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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37666
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I purchased a vehicle from a dealer on April 4,2015. When I

Customer Question

I purchased a vehicle from a dealer on April 4,2015. When I provided my information I fully disclosed that I was in an active Chapter 13, they even saw the credit report. I got two issues, after 30 days I went back to the dealer and had to request a temporary tag, at that time they had not secured the financing, at the end of 60 days I went back to get an update and another temp. tag, they denied this, I sent a certified letter to cancel my contract as the document I signed stated 30 days to secure financing; the second part of my question is that do to some paperwork on my C-13 filling it was closed and then reinstated again with a court notice of May 4,2015. I asked on my letter to the dealer to refund my down payment, its been over a week since they received the letter and no response. What are my options? I have not approached the Law firm handling my C-13, they have been bad in the process, do not have any confidence on them.
Submitted: 2 years ago.
Category: Legal
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
One of the problems you may be having in getting financing is that when you are in chapter 13, during the three to five years that you're making payment on your Chapter 13 bankruptcy, you can't take out any new debt without getting permission from the bankruptcy court. And so, if you didn't get permission from the trustee to buy the new car, you may have a hard time getting a lender to make you the loan.
However, given that the contract on the car gave the dealer only 30 days to find you financing and they have been unable to do that, you are entitled to return the car, cancel the contract and get some or all of your down payment back---depending on any charges the contract holds you are responsible for in the event the car is returned. If there are charges in the agreement, they are typically mileage charges for the use of the car while financing was searched for.
If the dealer won't voluntarily return your money, you may want to consider suing them in small claims court for the return of your down payment.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,