Our youngest daughter purchased a car in August. During early October the car was returned to the dealer in dispute of the purchase and finance contract
because several counts of misrepresentation and concealment of factual information took place prior to the sale, misleading our daughter into a purchase decision. We also discovered that the finance contract was altered after the sale. I asked for copies of the Bill of Sale
and also of the Finance contract at the time that the sale concluded. It took over six weeks to get a copy of the alleged finance contract. Although the car was returned in early October it was paid through to November 1st. When the car was returned to the dealership I hand delivered a letter in which it was clearly stated that the car purchase is rejected and the car is being returned in dispute of the sale and finance. In the letter I also informed that we are filing complaints for misrepresentation, concealment of factual information, and fraud. We just received a letter from the lender claiming that during mid October (seven days after the car was returned to the dealership in dispute) reposed the collateral
, and is scheduled to be sold in an auction on November 07, 2013. The questions are:
1- Can a lender claim repossession of a vehicle that was return in dispute, during a period in which the car's payment had the account in good standing?
2- Can a lender sell in an auction a car that is the subject of a legal dispute in which strong evidence of misrepresentation, concealment of factual information, and fraud took place?