I only had my new max a week before i did this to it...
12-13-2002, 06:02 AM
#41
UPDATE
wow, i can't belive this guy! he is such a bastar*! heres what happened:
i called up my lawyer to ask him about all of this and he said everything that you guys were saying to me. so he told me he would give this guy a call. so 20mins pass, and my lawyer calls. he said "that guy is imposiable! there is no getting through to him, i just got into a 10 minute arguement with him! go down to the police station and have an escourt down there... what he is doing is against the law." so with that said, i was happy. i called AAA to meet me down at the dealer, and then i went down to the police station and told them everything. they agreed to come out and help me.
we arived there with the police, and the tow truck was already there waiting for us, which was awsome timing. as soon as we entered the building the dealer said "hello officer." and then right after it "he's not taking the car." the officer said there is no reason why he can not have his car back. and they starting fighting about it! the officer got so mad he was yelling at him! he finally said "weather you like it or not, this car is leaving your garage right now. he has made his payment on time, and he has his bill of sale. there is nothing you can do about it." so the dealer got all pis*ed off and starting moving stuff around slaming stuff, and he had to call his lawyer. after that he still try to talk the cop out of it by saying he still has the title, so it is not my car yet. so th cop said: "i own my house, but i pay my morgage.. does this mean that they have to fix my house when it breaks and no one else? no! i cn have anyone fix it because it is MY HOUSE!" OH IT WAS GREAT! so he finally back down and let the car out. i apologized to him that i had to do it this way, and the dealer said "don't even talk to me chris." hah. o well. he was sooo mad it was awsome.
the cop came to afterwards and said to me "chris, this guy is a slimeball. my advice to you is that you pay off your loan w/him asap. i would also advise that you take a bank loan for this. just get him out of your hair. i wish you luck."
so now it is all over and i had it towed to another place. thanks for all the help, and kind words guys.
i called up my lawyer to ask him about all of this and he said everything that you guys were saying to me. so he told me he would give this guy a call. so 20mins pass, and my lawyer calls. he said "that guy is imposiable! there is no getting through to him, i just got into a 10 minute arguement with him! go down to the police station and have an escourt down there... what he is doing is against the law." so with that said, i was happy. i called AAA to meet me down at the dealer, and then i went down to the police station and told them everything. they agreed to come out and help me.
we arived there with the police, and the tow truck was already there waiting for us, which was awsome timing. as soon as we entered the building the dealer said "hello officer." and then right after it "he's not taking the car." the officer said there is no reason why he can not have his car back. and they starting fighting about it! the officer got so mad he was yelling at him! he finally said "weather you like it or not, this car is leaving your garage right now. he has made his payment on time, and he has his bill of sale. there is nothing you can do about it." so the dealer got all pis*ed off and starting moving stuff around slaming stuff, and he had to call his lawyer. after that he still try to talk the cop out of it by saying he still has the title, so it is not my car yet. so th cop said: "i own my house, but i pay my morgage.. does this mean that they have to fix my house when it breaks and no one else? no! i cn have anyone fix it because it is MY HOUSE!" OH IT WAS GREAT! so he finally back down and let the car out. i apologized to him that i had to do it this way, and the dealer said "don't even talk to me chris." hah. o well. he was sooo mad it was awsome.
the cop came to afterwards and said to me "chris, this guy is a slimeball. my advice to you is that you pay off your loan w/him asap. i would also advise that you take a bank loan for this. just get him out of your hair. i wish you luck."
so now it is all over and i had it towed to another place. thanks for all the help, and kind words guys.
12-13-2002, 06:41 AM
#42
Chris, I agree with that cop 100%. Get that car paid off ASAP. Get a personal loan, a car loan, put it on a crdit card, anything! Just get that title from him and run. He's an A-hole. If I remember right, he screwed you out of brakes too??? F- him. Glad you got your car out.
