Can they repossess our car? What can we do?

[BigJohn]

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[HHM]

1. It is true that a Wachovia branch probably cannot accept the payment...the car lender is a completely different entity.

2. I get the sense we are getting a "one sided" account of the situation.
What complaint did you file against them...and what are these "bad scores" you refer too.

However, generally it is the lender that would repo, not the dealership (assuming the lender underwrote the loan). Frankly, something in the story does not add up.

[BigJohn]

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[treehugger1]

What's the deal? Do you have two contracts? One with Wachovia and one with the "dealer." This still does not add up. Who holds the lien on the vehicle? Were this me, I would contact my appropriate state transportation department and see who has the perfected lien. This should show on the state title record. Do you have copies of signed contracts with Wachovia? If you changed lenders by some contract change throught he dealer, who is the current lender on the contract?

[BigJohn]

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[wayne-o]

I imagine that the dealer probably can come get the car. I am most sure that one of the many documents you signed says that your "approval" was based on information you provided and if any information proved to be false the "approval' could be revoked. I recently bought new car and had the same verbage. A new car loan is not a right

[Flamingo]

OK - contract one fell through due to your credit; the dealership got you contract two so you could keep the car at the terms Wachovia wanted so you could get the loan. You objected to those terms, indicating so and filing a complaint, but kept the car under the new terms by still signing. Unfortunately, you can't have your cake and eat it to under these circumstances because it appears the dealer did everything they could to get you to keep the car but you objected.

If you want to keep the car under the new terms and since you already made the first payment to Wachovia, why don't you try calling both places and apologize for your misunderstanding of the entire situation and see if that will resolve everything. I don't know how angry you are as to what went down during the second contract situation, but it does appear the dealership tried to get you to keep the car and got a loan for you, which you did not have to accept.

Best of luck to you - I hope you get this straightened out...

[HHM]

Yeah, this is a tough situation...the odd thing is that you apparently have an account with Wachovia.

If the dealership attempted to repossess, you probably have a good faith basis to object.

[Cali]

If you weren't happy with the terms in the 2nd contract, you shouldn't have signed the contract. I don't get why people do this. I would never agree to anything I wasn't comfy with, even if it means me riding the bus.

I hope you get this situation fixed. Good luck!

[Flamingo]

I still think there is more to this than meets the eye and if everyone sat down rationally and tried to work things out, it can be straightened out. It all depends if the OP wants to keep the vehicle. I believe the OP felt ripped at the presentation of the second contract signing and everything was just handled wrong by both parties. Things are tough when bad credit is involved making things so much more complicated.

The OP certain has the right to have the entire situation investigated and charges pressed if he feels his rights were violated in some way or felt pressured to sign the second contract. The situation sounds a bit confusing and I believe there was a lot of confusion and miscommunication involved.

[BigJohn]

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[HHM]

Have you actually called Wachovia to get the status of your account?

Also, you may need to make a trip to the DMV and request a "title copy" or something like that to see how the vehicle is actually titled, and to whom.

I am surprised the cops even went so far as to call the dealership, most police would simply tell you it is a "civil matter".

Sounds like the "repo guy" on the phone was a scare tactic. I doubt he was a true repo guy. BigBoy has given you some good advice.

[BigJohn]

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[Bell30656]

What I am thinking is that they fronted you the car believing that you would be approved by the finance company and then you were not. So they whipped up a new lender willing to take you as a customer but you didn't want to accept the terms, signed the documents claiming to be under duress... So now this lender doesn't want any part of it, the dealership wants the car back and for you to never come into their lot again...

If the dealership has not received the check from the lender and the dealership still has the title to the car, the car will get repossessed. One thing you have to worry about is getting a criminal charge. In this state (GA) they can actually present a pretty decent case for a THEFT BY CONVERSION charge.

Remember they don't have to be able to convince a jury to convict you to really hurt you, but rather just convince a judge to swear out a warrant for your arrest. Once the boys in the brown uniforms show up, it won't matter who you paid what to.

If you still have doubts to the ownership of the vehicle call an attorney.

[BigJohn]

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