I reside in SC where the Cure law is in effect. My vehicle was repossed 10 days ago and just yesterday we removed our property from the vehicle at the repo yard. Ten days ago we were 46 days past due for payment on our vehicle. Our payments were $150 every 2 weeks so we were 3 payments behind and 2 days into our next payment cycle at the time the vehicle was taken. The ironic part about the situation is that we were about to make a payment the morning the vehicle was taken.
Due to our financial situation during the holiday season we just fell behind on everything. Not because we are irresponsible or anything; work was slow being that I am a Handyman and home owners don't get a lot of work done during the season. Our cell phones were off and we don't have a house phone. We did neglect to call the lot to keep them up to date on our situation so I don't excuse my behavior. I was being irresponsible in how I was handling the situation. So as a result the Dealer did say they were unable to contact us (an excuse as well) and a repossession was warranted. The vehicle was repoed at night or early in the morning. I did not know of it until I walked out the door to go to work. We went to a phone and called the Dealer and they explained the past due amount in addition to a $250.00 repo fee and late charges, totaling over $800 dollars that we owed in order to get in proper standing. What they didn't say is that we had to pay all of that before we could redeem the vehicle. So a couple of days later we borrowed some money on top of the $150 that we already was going to pay on it and made a $450 payment thinking that we were going to be able to get the vehicle and pay the rest before 2 weeks expired. But that is when they told us that they agreed to us bringing the half in and giving us 14 days to bring in the rest, but that we could not get the vehicle until the balance due was paid. So we demanded that we get that payment back. They threatened to take us to court and told us that we had now less than 10 days to pay. They gave us the payment back and told us again about the due date. We gave back the money that we borrowed.
We had the vehicle for 5 months and have paid over $3000 dollars into it. The vehicle was listed at $6990 and after financing we were paying almost $9000 (a little over $3000 finance charge on $5800 after our deposit ).
Although I agree a repo was in fact warranted we did not receive the Twenty Day Right To Cure Notice detailed in the UCC. This I learned of afterthefact when I did my research. My question to you is is there a recourse that I can take as a result of the Dealership not complying with the legal process outlined in the UCC?
Sorry for the unnecessary details but thank you for your time.