12-14-2002, 07:31 AM
#43
yeah, he gave me problems on my brakes too. hah, no warrenty comes with the car... what kind of dealer does that. i think i am going to call channel 10 news on him. o well. unfortunetly i can't take out another loan.. i already have one taken out so far. my credit is not very stong yet... i am only 19. 
i'll figure out something i guess. *sigh*
i'll figure out something i guess. *sigh*
12-14-2002, 10:07 AM
#44
Senior Member
Join Date: Apr 2002
Posts: 270
Re: UPDATE
Originally posted by Blkmax95c
he has made his payment on time, and he has his bill of sale. there is nothing you can do about it."
"i own my house, but i pay my morgage.. does this mean that they have to fix my house when it breaks and no one else? no! i cn have anyone fix it because it is MY HOUSE!"
he has made his payment on time, and he has his bill of sale. there is nothing you can do about it."
"i own my house, but i pay my morgage.. does this mean that they have to fix my house when it breaks and no one else? no! i cn have anyone fix it because it is MY HOUSE!"
exactly same meaning of what i said but in different words
great stuff u got your car back, now u can get it fixed and be back on the roadthis dealer is a
, u can actually phone the better business bureau and get him either shut down or fined
12-14-2002, 10:20 AM
#45
Re: Re: UPDATE
Originally posted by Unibomber
exactly same meaning of what i said but in different words great stuff u got your car back, now u can get it fixed and be back on the road
this dealer is a, u can actually phone the better business bureau and get him either shut down or fined
exactly same meaning of what i said but in different words
great stuff u got your car back, now u can get it fixed and be back on the roadthis dealer is a
, u can actually phone the better business bureau and get him either shut down or fined
12-14-2002, 10:28 AM
#46
NEW QUESTION:
Hmmmmm.... i am curious... why didn't my airbags go off in the accident? i hit that bridge pretty hard, they should have deployed. i mean i am gratefull that they didn't because they are very expensive, but how fast/hard do you have to hit something for them to go off? is this a problem maximas have? i have not heard anything about this. does anyone have any ideas or comments?
chris
chris
12-14-2002, 03:07 PM
#47
Senior Member
Join Date: Apr 2002
Posts: 270
Re: NEW QUESTION:
Originally posted by Blkmax95c
Hmmmmm.... i am curious... why didn't my airbags go off in the accident? i hit that bridge pretty hard, they should have deployed. i mean i am gratefull that they didn't because they are very expensive, but how fast/hard do you have to hit something for them to go off? is this a problem maximas have? i have not heard anything about this. does anyone have any ideas or comments?
chris
Hmmmmm.... i am curious... why didn't my airbags go off in the accident? i hit that bridge pretty hard, they should have deployed. i mean i am gratefull that they didn't because they are very expensive, but how fast/hard do you have to hit something for them to go off? is this a problem maximas have? i have not heard anything about this. does anyone have any ideas or comments?
chris
. he also said there wasnt any recalls or any faults for those years (that he heard of or read)
12-14-2002, 07:30 PM
#49
Re: Re: NEW QUESTION:
Originally posted by Unibomber
i just asked my dad and he said the air bags have 4 inches of play before they go off, by the looks of your front it should have went off. he also said there wasnt any recalls or any faults for those years (that he heard of or read)
i just asked my dad and he said the air bags have 4 inches of play before they go off, by the looks of your front it should have went off
. he also said there wasnt any recalls or any faults for those years (that he heard of or read)
12-14-2002, 08:20 PM
#50
Re: Re: Re: UPDATE
Originally posted by Blkmax95c
i can really do that? i would love to do that to him. not to sound like a a$$, but he has put me through more greif with this car then i have experianced in a while. i think i should give the BB a call. what do you guys think?
i can really do that? i would love to do that to him. not to sound like a a$$, but he has put me through more greif with this car then i have experianced in a while. i think i should give the BB a call. what do you guys think?
