Consumer Law, Warranties Flaked on car payments

[racerm]

In April 2007 we had a legal contract drawn up in which an idividual was to take over responsibilty of making payments on a vehicle that we owed. Shortly after this we realized that we forgot to add a clause in which he was responsible for providing insurance althouogh a verbal agreement had been reached and insurance was being provided by him. Several months ago we received a notification that the insurance had been cancelled so we had our insurance placed back on the vehicle. In Oct we did not receive a payment for the vehicle and were unable to get any phone calls returned to us and so we made the payment so as not to be in default on the loan. In Nov we again did not receive a payment abut were told by the individuals mother that had moved to Chicago to find another job and would like us to come get the vehicle. We started trying to investigate what coursse of action we could take and if we retook posession of the vehicle what effect wouold it have on the contract. We were notified this past weekend that the vehicle had been towed by the city of San Francisco for non-payment of $1115 in parking tickets. Our lein holder had the vehicle picked up on Monday and we now also owe approx $1000 in tow and storage fees. My questions are what can we attempt to recoup from him if anything? The balance due on the loan is approx $13-14000 plus the $1500 in tow and storage fees and approx $200 in insurance premiums that we paid.

 

[Theresagail]

Technically the car was not yours to "Sale" so I doubt you will get anywhere with suing this person plus the amount has not been paid by you to the lien holder, so there is no loss to you.
There will be a loss to you once the lien holder sales the car and they sue you for the deficient balance. Most Lien holder contracts even state you are not able to do this sort of thing becuase if you do you are indefault of your loan contract. You can not sale somethign you dont own & you dont own that car till you have the title.