The Energon Pub

Ok, here's the situation...

I am purchasing a car from a private owner. My payments are caught up, but the car was taken...out of my yard...because the bank had not posted the payment.

I have the receipt for the payment and now, because of this, I am missing two days of work while she jerks me around.

I wanna tap the collective here and see if any of you has any information about what I can about this.

I must be misunderstanding something. How can your car be reposessed if you bought it from a private owner?

I admit that my familiarity with repos extends to this: Watching Repo on truTV Monday nights and owning the DVD of Repo! The Genetic Opera.

But....

I suspect our friend might have bought a car from a private seller that still had a lien against it from a bank--as in--the seller expects the buyer to 'take over payments'. So instead of paying the seller directly, he may be paying the bank.

Repos don't often happen if you're only one payment behind, so I suspect there's a problem somewhere along the chain.


Random: Who are you giving money to? The bank or the original private seller?

Who owns the title to the car? Who pays insurance?

How long have you been paying on this car? (It's possible the non-payment that caused the repo might be from the seller's ownership)

What records can you provide the finance company of your payments?


HK, amateur de-bugger.

I am making payments to the person I am buying the car from, it's not a dealership. But, because the bank had not posted the payment, she comes and takes the car.

I have the deposit slip. The payment was made. Maybe "repo" is the wrong word, but the fact of the matter is she has the car in her possession.

She's not returning my calls. I'm not sure where to go from here.

to answer HK...she still has the title, the car is paid for as far as any bank is concerned and I have insurance on the vehicle. I'm not behind ANY payments. I have only been paying on it for about a month, but I make a payment from every check every two weeks.

The proof of my payments are in the glove box of the car. Simple solution would be to check those against the bank and bring the freakin car back. This should have been handled by now, but it's being dragged out for some stupid reason.

Random wrote:I am making payments to the person I am buying the car from, it's not a dealership. But, because the bank had not posted the payment, she comes and takes the car.

I have the deposit slip. The payment was made. Maybe "repo" is the wrong word, but the fact of the matter is she has the car in her possession.

She's not returning my calls. I'm not sure where to go from here.

to answer HK...she still has the title, the car is paid for as far as any bank is concerned and I have insurance on the vehicle. I'm not behind ANY payments. I have only been paying on it for about a month, but I make a payment from every check every two weeks.

The proof of my payments are in the glove box of the car. Simple solution would be to check those against the bank and bring the freakin car back. This should have been handled by now, but it's being dragged out for some stupid reason.

I hate to say it, but if she still has the title, and all your proof is in the car... you're kind of S.O.L. if she wants to make this hard. And it might even be a scam, since she didn't apparently give you the title at purchase. She has the title, they're going to say she owns the vehicle. I for sure wouldn't let her know all your proof is in the glovebox of the car she now has in her possession!

yeah, i hope you got a contract or somethin. a spit and a handshake doesn't hold up in court too well

Name_Violation wrote:yeah, i hope you got a contract or somethin. a spit and a handshake doesn't hold up in court too well

Just an email with the terms that I have gone by...

She's essentially done a Breach of Trust...but given that she has the title it'll be a pain to prove anything.

I'm probably just going to take this as a loss. She was a friend of my girlfriend, who is also pretty pissed about this.

Random wrote:

Name_Violation wrote:yeah, i hope you got a contract or somethin. a spit and a handshake doesn't hold up in court too well

Just an email with the terms that I have gone by...

She's essentially done a Breach of Trust...but given that she has the title it'll be a pain to prove anything.

I'm probably just going to take this as a loss. She was a friend of my girlfriend, who is also pretty pissed about this.

Depending on how much money you'd invested into the car yourself, you might consider small claims court to at least get your money back. Since you said you have emails: courts accept those as testimony.

One thing to consider: if your name wasn't on any legal paperwork, then at least you won't have this affect your credit. If she had signed over anything--the title or the lien--then you're on the hook for the money, AND you'll have a hard time in a few years when you want to get a loan to buy a house or something. Make sure your credit is clean!

I feel so bad for you: you trust someone, because she's a friend of a friend (and possibly a distant friend of yours) and this is how she treats you? I wouldn't be surprised if NONE of the money you gave her made it to the lienholder.

I had a friend once (only vaguely comparable situation) where he borrowed my car. Returned it rolling on the donut. Grabbed the keys to his truck (we'd swapped vehis for the weekend) and ran. Not only had he blown the tire, he'd damaged the rim. So I had to replace both. Courtesy of Frank's Tires and Goats, got replacement rim & tire for a whopping total of $35.

Know what that taught me? My 'friend' valued my friendship at less than $35.

Some people are dishonorable losers. Unfortunately, they prey upon the trusting and honorable, like yourself. It's hard to go forward without getting a little...mistrustful yourself, isn't it?

HK, people suck sometimes.