12-15-2002, 12:41 AM
#51
Re: Re: Re: UPDATE
Originally posted by Blkmax95c
i can really do that? i would love to do that to him. not to sound like a a$$, but he has put me through more greif with this car then i have experianced in a while. i think i should give the BB a call. what do you guys think?
i can really do that? i would love to do that to him. not to sound like a a$$, but he has put me through more greif with this car then i have experianced in a while. i think i should give the BB a call. what do you guys think?
12-15-2002, 08:50 AM
#52
Senior Member
Join Date: Apr 2002
Posts: 270
Re: Re: Re: NEW QUESTION:
Originally posted by Blkmax95c
so do you think that i should take any action to nissan about this matter? should i get a lawyer posiably? my friend said that i could sue for injurys. should i call some one?
so do you think that i should take any action to nissan about this matter? should i get a lawyer posiably? my friend said that i could sue for injurys. should i call some one?
12-16-2002, 08:26 AM
#54
U wanna try me young boy?
Join Date: May 2001
Posts: 1,024
Dude - I am SO glad you got your car back... That dealer had NO LOEGAL RIGHT to keep your car at all. If you keep up your payments then he cannot take your car. ALL car loans require the loan company to hold the title, so his excuse that he has the title is stupid.
His reposession agreement is FULL of typos! Tha agreement cannot have been evaluated by his lawayer!! Also it violates one of the basic rules of reposession which is 'Peaceful Reposession' (or whatever your state calls it. This basically means they cannot reposess your car if it will cause a disturbance of peace, nor can they break into anything to repo it - So if you lock it in a garage or behind a locked gate then they cannot repo it. In most states if you ever have the repo guys arrive to repo something you can tell them NO and they must leave. They cannot reposess (even if the repo is legal, unlike your case) an item if you cause a breach of the peace. They will bull**** you to say they are taking it anyway, but you can call the cops and tell them that they are doing the repo and causing a breach of the peace, and the cops should make them to leave.
I don't see anywhere in the paperwork where it states the 20% repo limit. This may be state law - some states will not allow a repo if less than 20% is owed. Consult your lawayer. If this is the case then when you drop the balance to below 2100 then he can no longer repo the car, if you miss a further payment. That is just your next payment (2230 to 2130) plus another 31! Pay him $131 for your next payment and he loses his repo option. Have a letter made up by your lawyer stating that under state law the car cannot be reposessed because there is less than 20% owed on it, and have copies of this ready in case he tries to repo it.
His reposession agreement is FULL of typos! Tha agreement cannot have been evaluated by his lawayer!! Also it violates one of the basic rules of reposession which is 'Peaceful Reposession' (or whatever your state calls it. This basically means they cannot reposess your car if it will cause a disturbance of peace, nor can they break into anything to repo it - So if you lock it in a garage or behind a locked gate then they cannot repo it. In most states if you ever have the repo guys arrive to repo something you can tell them NO and they must leave. They cannot reposess (even if the repo is legal, unlike your case) an item if you cause a breach of the peace. They will bull**** you to say they are taking it anyway, but you can call the cops and tell them that they are doing the repo and causing a breach of the peace, and the cops should make them to leave.
I don't see anywhere in the paperwork where it states the 20% repo limit. This may be state law - some states will not allow a repo if less than 20% is owed. Consult your lawayer. If this is the case then when you drop the balance to below 2100 then he can no longer repo the car, if you miss a further payment. That is just your next payment (2230 to 2130) plus another 31! Pay him $131 for your next payment and he loses his repo option. Have a letter made up by your lawyer stating that under state law the car cannot be reposessed because there is less than 20% owed on it, and have copies of this ready in case he tries to repo it.
12-16-2002, 10:25 PM
#55
Senior Member
Join Date: Feb 2001
Posts: 653
Like people said, could have been worse:
That was $7800 to fix! They had to replace the wiring harness as two relay boxes were crushed. The radiator support, the ac condensor, the radiator, hood, drivers fender, headlights, etc...
That was $7800 to fix! They had to replace the wiring harness as two relay boxes were crushed. The radiator support, the ac condensor, the radiator, hood, drivers fender, headlights, etc...
