Is the consumer agreement valid?

I live in Texas and the company is in Utah. I had to get my car repaired and it was going to cost $528.00. And of course I didn,t have the cash to pay upfront so my next option was to use a short term lone place that the service provider recomended. I got approved for the loan and the car was repaired but now here is the nightmare the financial company repo'd my car. And they are saying that I owe them $1,200.00. When my wife talked to GMAC the primary lein holder on the car they said that it was nothing that they could do. But my question is my name is not on the title so was I able to agree to such an agreement on a car that is not in my name and would that void the contract? and two they dated the contract with last years date and the service was provided this year. Please advise.

You say this is "your" car, but you are not on title? Is the car in your wife's name only? And was the loan obtained in her name only as well?

My question is who did you obtain the $528 loan from? Was it from one of those cash advance places? You can get a loan from any person, but that does not mean you can use the car as a security for such loan, especially since you are not on the vehicle's title. Generally there are forms to fill out to do this.

Sounds to me like you got a short term loan from a random company and therefore, you need to pay this off even though the car was repo'ed.

If you can provide more details in a clear manner, this may shed some more light on this.

Best

Correct I am not on the title. My wife is the only one on the title. The loan was in my name only. The place that I got the loan from is first manhattan but on the loan of $528.00 which was for repairs on the car I agreed to pay a finance charge of $105.00 so that brings the total to $633.00 which they have with drew out of my banking account already. They tryed to take more but I had the draft stopped by the bank and then they came and got my wife's car. The agreement states that if I default on the loan that they have the right to repo my wife's car. GMAC who is the primary lein holder on the car say' s that there is no way that I can agree to such consumer agreement because my name is not on the title and that my wife is the only one that is allowed to sign for a mechanics lein on that car. This company is telling me that I owe them $1200 plus the towing and storage fee. So that is were I am right now for five days and my wife is 8 months preganent and we have no car. Legally am I able to agree to such terms if not does that void that contract becasue my name is not on the title. Or what other action that I can take to get my wife's car back?

This STILL makes NO sense. You say they withdrew the money (full amount), then you say they tried to withdraw MORE. WHY? You say IF you default---where did you default? You said they TOOK the money out of your account. Why did they take the car?

An interesting angle you seem to be missing in all of this: FRAUD. You are all indignant about them taking back a car YOU gave them the right to take --when your angst should be directed at yourself for fraudulently obtaining a loan against a car you do not own. You signed documents for a vehicle whose title was not yours to obtain money against. Lets go with your theory---that you cannot sign to place the lien on the vehicle. Lets say ( big stretch ) that they actually GIVE you the car back. Do you realize you open yourself up to possible criminal if not civil charges for fraud? You are blaming the loan company for ALLOWING you to have this lien placed on the vehicle----yet you never mention that YOU willfully and they could argue FRAUDULENTLY misrepresented your right to do so.

Obviously, I cannot get a lien against my neighbors car. But, it may be argued that since you are legally married, there could be some implied grantorship of the property to you if you live in a community state ( but not likely ). Or, perhaps a skillful lawyer could argue you were acting in your wife's behalf and at her bequest. They might be able to argue they acted in good faith when they gave you the loan---when you (for lack of a better phrase ) acted in BAD faith knowing full well the vehicle was NOT yours.

It appears as though YOU obtained a loan against a vehicle over which you had no ownership or right to do so. I wouldn't just worry about the return of the vehicle---I would worry about criminal charges. Breach of trust, perhaps ( again, a stretch ) but certainly it was fraudulent for you to obtain a loan against a car that wasn't yours. I think you will have trouble arguing "Well, I THOUGHT it WAS mine!" Good luck with that.

Thanks that was an angle that I was not looking at. So from the looks I made a very bad desicion when I was just trying to get the car fixed and seem to have caused more of a problem then a solution. So I guess I should **** it up and try to find a way to come up with the money they are asking for?

It seems as though the only argument to get the car back would be for your wife to say you somehow did this without her consent---and she MAY ( big if ) get the car back, BUT the result would be civil and perhaps criminal action against YOU. I would ask the advice of an attorney immediately to make sure you protect yourself. THEN worry about the car.

I would say the cheapest and fastest way to go may be to pay the lenders if you are able.

Thanks everyone for the advise. I willl be getting an attorney, you help clear up somethimes that were cloudy to me.



Thanks.