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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23532
Experience:  Attorney with 14 years experience in various consumer protection areas
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my credit is bad. my friend took out a car loan for me in her

Resolved Question:

my credit is bad. my friend took out a car loan for me in her name only.
i have the car in my possession, make the monthly payments in full, carry the insurance, and pay the registration. i got behind for a few months because of a job loss, but always paid the payments. i did pay a few late. her credit got affected, and now she wants the car back. she said she is suing me for a breach of our oral agreement?? I have nothing in my name. except the insurance. i want to keep the car, as it is my only means to get to and from work. what are my rights? do i have to turn the car back to her as requested, or is possession in my favor?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Who is on the title to the car?
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Are you current with the payments now?
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Did she actually purchase the car or did she just sign the paperwork agreeing to take out the loan when you were the actual purchaser?
.
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Thanks
Barrister
Customer: replied 1 year ago.

she is on title on the loan. i am current and not 30 days late on payments.


she went with me to the dealership and took out the loan for me to drive the car. i obtained the insurance, and paid all registration renewel fees.


i did not sign anything, and my name is XXXXX XXXXX title.


but, the bank on her authority has me as the primary contact on the loan/


her ex husband is a attorney and is thratening legal action in breach of the "oral agreement" and wants the car returned within 5 days or they will take action? but, i use the car everyday. it is parked at my home and has been since i drove it off the lot. do i have any rights? my credit is bad, and i would refinance it in my name if i could, but i cant at this time.

Expert:  Barrister replied 1 year ago.
I hate to say it, but if you had an agreement with the person to make all the payments on time and in full, and you weren't able to do so, then you would be in breach of the oral contract and she would have grounds to sue you to terminate the contract.
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Since your actions in paying late have caused her damages in the form of dings on her credit report, she does have actual damages that she could sue for in addition to the return of the vehicle.
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But from a purely legal perspective, this is an illegal "straw purchase" as it is against the law for someone to purchase a vehicle using another person's credit as the buyer. So she might be hesitant to actually sue you in court for the return of the vehicle and implicate herself in a fraudulent transaction...
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.
Thanks
Barrister
Customer: replied 1 year ago.

she knew that the car was for me. the only reasoni was late on the payments was because i lost my job. i still paid her car loan before all my other expenses. i have the car, have been using it since i drove it off the lot. i have always had possession of this vehicle from day one.


i paid the registration, and pay the insurance. so how can i keep this car.


without it , i can not work without it.

Expert:  Barrister replied 1 year ago.
she knew that the car was for me.
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Right, I understand that. I am just saying that technically, that is called a "straw transaction" and is illegal. When the buyer uses another person to get credit for the purchase that is fraud..
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But my point is that you could use this to your advantage because she might not want to stand up in court and admit that she was part of a fraudulent transaction..
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So you might want to mention this to her and that if she tries to take the car back, you will countersue her for breach of contract since you have cured any previous violations and are current so she has no legal grounds to retake possession or the vehicle.
.
.
Thanks
Barrister
Barrister, Lawyer
Satisfied Customers: 23532
Experience: Attorney with 14 years experience in various consumer protection areas
Barrister and 5 other Consumer Protection Law Specialists are ready to help you

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