Upland, CA asked in Consumer Law and Lemon Law for California

Q: I recently posted a question on here about how my car was paid off but got repossessed. the dealership said I had a loan

well I checked all three credit reports and screen recorded my credit reports online and sent it to the dealership to prove they are at fault and no loan was even talked about. what kind of demand letter can I send? is there any lawyers who will draft and send one for u at a cost of some of the demand?

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2 Lawyer Answers
Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: Sorry for your issues. Assuming all facts you state to be correct, you can go with an Auto Fraud claim (attorney) or you can go with an Unfair Debt Collection claim (Attorney) or someone who handles both. Anyone who practices consumer law should be able to handle OR refer to the proper firm.

Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Sorry to hear about your car. You say that a dealership repoed your car and you did not owe them any money? That is a civil wrong called conversion- taking someone's property without any right or permission. Your question is not clear what you want the lawyer to demand for you, return of the car would seem the most likely. Usually the dealership does not have the car in their actual possession, it goes to an impound lot. But you really need to check your purchase paperwork and be ready to present proof of all payments being made on the paperwork. The credit reports are interesting but not proof of the existence/non existence of a loan on the car, or your payoff of that loan.

You really need to take all this to an attorney, be sure to take every document that you have that relates to the car.

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