12-16-2002, 11:24 PM
#56
Member
Join Date: Aug 2001
Posts: 59
wowee... *dusts off himself*
That dealer is in the wrong 100% by holding your car. As an employee for a dealership that uses the Buy Here/Pay Here option, I can tell you that you don't have to bring the car there for service. However, he can still potentially (there's that word again) repossess your car for failure to have full coverage (banks can do it, and if there's a lien, so can he if he finds out...remember, if there's a lien, he has the right to know EVERYTHING re: your insurance/registration status). We've done it, and it's strictly stipulated in our contracts. A buy here/pay here loan is as binding as a bank loan, esp. if there's a lien on the title. All the bank loans I've encountered have required full coverage, including mine on my Jetta. My advice to you: this guy's a scumbag, pay him off if you can. Otherwise, I'd look into putting full coverage on the car regardless...you're only hurting yourself in the long run. If you can't afford the insurance, you really shouldn't be having a note. Not trying to harp on you, just my .02 from another 19 y/o.
BTW, I only pay $650/month for my 00 Jetta VR6 (classified as a sports car, thank you Progressive
)...and that's being in the High-Risk category. My advice'd be also to start looking for another ins. company as well.
Best of luck to you...it always sucks to hear someone getting screwed over by a dealer.
Edit: Melray Auto...go figure. They go through the same Auction House as us. Buncha crooks if you ask me...btw, that's not really a decent contract IMO. I'd be happy to send you a copy of one of ours to show you what it SHOULD look like, replete with insurance regs, registration regs, repo fees, etc...
That dealer is in the wrong 100% by holding your car. As an employee for a dealership that uses the Buy Here/Pay Here option, I can tell you that you don't have to bring the car there for service. However, he can still potentially (there's that word again) repossess your car for failure to have full coverage (banks can do it, and if there's a lien, so can he if he finds out...remember, if there's a lien, he has the right to know EVERYTHING re: your insurance/registration status). We've done it, and it's strictly stipulated in our contracts. A buy here/pay here loan is as binding as a bank loan, esp. if there's a lien on the title. All the bank loans I've encountered have required full coverage, including mine on my Jetta. My advice to you: this guy's a scumbag, pay him off if you can. Otherwise, I'd look into putting full coverage on the car regardless...you're only hurting yourself in the long run. If you can't afford the insurance, you really shouldn't be having a note. Not trying to harp on you, just my .02 from another 19 y/o.
BTW, I only pay $650/month for my 00 Jetta VR6 (classified as a sports car, thank you Progressive
)...and that's being in the High-Risk category. My advice'd be also to start looking for another ins. company as well.Best of luck to you...it always sucks to hear someone getting screwed over by a dealer.
Edit: Melray Auto...go figure. They go through the same Auction House as us. Buncha crooks if you ask me...btw, that's not really a decent contract IMO. I'd be happy to send you a copy of one of ours to show you what it SHOULD look like, replete with insurance regs, registration regs, repo fees, etc...
12-17-2002, 08:52 AM
#57
U wanna try me young boy?
Join Date: May 2001
Posts: 1,024
This is just me thinking out lod - I mean no insult or insinuation about the financial status of the original poster - no offence intended...
When you get a genuine bank loan part of the paperwork is a declaration that you must maintain full insurance coverage on the vehicle. I didn't see that in the paperwork he posted, but it may exist somewhere else. If he doesn't have it, then he can't repo due to lack of insurance.
I would think it's in the interests of the dealer to let you fix the car rather than try to repo it - they still get the money from the original sale and their collateral is intact. But, if you think about it for a moment... If they repo it while it's smashed then they pretty much can only sell the vehicle at auction and give you the balance after their loan is paid off, which might be like $20 or something! I can see them wanting to do that in this case, however, because it gaurantees the loan will be (mostly) paid. Otherwis he's about to lose his repo option with the next payment or two taking the balanced owed below 20% (does RI have the 20% rule), so he's stuck with whatever payments he gets from the buyer. The buyer is suddenly in a financial situation that alters his credit risk, possibly to apoint where the seller would not have entered into the agreement to begin with. The buyer has a smashed car, a 400/mo loan and a 2 or 3k repair bill coming up out of his own pocket.
