My question involves an auto loan or repossession in the State of: Georgia.
I bought a 2006 Subaru B9 Tribeca from a BUY HERE/ PAY HERE place. The payments were every 2 weeks, and I kept up with them religiously. I purchased the vehicle in March of 2014. In late August of 2014, while traveling about 2 hrs away from home, I noticed the temp gauge rising and I'm still WELL within my warranty. I spoke with my brother a mechanic in the US ARMY. he looked over the vehicle and noticed oil in the back up reservoir for the radiator (a blown head gasket). After speaking with the service station attendant, they said they wouldn't be able to look over the vehicle until the following Tuesday (since it was a holiday weekend). I was traveling out of town again and asked my husband to drop it off that Tuesday morning. The gentleman I spoke with on the phone said that there was no blown head gasket and that the car's temp was rising due to "ambient temperatures outside". He instructed to me to continue to make sure there was oil in the vehicle and that there was NOTHING wrong. I told him that before my husband picked up the vehicle, I would like to have all of what he told me in writing. So, when my husband picked it up the gentleman gave him a "service record". Nothing that we discussed was written down. (Figures) After I returned to town, and went back about my usual work week, I noticed the temp gauge going EVEN higher. Since, I live close by to the dealership/service station, if I was in town when it would rise, I would drive over so that they could see it for themselves. I was informed that I was a "worry wort" and that the car was fine, OVER AND OVER AGAIN. Flash forward to the middle of October, I was in an accident. I hydroplaned and did about three 360's and hit a mailbox with my passenger side front door. The mailbox came in through the window shattering glass all over the place and causing the airbags to deploy and airbag curtain on the passenger side. (Such an AMAZING car!) But as I soon found out, my insurance had lapsed and neither my husband nor I were notified. (An issue that the insurance company was at fault for, not us). Either way, I wasn't covered at the time of the accident. Therefore, that left me liable for the repairs. That's fine, I continued to drive the vehicle since it was still drive-able and planned to fix it at tax time. Then one morning, about a month after driving it again, on my way to work, the temp gauge reached the highest it had ever gotten and the vehicle started to shutter. The check engine light came on and my husband instructed me to get to the nearest gas station and put oil in it since that's what the service repairman told us to do. I did, and went to work. Later that day (on my way home from work) The car isn't any better. I ended up on the side of the road in a high traffic zone and waited for my husband. When he arrived he brought antifreeze and we put it in the radiator. I cranked the vehicle and drove it the additional 35miles back to my house. When I arrived, I left the car running and lifted the hood where I could see bright green radiator fluid spraying all over the engine. I turned off the vehicle and called the dealership. The Service station was closed (it was a Saturday) and the receptionist who I've spoken with on multiple occasions who knew about the accident and advised me NOT to mention it to ANYONE there, tells me NOT to bring the vehicle in for repairs because "If they see the damage from the accident they will take the car from me". And of course I am now out of my warranty. So, I told her that I wasn't going to pay for a vehicle I couldn't drive. And seeing as how they had me in a "Catch 22", I guess it's just gonna sit here. About 3 months later, I got a letter from a new company saying that my loan had been sold to a new company and that I would be responsible for paying them. The letter DID NOT have an address, phone number OR company name. So, honestly, I threw it out, because I figured it was gonna be any day now that they would be repo-ing it anyway. Well that was the last contact I have gotten from them, until today. The dealership FINALLY called me. I was at work and missed the call, and by the time I got the voicemail, it was after hours. So, I won't be able to talk to anyone until Monday. My question is: What are the laws of repossession? The vehicle hasn't moved since late November and is STILL in my yard. I am honesty surprised to still see it sitting there everyday I come home. Are they not allowed to come onto my property? Are they just ridiculously behind on their repo's? Why haven't they come to get it yet? And are there any laws saying that if I've had it in my possession for (X) amount of time that it's legally considered mine?!?!? I mean I haven't received any contact from them at all: no letters, phone calls, NOTHING. What am I suppose to do? I have (obviously) found other transportation and I'm not really concerned with trying to keep it. I just want to know what I am legally entitled to fight for. Thank you for taking the time to read this.
