Was my vehicle wrongfully repossessed?

I purchased a vehicle in AZ in April 2008.

I paid $8,000 down and just over $13,600 all together.

In December 2009, I found out it was financed under the wrong social security number and have been trying since to get it changed in the finance company's system, with no resolve. The finance company would not do anything about it.

Two years and one month after the purchase date, my vehicle was repossessed.

The finance company- which is the finance company for the dealership, same corporation, in-house financing company- tried saying I committed Identity Theft.

They claim not to have my social security card on file, which is what I gave them along with my DL to prove my identity at the point of sale.

The finance company had run an inquiry to my credit score -under my correct social security number- on the date of purchase, however financed the vehicle under the incorrect social security number.

When I told them they could verify that on my credit report to prove it was a mistake made by the dealership, they told me the inquiries disappear after two years (which I feel is why they waited exactly two years and one month to seize the vehicle) and right now I look like I committed identity theft.

The person whose SSN the vehicle was financed under has the same first name and middle initial as me.

I was told this happens frequently from other resources as you can pull multiple social security numbers by first or last name when running an inquiry.

That person filed for identity theft once finding the vehicle financed under her SSN (DUH!).

I was not contacted nor given notice that my vehicle was repossessed, nor was I given other options on how to prevent the repossession.

The finance company and the dealership will not put in writing why my vehicle was repossessed, nor will they give me a penny I paid for the vehicle- nor the vehicle itself- back.

The finance company told me that none of the payments I have made nor the repossession are going to be reported under my SSN.

For whatever reason, they seem to want no record binding me to the transaction following the identity theft claim the other person had filed.

Note that there were some bodily damages yet to be repaired on the vehicle, and neither the finance company nor dealership said anything about getting me to take care of repairs.

They told me it is in my best interest to walk away from the vehicle- no liability to me, and the contract is and has been invalid since the point of sale due to the incorrect SSN (which, by the way, my SSN is nowhere on the contract).

They said I cannot get my money back because it has already been paid towards the vehicle.

They said that if I want the vehicle back to try to find financing elsewhere, because they will not finance the vehicle for me. They also said it is not in my best interest to find financing elsewhere because the car is not worth what I owe.

As I have a sales contract, would I not automatically be responsible to find financing to pay for the rest of the loan??? Again, my SSN is not in any part of the contract.

It is just fishy that they simply want no ties between myself and that vehicle.





I know it is going to be suggested that I contact a lawyer to gain the answers I seek.



I want some opinions on why the finance company and dealership are treating the situation as they are, as it is so upside down and backwards. Do you think they are trying to cover their tracks because of the liability they could face in an identity theft case or do you think they are just trying to rob me blind?





Thanks!!!
Was my vehicle wrongfully repossessed?
I can totally understand your frustration, you found an error, tried to correct it and it was used in a way that caused you to lose thousands of dollars, and boy does that finance company look like a greedy suspect here,unfortunately, in order to get this resolved, you are going to need an attorney who knows your rights, there are many good attorneys who will give a half hour free consultation, I highly suggest you find one and see if there is any legal recourse that you can pursue, if you win, you may come out ok, but on the other hand the attorneys fees could add up pretty fast too. It sucks when some businesses hide behind bs which is what this looks like, good luck, I hope you can find a plan somehow to help you straighten this mess out.
Was my vehicle wrongfully repossessed?
I don't think anyone here can answer your questions. With all respect, we are only getting your side of the story. It sounds complex and I am sure there is more to it than what you posted.



Anything anyone says is pure speculation. At this point, that is a waste of time. Focus on facts and what you can prove. Yes, you need an attorney, and the time you are spending here is time you are wasting finding one.



I'd be interested in what the outcome is. I hope you post the resolution to the issue here at YA for all to see. Good luck to ya.