I hate to say it but if I was the seller I would be tempted to go ahead and do the repo - knowing that the car payments could stop because of the strain of paying for a big repair in cash. There would have to be an agreement to keep full coverage insurance in the sales agreement/loan agreement so that a failure to fully insure is considered a default on the loan agreement. If I was the seller I would bring the buyer back in to discuss his new financial situation - if I dont believe he can continue to make his payments then I would repo, before the repo option goes away. Nothign personal, just business...
Original poster - you're a brave man, driving a 10k car without comprehensive/collision coverage.
I'm glad you got your car back and I hope you get it fixed up and keep it for years to come. I understand your problem though - I pay the same for 6 months for full coverage on 3 cars that you pay for one month on one car. That bites. I used to $300 a month for liability only insurance when I was 18!
(Of course, the dealer has no right to demand you go to him for repairs... That's just silly.)
When you get a genuine bank loan part of the paperwork is a declaration that you must maintain full insurance coverage on the vehicle. I didn't see that in the paperwork he posted, but it may exist somewhere else. If he doesn't have it, then he can't repo due to lack of insurance.
I would think it's in the interests of the dealer to let you fix the car rather than try to repo it - they still get the money from the original sale and their collateral is intact. But, if you think about it for a moment... If they repo it while it's smashed then they pretty much can only sell the vehicle at auction and give you the balance after their loan is paid off, which might be like $20 or something! I can see them wanting to do that in this case, however, because it gaurantees the loan will be (mostly) paid. Otherwis he's about to lose his repo option with the next payment or two taking the balanced owed below 20% (does RI have the 20% rule), so he's stuck with whatever payments he gets from the buyer. The buyer is suddenly in a financial situation that alters his credit risk, possibly to apoint where the seller would not have entered into the agreement to begin with. The buyer has a smashed car, a 400/mo loan and a 2 or 3k repair bill coming up out of his own pocket.
I hate to say it but if I was the seller I would be tempted to go ahead and do the repo - knowing that the car payments could stop because of the strain of paying for a big repair in cash. There would have to be an agreement to keep full coverage insurance in the sales agreement/loan agreement so that a failure to fully insure is considered a default on the loan agreement. If I was the seller I would bring the buyer back in to discuss his new financial situation - if I dont believe he can continue to make his payments then I would repo, before the repo option goes away. Nothign personal, just business...
Original poster - you're a brave man, driving a 10k car without comprehensive/collision coverage.
I'm glad you got your car back and I hope you get it fixed up and keep it for years to come. I understand your problem though - I pay the same for 6 months for full coverage on 3 cars that you pay for one month on one car. That bites. I used to $300 a month for liability only insurance when I was 18!(Of course, the dealer has no right to demand you go to him for repairs... That's just silly.)
Originally posted by Z24_RedRyder
wowee... *dusts off himself*
That dealer is in the wrong 100% by holding your car. As an employee for a dealership that uses the Buy Here/Pay Here option, I can tell you that you don't have to bring the car there for service. However, he can still potentially (there's that word again) repossess your car for failure to have full coverage (banks can do it, and if there's a lien, so can he if he finds out...remember, if there's a lien, he has the right to know EVERYTHING re: your insurance/registration status). We've done it, and it's strictly stipulated in our contracts. A buy here/pay here loan is as binding as a bank loan, esp. if there's a lien on the title. All the bank loans I've encountered have required full coverage, including mine on my Jetta. My advice to you: this guy's a scumbag, pay him off if you can. Otherwise, I'd look into putting full coverage on the car regardless...you're only hurting yourself in the long run. If you can't afford the insurance, you really shouldn't be having a note. Not trying to harp on you, just my .02 from another 19 y/o.
