My question involves an auto loan or repossession in the State of: Pennsylvania
in May 2012 I had my car break down on me while on a business trip for work, I stopped at a dealer closed to wear my auto started giving me problems, I looked over some cars on their lot and found one that I liked, the salesman checked with the finance manager, and they told me that I could get the car for a payment of $310 for 36 mths with $1000 cash down, plus they would give me $2000 in trade value for my old car, I agreed to purchase this vehicle for that amount.
I had my son with me, and he was very adamant to the salesman that we would not finance for longer than 36 months, the salesman and finance manager agreed to this, the finance manager then proceeded to get all the information, stated that he would have a finance agreement in a matter of minutes, after an hour neither the finance manager or the salesman would give us any info on the delay for completing the deal, at that time my son informed the Salesman that we wanted our old car brought back, and that we were going home, he felt that it would run long enough to drive home, or at least part of the way, or have AAA tow it home, the Salesman said he would go talk to the finance manager and see what the hold up was about 15 minutes later he comes out and said that the paper work was just now coming through, and my son told them to forget it, to just bring the old car back out of the shop we were going home, the Salesman then stated " we can't leave you drive that car home, it might not make it all the way", then he went back and talked to the Finance manager again who then came out and told us that the paper work was almost ready it would only be another few minutes, to make a long story short my son told them numerous times to return the car that we had arrived in, and the refused to do so, after 6 hrs of them playing around, with nothing to eat, and no place to get anything, my son had been calling a friend who owns a tow service , numerous times throughout the day about coming and picking up the old car and towing it back home an hour away, every time he did the salesman would go back and get the finance manager, who would then proceed to give us the same BS about the paperwork.
After 6 hrs, my son called AAA to come get the car and tow it home they told us they would be there in a few minutes, he also told the dealer that if they did not bring our old car back out front that he was also going to call the police. at that time the finance manager finally comes out tells us that all the paperwork was done and all we had to do was sign it, and we could leave it would only take about 10 minutes.
I was 75 yrs old, hungry, po'ed, etc,,, so I signed all the documents, after everything was signed the finance manager then proceeds to inform me that the payments were $319 a month for 60 months instead of the $310 for 36 months as agreed on , that the interest rate was 23% due to a bankruptcy that had been completely discharged 5 years before, and was no longer on any of my credit reports, and that I would need to sign an IOU to them (the dealership) for and extra $2000 cash along with the $1000 check I had written to them for the down payment when we first made the agreement (my son checked all of this when we got home), they also did not give me the $2000 allowance for trade in on the old car but on $1400 ( this was not ever told to us till my son was able to read all the documents, as the dealer refused to allow him to see any of it, since I was the one who's name would be on the paperwork.
My son has been telling me for the past 3 years that what the dealer and finance company did was illegal, that they basically held me hostage in order to get us to agree to purchase the car, and refusing to return our original auto when requested and demanded that they do so.
Yesterday the fiance company repo'ed the car because I am 2 payments behind, even though the agreed to a plan to make up those payments, the finance company sent a third party reposession company to repo the car, my son proceeded to tell the re possessor that he was to drop the car fro the tow hook and that he was to leave the property, the repoman refused thereby causing What my son said was a "breech of the peace" which I understand is illegal for repo men to do, the police were called, and the officer told me that I was to give the car to the repoman which I understand according to PA law, the Police are not allowed to do), the Police officer then took the paperwork that the repoman had given me after he refused to drop the car as ordered by my son, and refused to return those papers to me, the repoman also refused to remove the License Plate from the vehicle, he also proceeded to tow a front wheel drive car back to his garage 100 miles away on the front wheels with the transmission locked in drive.
My questions are.
1. what the dealer did to get me to purchase the vehicle, is it illegal as my son informed me?
2 Aldo was it illegal for them not to inform me of the changes to our original payment agreement, the down payment, etc until all the papers were signed illegal?
3. is it true that the finance company is liable for the dealers action in getting the auto financed.
4. IS what the repo man did also illegal, since he was told to release the car, and that the finance company was going to have to take legal action to repo the car (court hearing)
5. Is it true that what the Police Officer did by demanding that I release the car to the repo man also illegal?
5a: the Repoman told me that they were going to come take another car that is financed in both my name and my sons name, financed through a different bank who holds the lien, to cover any difference that arises from the sale of the first car, can they do this?
6. I am 78 years old, upset, worried sick, and need some honest opinions about what steps to take next, whether to sue the dealer, finance company, and repo man, or just let it go, etc...
