A relative of mine agreed to obtain a car loan through their credit union for me with a very low interest rate. I put a $2500.00 down payment on this new car and paid $600.00 GAP insurance, however, the loan was in their name. They eventually added my name to the DMV registration record. During the time I had possession of the car (1.5 yrs) I was the only one who drove it and paid for all the maintanence and upkeep on the car. After recently being assaulted by this person, I thought it best to sever all ties so I returned the car with a letter requesting the return of the downpayment. Do I have any legal basis for suing if the downpayment is not returned?
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Can I get downpayment on car back?
- Thread Starter sunnydays
- Start date
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army judge
Super Moderator
No.
Unless there is a written contract, the other
party will deny and aver your pleadings.
You can sue, of course, the likelihood of your
recovery is very slim.
Unless there is a written contract, the other
party will deny and aver your pleadings.
You can sue, of course, the likelihood of your
recovery is very slim.
mightymoose
Moderator
You agreed to pay the loan. no agreement was ever made that you could simply return the car whenever you like and you could have a refund, making the other party fully responsible for paying off the loan.
Don't feel secure in the fact that the loan is in your friend's name. You have established a payment history and will have great difficulty arguing that you do not owe the full balance.
This might go over best for you if you take the car back and get current with your payments.
You are absolutely wrong. You are not in any way entitled to the return of your down payment. I suspect your friend could sell the car if it is titled properly, and then your friend could sue you for any remaining balance.... but shame on your friend for being the trusting person that he/she is and allowing you to stick a knife in their back.
Don't feel secure in the fact that the loan is in your friend's name. You have established a payment history and will have great difficulty arguing that you do not owe the full balance.
This might go over best for you if you take the car back and get current with your payments.
You are absolutely wrong. You are not in any way entitled to the return of your down payment. I suspect your friend could sell the car if it is titled properly, and then your friend could sue you for any remaining balance.... but shame on your friend for being the trusting person that he/she is and allowing you to stick a knife in their back.
bluemann33
New Member
If you are on the title as you say then you should try and get the car back and finish paying for it. Hopefully your friend wont want to sell the car after payments are complete and get half the money.
bluemann33
New Member
Also be careful that the ex friend does not try and sue you, as army said their is a paper trail of you making payments which COULD have been a verbal contract if they try and say it was.
Moose,
I appreciate your feedback, however, your comment about sticking a knife in my relative's back is inappropriate.
I held up my end of the deal with regard to this car loan, took excellent care of the car, made payments ahead of time and for more than the minimum amount, paid for all the maintenence and upkeep and most importantly had every intention of paying the car in full. However, this person assaulted me and continues to be a threat to my well being, so instead of continuing to have ties with this person I chose to give the car back to avoid any further issues with them [there are some legal entanglements as a result of this person's actions which have cost me dearly and if I could have recouped some of the downpayment on the car I could perhaps keep my head above water financially speaking]. I have been advised to move out of area as the threat is that serious.
My intentions are well-meaning, but it appears based on the feedback I'm receiving here that they may not be sound in the eyes of the law.
I appreciate your feedback, however, your comment about sticking a knife in my relative's back is inappropriate.
I held up my end of the deal with regard to this car loan, took excellent care of the car, made payments ahead of time and for more than the minimum amount, paid for all the maintenence and upkeep and most importantly had every intention of paying the car in full. However, this person assaulted me and continues to be a threat to my well being, so instead of continuing to have ties with this person I chose to give the car back to avoid any further issues with them [there are some legal entanglements as a result of this person's actions which have cost me dearly and if I could have recouped some of the downpayment on the car I could perhaps keep my head above water financially speaking]. I have been advised to move out of area as the threat is that serious.
My intentions are well-meaning, but it appears based on the feedback I'm receiving here that they may not be sound in the eyes of the law.
army judge
Super Moderator
The "law" and "common sense" are often at disagreement!
mightymoose
Moderator
It may not have been a very polite thing to say, but certainly does seem appropriate under the circumstances.
This scenario is the equivalent of the kid on the playground that gets upset and takes his ball and goes home. You don't get to make up the rules as you go along.
Anyway, no ill will intended... was just driving home the point that you are on the wrong side of this one, and your friend who did you a favor by getting the loan was hung out to dry.
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