BTW, I only pay $650/month for my 00 Jetta VR6 (classified as a sports car, thank you Progressive )...and that's being in the High-Risk category. My advice'd be also to start looking for another ins. company as well.
Best of luck to you...it always sucks to hear someone getting screwed over by a dealer.
Edit: Melray Auto...go figure. They go through the same Auction House as us. Buncha crooks if you ask me...btw, that's not really a decent contract IMO. I'd be happy to send you a copy of one of ours to show you what it SHOULD look like, replete with insurance regs, registration regs, repo fees, etc...
wowee... *dusts off himself*
That dealer is in the wrong 100% by holding your car. As an employee for a dealership that uses the Buy Here/Pay Here option, I can tell you that you don't have to bring the car there for service. However, he can still potentially (there's that word again) repossess your car for failure to have full coverage (banks can do it, and if there's a lien, so can he if he finds out...remember, if there's a lien, he has the right to know EVERYTHING re: your insurance/registration status). We've done it, and it's strictly stipulated in our contracts. A buy here/pay here loan is as binding as a bank loan, esp. if there's a lien on the title. All the bank loans I've encountered have required full coverage, including mine on my Jetta. My advice to you: this guy's a scumbag, pay him off if you can. Otherwise, I'd look into putting full coverage on the car regardless...you're only hurting yourself in the long run. If you can't afford the insurance, you really shouldn't be having a note. Not trying to harp on you, just my .02 from another 19 y/o.
BTW, I only pay $650/month for my 00 Jetta VR6 (classified as a sports car, thank you Progressive
)...and that's being in the High-Risk category. My advice'd be also to start looking for another ins. company as well.Best of luck to you...it always sucks to hear someone getting screwed over by a dealer.
Edit: Melray Auto...go figure. They go through the same Auction House as us. Buncha crooks if you ask me...btw, that's not really a decent contract IMO. I'd be happy to send you a copy of one of ours to show you what it SHOULD look like, replete with insurance regs, registration regs, repo fees, etc...
12-18-2002, 03:24 PM
#58
i can't wait untill i finally have a day off... i am working 60+ hours weekly so i can gain some more money over here. 14hours day day really kicks the sh*t out of you. but once i get a chance to breath i will call up nissan and ask them what is up with the airbags not deploying. o well. sorry i didn't write back sooner, but once again i only sleep work and eat. but anyways as for now my car is in the shop, and i am waiting for a price quote. but i have to go... i'll keep everyone updated.
12-20-2002, 04:50 PM
#60
U wanna try me young boy?
Join Date: May 2001
Posts: 1,024
If you hit the obstuctio head-on in a straight line, at you exerienced a sudden deceleration of about 15-20mph and your bags didn't deploy, then you must go to the nissan dealer and have them inspected. It doies happen... A car is in an accident where the bags deploy and the covers are replaced or fake-rebuilt to look like working airbags, but they not actually real or working.
If the impace came from the side then the front bags won't deploy. (nop need, you won't hit them, your body will tend to lurch towards the impact point, which would be sideways, not towards the bags.
If the impace came from the side then the front bags won't deploy. (nop need, you won't hit them, your body will tend to lurch towards the impact point, which would be sideways, not towards the bags.
12-25-2002, 01:32 PM
#63
Most Perverted Member of the SE-L Club
Join Date: Jul 2002
Posts: 1,512
Originally posted by meccanoble
although it doesn't look that bad, my first max had a lot of frame damage causing it to be totaled...frame damage is the most expensive to fix so be fortunate your problems have a contact point of only the front...mine was quoted 5,000+ to fix....TOTALED
although it doesn't look that bad, my first max had a lot of frame damage causing it to be totaled...frame damage is the most expensive to fix so be fortunate your problems have a contact point of only the front...mine was quoted 5,000+ to fix....TOTALED
frame damage sucks.....even if you get it fixed, the car is never the same.
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