be thrown in your face. Depending on your state will determine how the courts will treat you. You can be 100% correct and show evey step and still loose. If you didnt read the carfax and the information was there the court will say you were neglegent. It is not an easy fight to win. If you surrender the car you may be sued but the state laws may make it very hard to enforce the judgement. Some states cannot garnish wages so that makes it near impossibe to enforce. Sit down with a attorney and plan your actions carfully. You already made one choice to quickly. Don't make the same error twice.