This is the original post ... but replicated as best as possible here... thanks for the reads....
http://www.thelaw.com/forums/showthread.php?p=21695&mode=linear#post21695
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Yes it does sound bad, but here is the deal. I received a straw purchase, and for those of you that dont know what it is, its where someone w/ better credit actually makes the purchase of say of a vehicle, but for all intents and purposes it will not be theirs, but will be urs to have. The dealership actually in the process of the sale found out and almost didnt sell my dad the car, but they went ahead and followed thru w/ the purchase. See my father signed for a car for me brand new off of the lot, in 2003. I put my car in on a trade in for the new car and was given $4500 for the trade. I have made every payment on this car at $375.00 (there abouts) and have maintained the insuarance coverage on the vehicle. I lost my job in late October and was unable to locate a job until January. I fell behind in the payments, but maintained the insurance at all times. My Mother helped me out w/ the payments and she told me that she would make them while i was out of work. There were no terms as to repayment of these payments when they were made, I assumed she was just being a mom helping her son out in a rough patch... THank God I maintained the Ins coverage because I had an accident and the car had to go to the shop.... to keep a very complex story down to its shortest and most concise, the insurance company mailed the check to the house, and it was cashed not by myself, and used for other reasons besides the repair of the car. Where it was spent is irregardless as the money wasnt avail when the car was avail for p/u. When the car was ready, i did not have the $2800.00 to get the car out of the shop, worked several jobs to save the money and had it in full by 2nd week of April. My parents had already p/u the car, and now since they interviened they will not release my car to me untill i make all back payments and pay for the repairs of the car. The repairs of the car i understand need to get payed, but they slammed me w/ the back carpayments, and that easily puts me behind another $1500.00 on top of the $2800.00 i already owe totaling it to $4300.00+ for the car. I had $3000.00 to give them and they will not budge or work w/ me on the remainder, and will only return the car when it has been paid for in full, and meanwhile i am falling even further and further behind on payments while they make the payments on their own physically making it impossible for me to "buy" back my car. My question is (which i assume i know the answer to this) can they do this? I know its in his name, may not be right how they are going about it, but its by all rights, their car... so what about my car that i traded in at a $4500.00 value, and all the payments i have made thus far? This car is about to be paid off, and I am about to lose every last dime i put into this car, just so that they dont have to buy another car for my sister who will be turning 16 within the year. I dont think that they are right for doing what they are doing, but thats not what the forum is about.... I want/need to know what, if anything, I can do to be reimbursed my what i put into this purchase that appearently is on its road to a very sour end. I am going to lose everything. I lost my trade in, now if i lose this car i lose the new car and also my trade in, plus every stinkin payment, insurance payment, upkeep and maintance costs that i have put into this car and nothing to show for it. What can i do providing that I provide the burden of proof that I made the payments the whole time, that I kept the liability of insurance on the car the whole time, that the car was, well, mine... and bought for that very intention. To be my car. Now at the most convinient time for them they are backing out of the agreement made in good faith, and i am being left with nothing. I need transportation to get to work and back, and i am having to bum rides everywhere i go, i saved every dime i had even my electricity was turned off because i was hoarding my pennies to get the car out of the shop quicker....
Can a lawyer help me?
Thanks
Car-less in Dallas
http://www.thelaw.com/forums/showthread.php?p=21695&mode=linear#post21695
__________________________________________________________________________
Yes it does sound bad, but here is the deal. I received a straw purchase, and for those of you that dont know what it is, its where someone w/ better credit actually makes the purchase of say of a vehicle, but for all intents and purposes it will not be theirs, but will be urs to have. The dealership actually in the process of the sale found out and almost didnt sell my dad the car, but they went ahead and followed thru w/ the purchase. See my father signed for a car for me brand new off of the lot, in 2003. I put my car in on a trade in for the new car and was given $4500 for the trade. I have made every payment on this car at $375.00 (there abouts) and have maintained the insuarance coverage on the vehicle. I lost my job in late October and was unable to locate a job until January. I fell behind in the payments, but maintained the insurance at all times. My Mother helped me out w/ the payments and she told me that she would make them while i was out of work. There were no terms as to repayment of these payments when they were made, I assumed she was just being a mom helping her son out in a rough patch... THank God I maintained the Ins coverage because I had an accident and the car had to go to the shop.... to keep a very complex story down to its shortest and most concise, the insurance company mailed the check to the house, and it was cashed not by myself, and used for other reasons besides the repair of the car. Where it was spent is irregardless as the money wasnt avail when the car was avail for p/u. When the car was ready, i did not have the $2800.00 to get the car out of the shop, worked several jobs to save the money and had it in full by 2nd week of April. My parents had already p/u the car, and now since they interviened they will not release my car to me untill i make all back payments and pay for the repairs of the car. The repairs of the car i understand need to get payed, but they slammed me w/ the back carpayments, and that easily puts me behind another $1500.00 on top of the $2800.00 i already owe totaling it to $4300.00+ for the car. I had $3000.00 to give them and they will not budge or work w/ me on the remainder, and will only return the car when it has been paid for in full, and meanwhile i am falling even further and further behind on payments while they make the payments on their own physically making it impossible for me to "buy" back my car. My question is (which i assume i know the answer to this) can they do this? I know its in his name, may not be right how they are going about it, but its by all rights, their car... so what about my car that i traded in at a $4500.00 value, and all the payments i have made thus far? This car is about to be paid off, and I am about to lose every last dime i put into this car, just so that they dont have to buy another car for my sister who will be turning 16 within the year. I dont think that they are right for doing what they are doing, but thats not what the forum is about.... I want/need to know what, if anything, I can do to be reimbursed my what i put into this purchase that appearently is on its road to a very sour end. I am going to lose everything. I lost my trade in, now if i lose this car i lose the new car and also my trade in, plus every stinkin payment, insurance payment, upkeep and maintance costs that i have put into this car and nothing to show for it. What can i do providing that I provide the burden of proof that I made the payments the whole time, that I kept the liability of insurance on the car the whole time, that the car was, well, mine... and bought for that very intention. To be my car. Now at the most convinient time for them they are backing out of the agreement made in good faith, and i am being left with nothing. I need transportation to get to work and back, and i am having to bum rides everywhere i go, i saved every dime i had even my electricity was turned off because i was hoarding my pennies to get the car out of the shop quicker....
Can a lawyer help me?
Thanks
Car-less in Dallas
