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Repo'd cars

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L

lost146

Guest
What is the name of your state?VA

Okay, here's a little confusion. My girlfriend bought a car thinking she had someone cosign for her. Turns out, though the dealership told her this was the case, in actuality, she was the secondary buyer of the car. The primary buyer was a relative of her boyfriend at the time. She paid all taxes and payments. She broke up with that boyfriend, who's relative got a little nervous and basically allowed the boyfriend to take the car. (But that's a whole other story.)
For all intensive purposes, the primary buyer took control of the car, during which time she didn't pay the loaner (Mazda American Credit). Three months later the primary buyer gave the car back to her, three months behind payment, and she began being hounded by collection department.
I was involved at this time, and offered to pay off the entire three months behind. But the collection manager I spoke to at the time said the only way was for me to pay through western union that night, the full amount, or they would repo car.
I thought it sounded weird. Repo guy shows up next day, I talk to him, he checks with the credit company to make sure there hadn't been a mistake, and he told me they were going to repo the car whether or not I paid the $1000, because the primary buyer was requesting the car be repo'd.
Whatever, I figured it was over with. The primary buyer would pay off the remaining balance after auction.
Now, three months since all that, my girlfriend gets a letter from a creditor, on behalf of Mazda American, stating that she owes $6,000. How can this be? Since she never really had control of the car, (even if her payments were up to date, the primary buyer could have just asked to have it repo'd), why isn't the primary buyer responsible for the balance after auction. And, MAzda American never notified us of when the car would be auctioned, or tried to contact my girlfriend, just sent her a letter demanding money.
I know the parties involved have made many mistakes, but this whole thing has been a nightmare. Advice? Suggestions? Can anyone tell me any advisable course of action? I thought once your car was repo'd, the loan company had to inform you when it was being auctioned.
Thanks, sorry for the length.
 


Ladynred

Senior Member
They do. They also have to tell you how much it sold for and how much is left owing. In this case, your GF was the CO-signer and all the repo info probably went to the PRIMARY buyer. The Primary buyer is also the one that would be pursued first for payment - if they won't pay, they go after the co-signer. I'd be willing to bet the 'relative' has refused to pay it, so the collectors are after your GF - and she IS liable for it.
 

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