What is the name of your state? New York
I purchased an used Chevy Astro Van from Park Auto Sales in the Bronx, New York in the fall of 2003. Almost immediately I had problems with it. On several occasions it would not start. The dealer did repair it under the terms of the warranty. No matter how many times it's been repaired, the problem continued.
I finally ended up transferring the van to my brother. The dealer told me I had two back payments to make before he would allow me to transfer it. The repayment schedule the dealer had prepared was not clear so I didn't even know I was behind. I made good on the last two payments and transferred the car to my brother.
My brother continued to experience the same problems with the van that I had. He called the dealer and explained that since the van kept on breaking down and he couldn't really afford the payments anyway, they should come take it back. They came and took the van back. When they took the van, they gave him a piece of paper breaking down how much had been paid to date and that it was voluntarily surrendered.
A week or two ago I received a document in the mail stating that I am being sued by Park Auto Sales for the full amount of the van. In the document they say that the van was repossessed by them. As I stated above, the van was voluntarily surrendered.
Since I transferred the van to my brother and he surrendered it to the dealer, I feel that we are being taken advantage of.
Also, under the New York State Lemon Law, since the dealer has the car back and it was never repaired to anyone's satisfaction, aren't I entitled to some money back? I feel that if I'm responsible for anything, it would be from my last payment until they towed the car.
Are any laws being broken here? If so, can you tell me what they are?
I purchased an used Chevy Astro Van from Park Auto Sales in the Bronx, New York in the fall of 2003. Almost immediately I had problems with it. On several occasions it would not start. The dealer did repair it under the terms of the warranty. No matter how many times it's been repaired, the problem continued.
I finally ended up transferring the van to my brother. The dealer told me I had two back payments to make before he would allow me to transfer it. The repayment schedule the dealer had prepared was not clear so I didn't even know I was behind. I made good on the last two payments and transferred the car to my brother.
My brother continued to experience the same problems with the van that I had. He called the dealer and explained that since the van kept on breaking down and he couldn't really afford the payments anyway, they should come take it back. They came and took the van back. When they took the van, they gave him a piece of paper breaking down how much had been paid to date and that it was voluntarily surrendered.
A week or two ago I received a document in the mail stating that I am being sued by Park Auto Sales for the full amount of the van. In the document they say that the van was repossessed by them. As I stated above, the van was voluntarily surrendered.
Since I transferred the van to my brother and he surrendered it to the dealer, I feel that we are being taken advantage of.
Also, under the New York State Lemon Law, since the dealer has the car back and it was never repaired to anyone's satisfaction, aren't I entitled to some money back? I feel that if I'm responsible for anything, it would be from my last payment until they towed the car.
Are any laws being broken here? If so, can you tell me what they are?