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  1. #1

    Default My Car Was Repossessed Because I Didn't Make the Pick Up Payment on the Down Payment

    My question involves a consumer law issue in the State of: california
    I bought a car from a used car lot. gave them $2000.00 for a down payment but still owed $400 on the down payment. I was 3 weeks late with the $400.00 on the pick up payment. The guy took my car back before they secured financing for me and kept my money. Is that legal? How do I get my money back?

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: My Car Was Repossessed Because I Didn't Make the Pick Up Payment on the Down Paym

    Have you written them a letter (not an email) requesting your money (minus whatever fees/penalties are written into your contract) back?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: My Car Was Repossessed Because I Didn't Make the Pick Up Payment on the Down Paym

    I'm less interested in letters than in communications, generally. Did they tell you that they're not refunding the money and, if so, did they give you an explanation as to why they believe they can keep the money? If not, what effort have you made to communicate with them, and with what outcome?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,331

    Default Re: Illegal Repo in California

    Who was the seller? A dealer? An individual?

    Did you have registration in your name? Did the seller have any paperwork justifying the repo?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5

    Default Re: Illegal Repo in California

    the seller was a used car lot. they should have paid the registration fees to the DMV. I was never contacted by a repossessor. But they are claiming they have a repo #.... But they were unable to fullfill their end of the contract to get me financed because i never paid the pick up payment. so they took the car back, and kept the money. the contract was void as far as i can tell and a refund is in order. does any one know for sure.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,331

    Default Re: Illegal Repo in California

    It all depends on what the contract says.

    This was not a legal "repo," but, depending on the terms of the contract they might have been within their rights to retrieve the vehicle.

    If it is worth it, you might consider small claims court for a refund. But, if the court is able to determine that you still own the car AND the debt, you would then also be on the hook for the entire amount of the car ... and, if you can't get financing, that might be a problem.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7

    Default Re: Illegal Repo in California

    Someone had an issue a few months ago where the financing was never finalized. One of the opinions was that the contract was never completed. The person never followed up with what happened. California has a lot of good consumer protections in place. You should be able to get some good advice from a state regulator or pay for a consultation with an attorney. You did not put yourself in a great position by not paying that last $400.00. If you thought there may be any issues paying it you should of stated I have $2,000.00 to work with. If you the seller can't make it happen with what I have then you should of walked. I hope it works out for you but some of what will happen is determined by how honest the used car dealer is. The fact that it is a used car dealer sound bad from the beginning and at the ending.

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