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I purchased a used vehicle in April 2017 - no warranty,

admittedly. 4 days after purchase...
I purchased a used vehicle in April 2017 - no warranty, admittedly. 4 days after purchase, the vehicle broke down and I returned it to the dealership. After 5 hours of "troubleshooting" they insisted nothing was wrong and sent me on my way. 9 days after that, my vehicle became completely and totally disabled and never ran again. I towed it home that day and at the request of the dealership, towed it to them the next day as they agreed to make the necessary repairs to it. 2 weeks later, I was advised my vehicle would be ready (no loaner was provided in the interim). On this day, I was then told that the vehicle would not be ready and that the entire engine (diesel) and the turbos would need to be replaced and the total anticipated cost of these repairs was $12,500 - the cost of the vehicle was just under $25k. The very next day, the dealership ceased any and all communication with me. I sent them a 10 day demand letter in an attempt to recover my vehicle so that I could attempt to get a second opinion. I additionally reached out to my lienholder who then stepped in and assisted me as well. They were not able to make contact with the dealership either so they elected to force the dealer to buy-back the loan. I was told the reason for this would be labeled as "merchant-ability issues and mechanical breakdown". This occurred exactly 2 days after my first payment was due. Fast forward 7 months later, I still don't have possession of my truck, the truck was never fixed, the buy-back did take place, but the dealership also kept my $7,000 down payment and never reimbursed me for my MASSIVE financial losses to date. I filed a JP civil suit against the dealership which goes to court in January 2018, however, I came upon quite the plot twist. I discovered that my lienholder is the reason for the non-action on the dealership's behalf! My lienholder is a subprime lienholder is has a history of being sanctioned in the past for violating debt collection practices (they were sanctioned in 2015 $4.25 million and ordered to pay back $44 million to customers). While they were telling me one story - of the "merchant-ability issues and mechanical breakdown", they apparently intentionally waited until the day after my first payment was due to demand the buy-back from the dealership and presented to them that I was in default on my loan and advised them that they would be happy to assist them in repossessing my vehicle (even though I didn't even have it). This is exactly why the dealership was never under any responsibility to act! They thought I defaulted! I have proof of the reason I was told via an audio call with the department that helped me and I have proof of the story that they presented to the dealership as for some ridiculously stupid reason, the lienholder sent me a copy of it 3 weeks ago! Now, the lienholder is trying to put pressure on the dealership to settle with me, which they only offered me $2500, and then threatened to counter sue me if I didn't take that deal - which is absurd and the lienholder has no intentions of make an offer to me as apparently they don't feel they have any liability in this matter! They are who created this massive mess by grossly and fraudulently misrepresenting the facts! Meanwhile, I am going broke and losing more and more money by the second! I need advice and suggestions on what to do!
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Answered in 8 minutes by:
11/24/2017
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,785
Experience: Attorney experienced in commercial litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the lienholder caused this to happen, I would consider filing a motion for leave to amend your suit in JP court and add in the lienholder as another defendant and take both the dealer and lienholder to court. If the dealer comes into court and proves the matter has not been settled because of something the lienholder did and not the dealer in this matter, then the suit against the dealer could be dismissed and you still have to sue the lienholder and file a new separate action.

So I would seek to amend the small claims suit now to name the lienholder as one of the defendants to get this settled all in one suit.

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Customer reply replied 7 months ago
Since the lienholder provided me one reason and provided the dealership a completely different reason, assuming all of that is accurate, would that appear to qualify as a suit under the Texas Deceptive Trade Practices Act?

Thank you for your reply.

It is breach of the implied warranty of merchantability for certain, but yes, if you can prove the breach of the implied warranty it could also be a violation of the DTPA as well.

Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,785
Experience: Attorney experienced in commercial litigation.
Verified
Law Educator, Esq. and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 7 months ago
Ok, perfect. That's what I was thinking. I just wanted to make sure I wasn't the only one that was potentially seeing this. I greatly appreciate your help.

Thank you for your reply.

The DPTA may be on the lienholder as much or more than the dealer too, so adding them to the suit is still a good idea even if it means you need to go from county to district court to sue them based on the increased damages allowed under the DPTA.

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