What is the name of your state?I am located in Arizona.
My mother was supposed to co-sign for me on a car in my name, the way that the finance company worked it however, was that I was the co-signer and that my mother was the primary signer. After a year and a half, my mother filed for bankruptcy, she did not include the car that we had together in the bankruptcy, but she did file on three other cars with the same finance company. Because of this, the finance company said that they intended to include the car we had together in the bankruptcy. When we found this out, I contacted the finance company and asked what would happen from there, they informed me that I could continue to pay for use of the car and they were going to stop reporting the loan to my credit. They did discontinue reporting it and it showed as an open loan with payments current. About two months after the bankruptcy was final, my mother was contacted by an attorney representing the finance company. She was told by this attorney that she had to turn the car over to the finance company because it was included as part of the bankruptcy, or she would be charged with grand theft auto. My mother asked the attorney why we had been making payments then and he said that we had been paying for use of the car. She said that okay we would be handing over to them, when they came to get it and the attorney informed my mother that they would come to pick up the car at my address. I was upset about having to turn the car over when the finance company had said that I could continue to make payments on it, they advised that they were taking the car because there were three payments missing on it. I was aware of the most current payment being late because I had forgotten to write the address on it, but I didn't know of any other late payments. I was told the months of when the payments were missing I advised the lady I had been speaking to that my mother had been told by an attorney that the car was being taken as part of the bankruptcy, the lady said that he was lying and they were taking it for non-payment, I said that I would call back, I called my mother and bank and comfirmed that the only payment that was missing was for the current month and no others were missing. I then called the finance company back and told them this and the gentleman that I spoke with this time told me two different months for when payments were missing. I told him of the discrepancy and he said that I must be lying because he couldn't imagine the previous lady making a mistake. He also told me that the attorney that called my mother must have been lying to her and that they were going to take the car no matter if i paid the "missing" payments or not. So, they took the car and about two months later, my mother received a letter from the finance company stating that they had sold the car in an auction and she was not to be responsible for the remaining balance. I was not sent any information or contacted by the finance company at regarding any remaining balance on the car or any payments that were due. I was not able to get through to the finance company regarding any further matters on the loan. About three months ago, I pulled a copy of my credit report and saw that the finance company had reported the loan as being deliquent by two months and stopped reporting it 8 months before I received the report. Because of the discrepancy, i mailed in a dispute form to all three credit reporting agencies a month and a half ago. About two weeks ago, I was contacted by the finance company regarding payment on the remaining balance of the loan. I tried to call the company back to discuss the matter, I left a message on the voicemail of the person that had called me and my call was not returned.
I would like to know my legal rights in this case and get some advice on further course of action for me to take.
My mother was supposed to co-sign for me on a car in my name, the way that the finance company worked it however, was that I was the co-signer and that my mother was the primary signer. After a year and a half, my mother filed for bankruptcy, she did not include the car that we had together in the bankruptcy, but she did file on three other cars with the same finance company. Because of this, the finance company said that they intended to include the car we had together in the bankruptcy. When we found this out, I contacted the finance company and asked what would happen from there, they informed me that I could continue to pay for use of the car and they were going to stop reporting the loan to my credit. They did discontinue reporting it and it showed as an open loan with payments current. About two months after the bankruptcy was final, my mother was contacted by an attorney representing the finance company. She was told by this attorney that she had to turn the car over to the finance company because it was included as part of the bankruptcy, or she would be charged with grand theft auto. My mother asked the attorney why we had been making payments then and he said that we had been paying for use of the car. She said that okay we would be handing over to them, when they came to get it and the attorney informed my mother that they would come to pick up the car at my address. I was upset about having to turn the car over when the finance company had said that I could continue to make payments on it, they advised that they were taking the car because there were three payments missing on it. I was aware of the most current payment being late because I had forgotten to write the address on it, but I didn't know of any other late payments. I was told the months of when the payments were missing I advised the lady I had been speaking to that my mother had been told by an attorney that the car was being taken as part of the bankruptcy, the lady said that he was lying and they were taking it for non-payment, I said that I would call back, I called my mother and bank and comfirmed that the only payment that was missing was for the current month and no others were missing. I then called the finance company back and told them this and the gentleman that I spoke with this time told me two different months for when payments were missing. I told him of the discrepancy and he said that I must be lying because he couldn't imagine the previous lady making a mistake. He also told me that the attorney that called my mother must have been lying to her and that they were going to take the car no matter if i paid the "missing" payments or not. So, they took the car and about two months later, my mother received a letter from the finance company stating that they had sold the car in an auction and she was not to be responsible for the remaining balance. I was not sent any information or contacted by the finance company at regarding any remaining balance on the car or any payments that were due. I was not able to get through to the finance company regarding any further matters on the loan. About three months ago, I pulled a copy of my credit report and saw that the finance company had reported the loan as being deliquent by two months and stopped reporting it 8 months before I received the report. Because of the discrepancy, i mailed in a dispute form to all three credit reporting agencies a month and a half ago. About two weeks ago, I was contacted by the finance company regarding payment on the remaining balance of the loan. I tried to call the company back to discuss the matter, I left a message on the voicemail of the person that had called me and my call was not returned.
I would like to know my legal rights in this case and get some advice on further course of action for me to take.