I bought a 2006 Subaru B9 Tribeca from a BUY HERE/ PAY HERE place. The payments were every 2 weeks, and I kept up with them religiously. I purchased the vehicle in March of 2014. In late August of 2014, while traveling about 2 hrs away from home, I noticed the temp gauge rising and I'm still WELL within my warranty. I spoke with my brother a mechanic in the US ARMY. he looked over the vehicle and noticed oil in the back up reservoir for the radiator (a blown head gasket). After speaking with the service station attendant, they said they wouldn't be able to look over the vehicle until the following Tuesday (since it was a holiday weekend). I was traveling out of town again and asked my husband to drop it off that Tuesday morning. The gentleman I spoke with on the phone said that there was no blown head gasket and that the car's temp was rising due to "ambient temperatures outside". He instructed to me to continue to make sure there was oil in the vehicle and that there was NOTHING wrong. I told him that before my husband picked up the vehicle, I would like to have all of what he told me in writing. So, when my husband picked it up the gentleman gave him a "service record". Nothing that we discussed was written down. (Figures) After I returned to town, and went back about my usual work week, I noticed the temp gauge going EVEN higher. Since, I live close by to the dealership/service station, if I was in town when it would rise, I would drive over so that they could see it for themselves. I was informed that I was a "worry wort" and that the car was fine, OVER AND OVER AGAIN. Flash forward to the middle of October, I was in an accident. I hydroplaned and did about three 360's and hit a mailbox with my passenger side front door. The mailbox came in through the window shattering glass all over the place and causing the airbags to deploy and airbag curtain on the passenger side. (Such an AMAZING car!) But as I soon found out, my insurance had lapsed and neither my husband nor I were notified. (An issue that the insurance company was at fault for, not us). Either way, I wasn't covered at the time of the accident. Therefore, that left me liable for the repairs. That's fine, I continued to drive the vehicle since it was still drive-able and planned to fix it at tax time. Then one morning, about a month after driving it again, on my way to work, the temp gauge reached the highest it had ever gotten and the vehicle started to shutter. The check engine light came on and my husband instructed me to get to the nearest gas station and put oil in it since that's what the service repairman told us to do. I did, and went to work. Later that day (on my way home from work) The car isn't any better. I ended up on the side of the road in a high traffic zone and waited for my husband. When he arrived he brought antifreeze and we put it in the radiator. I cranked the vehicle and drove it the additional 35miles back to my house. When I arrived, I left the car running and lifted the hood where I could see bright green radiator fluid spraying all over the engine. I turned off the vehicle and called the dealership. The Service station was closed (it was a Saturday) and the receptionist who I've spoken with on multiple occasions who knew about the accident and advised me NOT to mention it to ANYONE there, tells me NOT to bring the vehicle in for repairs because "If they see the damage from the accident they will take the car from me". And of course I am now out of my warranty. So, I told her that I wasn't going to pay for a vehicle I couldn't drive. And seeing as how they had me in a "Catch 22", I guess it's just gonna sit here. About 3 months later, I got a letter from a new company saying that my loan had been sold to a new company and that I would be responsible for paying them. The letter DID NOT have an address, phone number OR company name. So, honestly, I threw it out, because I figured it was gonna be any day now that they would be repo-ing it anyway. Well that was the last contact I have gotten from them, until today. The dealership FINALLY called me. I was at work and missed the call, and by the time I got the voicemail, it was after hours. So, I won't be able to talk to anyone until Monday. My question is: What are the laws of repossession? The vehicle hasn't moved since late November and is STILL in my yard. I am honesty surprised to still see it sitting there everyday I come home. Are they not allowed to come onto my property? Are they just ridiculously behind on their repo's? Why haven't they come to get it yet? And are there any laws saying that if I've had it in my possession for (X) amount of time that it's legally considered mine?!?!? I mean I haven't received any contact from them at all: no letters, phone calls, NOTHING. What am I suppose to do? I have (obviously) found other transportation and I'm not really concerned with trying to keep it. I just want to know what I am legally entitled to fight for. Thank you for taking the time to read this.
Sale and Deficiency: What Are My Options
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