Please Help, and Thank you for listening
in May 2012 I had my car break down on me while on a business trip for work, I stopped at a dealer closed to wear my auto started giving me problems, I looked over some cars on their lot and found one that I liked, the salesman checked with the finance manager, and they told me that I could get the car for a payment of $310 for 36 mths with $1000 cash down, plus they would give me $2000 in trade value for my old car, I agreed to purchase this vehicle for that amount.
I had my son with me, and he was very adamant to the salesman that we would not finance for longer than 36 months, the salesman and finance manager agreed to this, the finance manager then proceeded to get all the information, stated that he would have a finance agreement in a matter of minutes, after an hour neither the finance manager or the salesman would give us any info on the delay for completing the deal, at that time my son informed the Salesman that we wanted our old car brought back, and that we were going home, he felt that it would run long enough to drive home, or at least part of the way, or have AAA tow it home, the Salesman said he would go talk to the finance manager and see what the hold up was about 15 minutes later he comes out and said that the paper work was just now coming through, and my son told them to forget it, to just bring the old car back out of the shop we were going home, the Salesman then stated " we can't leave you drive that car home, it might not make it all the way", then he went back and talked to the Finance manager again who then came out and told us that the paper work was almost ready it would only be another few minutes, to make a long story short my son told them numerous times to return the car that we had arrived in, and the refused to do so, after 6 hrs of them playing around, with nothing to eat, and no place to get anything, my son had been calling a friend who owns a tow service , numerous times throughout the day about coming and picking up the old car and towing it back home an hour away, every time he did the salesman would go back and get the finance manager, who would then proceed to give us the same BS about the paperwork.
After 6 hrs, my son called AAA to come get the car and tow it home they told us they would be there in a few minutes, he also told the dealer that if they did not bring our old car back out front that he was also going to call the police. at that time the finance manager finally comes out tells us that all the paperwork was done and all we had to do was sign it, and we could leave it would only take about 10 minutes.
I was 75 yrs old, hungry, po'ed, etc,,, so I signed all the documents, after everything was signed the finance manager then proceeds to inform me that the payments were $319 a month for 60 months instead of the $310 for 36 months as agreed on , that the interest rate was 23% due to a bankruptcy that had been completely discharged 5 years before, and was no longer on any of my credit reports, and that I would need to sign an IOU to them (the dealership) for and extra $2000 cash along with the $1000 check I had written to them for the down payment when we first made the agreement (my son checked all of this when we got home), they also did not give me the $2000 allowance for trade in on the old car but on $1400 ( this was not ever told to us till my son was able to read all the documents, as the dealer refused to allow him to see any of it, since I was the one who's name would be on the paperwork.
My son has been telling me for the past 3 years that what the dealer and finance company did was illegal, that they basically held me hostage in order to get us to agree to purchase the car, and refusing to return our original auto when requested and demanded that they do so.
Yesterday the fiance company repo'ed the car because I am 2 payments behind, even though the agreed to a plan to make up those payments, the finance company sent a third party reposession company to repo the car, my son proceeded to tell the re possessor that he was to drop the car fro the tow hook and that he was to leave the property, the repoman refused thereby causing What my son said was a "breech of the peace" which I understand is illegal for repo men to do, the police were called, and the officer told me that I was to give the car to the repoman which I understand according to PA law, the Police are not allowed to do), the Police officer then took the paperwork that the repoman had given me after he refused to drop the car as ordered by my son, and refused to return those papers to me, the repoman also refused to remove the License Plate from the vehicle, he also proceeded to tow a front wheel drive car back to his garage 100 miles away on the front wheels with the transmission locked in drive.
My questions are.
1. what the dealer did to get me to purchase the vehicle, is it illegal as my son informed me?
2 Aldo was it illegal for them not to inform me of the changes to our original payment agreement, the down payment, etc until all the papers were signed illegal?
3. is it true that the finance company is liable for the dealers action in getting the auto financed.
4. IS what the repo man did also illegal, since he was told to release the car, and that the finance company was going to have to take legal action to repo the car (court hearing)
5. Is it true that what the Police Officer did by demanding that I release the car to the repo man also illegal?
5a: the Repoman told me that they were going to come take another car that is financed in both my name and my sons name, financed through a different bank who holds the lien, to cover any difference that arises from the sale of the first car, can they do this?
6. I am 78 years old, upset, worried sick, and need some honest opinions about what steps to take next, whether to sue the dealer, finance company, and repo man, or just let it go, etc...
Please Help, and Thank you for listening
Repossession: Fraudulent Dealer Selling Tactics, and Repossessions
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