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  1. #1
    Join Date
    Apr 2015
    Posts
    2

    Default Private Seller Claimed Buyer Missed a Payment and Took the Car

    My question involves an auto loan or repossession in the State of: Arizona
    I bought a used car from a friend's family member (04 PT Cruiser) for $3000. He took $1100 down and said we could pay whatever payments we could afford until it was paid off. We went to DMV together, titled in my name with him as lien holder. I was due to pay him (per verbal agreement) $150 every two weeks until paid off. First payment was due 3/20. I went out of town and forgot to leave the money with my husband for him. I paid him Tues as soon as I came back to town 3/24. When I paid him that day, I asked if he was still going to help with the mechanical problems that he agreed to fix as he hasn't yet. He said he would replace the power steering hose that was causing the leak. I asked him if we could switch the payments to the opposite Friday rotation. Instead of the current schedule where I would be due on the 3rd, I wanted the due dates to coincide with my husband's pay dates. He agreed. So at this point, my next payment is due on 4/10. I had some extra money last week, so I paid him $100 on 3/30 and let him know that I would be paying $200 on 4/10 and then it would stay at $150 every other Friday. He said "cool".
    Last night I get a text "you shouldn't have lied about making your payment. I want payment in full in 30 days". I respond via text that "I didn't lie, tomorrow is Friday. So my next payment is due in 30 days for the remaining amount in full correct?". No reply or return call. About 25 minutes later, I go out to take my kids to the park and my car is gone. I don't even know when he took it, in fact I didn't even know he had a key. I call several times and he finally answers. He tells me that I can get the car back when I pay in full because I didn't make my payment in time. There was a long argument about what payments I made and when they due, somehow he conveniently didn't recall that we switched weeks and it was due tomorrow. So he just took the car and dumped half of my belongings on the side of a road and told me where to retrieve them. What rights do I have? Can I do anything? At this point I don't want to deal with this crazy guy anymore but I don't want to lose $1350. Yes, I know I was stupid for not getting anything in writing but I never thought he would mess with me like this. Also, I'm afraid of having the car in my name if he gets in an accident or something.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Private Party Sale with No Contract

    The car is titled in your name.

    He had no right of repo without a written contract that gave him that right.

    He stole it.

    Call the police.

    If that doesn't work you will have to sue him for the return of the car or the return of the money you already paid him.


    PS: Yes, you were really stupid to get into this deal.

  3. #3
    Join Date
    Apr 2015
    Posts
    2

    Default Re: Private Party Sale with No Contract

    Thank you!
    Yes, very very stupid of me!!!

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