Okay Guys/Gals, Here is an update. I am sitting here at my computer sick at my stomach, literally, not knowing what in the world to do. As you know, my stepfather refused to sign that "donation" form, because he found the email I wrote to my mother in which I referred to him as a jerk. So I decided to pay the taxes again on my car and just get it all over with. Well, I've just returned from my local DMV office who refused to transfer the title into my name, unless I provide the donation form or a "Bill of Sale!" I am livid to say the least. I think my stepfather is going to end up getting this car that I have paid for, simply because he signed the original loan documents. Not having credit sucks. People use your poor credit position to take advantage of you, including so-called "family" members. He won't sign this "Bill of Sale" form just like he refused to sign the "Donation" form, because I called him a jerk. So what do I do now? He has told me that he will come pick up my car (that I've already paid for) if I don't continue to pay him at least $300.00 per month. I have essentially paid this car for HIM and not for myself as was our agreement. Despite the fact that all of my negatives have been removed from my credit reports, my FICO is still in the low 600's. It doesn't seem to move up any! I don't think I can get a good deal, or any deal, right now. I imagine that, however, within two or three months my score will be sufficient enough to get a decent auto loan. But in the meantime, I do not know what in the world to do about this situation. I would appreciate any advice on this. I am being swindled by this man. My mother did come thorugh for me on one point; she sent me the original VW Credit Release of Lien that shows the car has been paid off. And I do have copies of ALL my cancelled checks to him over the period of 5 years+. I know I can sue him and win. But I don't have the funds right now to pursue a lawsuit. If I want to keep driving the car, then I have to keep paying him $300.00 per month...a never ending story!!!!! Please advise me. Should I try to get an auto loan, even though my score is still in the low 600's? The last negative item was removed this month, so I am thinking the score will go up next month, but I'm not sure it would go up enpough to get me new financing. Then what would I do with my VW? I was thinking I could store it and tell him that he can have it once he repays me all of my car payments, but he could easily have me arrested for theft!!! I am screwed. HELP! Calmest_LA
This may be far fetched but what about having someone give you a lie detector test, then hiring an attorney and file a suit against him in court. Have the lie detector person ask you questions like 1. Did he agree to this deal 2. Did you agree to this deal 3. Have paid $300 every month. That MAY make a judge lean your way, seeing as you went through that kind of trouble, plus not everyone runs outfor one of them whenever there is a problem. Maybe you can file a police report? Do you have ANYTHING in writing? Cancelled Checks? Emails?
Why don't you apologize to the jerk and see if that will help. If not, I would go to a lawyer and have him write a letter to the jerk demanding the release. Do you have copies of any agreements you made with him for payment?
I also would suggest filing a police report. If you have copies of agreements, you can file a report that this schmuck is extorting money from you. I believe it is extortion - you will pay xxx amount or I will xxxx.
I wonder if you notified the police if this scum would lie to them to cover his rear. I believe LKH is right, it is extortion.
Exactly - it's extortion. Before you go to the cops - get an attorney to write a letter. what a schmuck!
Oh wait, did you write the checks directly to the car loan company or the SF? If you wrote them to him, maybe you could gather all your old checks and bring him to court for failure to repay a loan from you to him? Isn't possesion 9/10ths of the law? Sorry I'm just thinking out loud
In your previous post you wrote you were paying for the insurance on the car. In whose name was the insurance? If it was in "devil" s.f.'s name, at his address,were you listed as the driver? You may be able to (politely) suggest to him that if he doesn't cooperate, you will report his fraudulent actions to his insurance company.
In my county, I can't file a lawsuit for free if I have hardship. You don't have to have money in order to portect your rights!!.. See if they have that in your area. Also, I would see if you could get in on the phone or something talking about it and record the conversation. Please find out the laws in your state about that. I would gather up all of that evidence and let him know that you will take it to court!!! You definitely have enough evidence to support your case. Also, do you have something stating what the agreement would be? It sounds like he doesn't have anything that would substantiate him demanding that extra money so you should have a really good case without problems. How does your mother feel about this? Will she be willing to help you more like testify if you have to file suit? This guy.... well, you know what they say.. if you don't have anything nice to say...
Take your chances and sue him in small claims court. Let the judge decide who to believe. You have a better chance there than what you have now it would appear. Just my $.02 Good Luck, Gib
AN UPDATE ON THE JERK... Before I fill you in on the latest events, I want to thank all of you creditnetters for your support, encouragement, and feedback regarding my stepfather from hell and my beloved volkswagon. I really do appreciate all of you for taking the time to advise me! Your support has been invaluable. Now for the update. Today has been one hell of a day. I just got off the phone with my stepfather. I told him that he had two options: 1. get this title transferred to me tomorrow or 2. prepare for a lawsuit. While he pondered his options, I could hear my mother whispering something in the background...I don't know what she said...but he then came back on the line and told me that he would meet me tomorrow and will sign the "Bill of Sale" or the "Donation" form, whichever I prefer. He was using the sweetest, most innocent voice I have ever heard. He simply said, "Sure, I will sign it. No problem." So go figure. I was shocked! Now, I would normally be excited over this good news and would love to shout a big "yippie skippy," but I do not trust him! Why the sudden shift in demeanor? I smell something fishy. He didn't even mention the fact that I had referred to him as a jerk in that email. He didn't even demand an apology, which I expected him to insist on. Instead, he was unusually calm and pleasant, agreeing to meet me tomorrow. What's up? I can't imagine that my mother suddenly has some measure of influence over him. In any case, I am planning to travel three hours away from home to meet him tomorrow and get this "Bill of Sale" signed. If he signs it as promised, then I will be through with him!!! Case closed. I hope all of you will keep your fingers crossed for me tomorrow. This is my last effort before going to court, and I really don't have the extra cash lying around for a greedy lawyer, lol! I love my volkswagon! It now has 81,239 miles on it, but it has NEVER had to be in the shop for repairs of any kind. It's a good, reliable car that gets great gas mileage. So I figure if I have to go through hell to keep my VW, then it's worth it...up to a point anyway. Again, thanks for all of your support. I needed it. Calmest_LA
Calmest- That's good to hear. The plus side is if he doesn't sign the paperwork, I believe you would have to file a lawsuit in HIS city (wherever this originally occured), so if he backs out, you're there and able to file! Good luck, my fingers and toes are crossed!
Tell your friends and trusted relatives where you're going and why, and keep a cell phone with you during the encounter. File a police report re extortion, just so they have something on record. If possible, take a (really big) man with you. Hope all works well, Marci
Also think about taking a different car up there in case he has ideas on grabbing it while you are there. Dave
Go with your instincts...take your paperwork for him to sign, but by all means don't drive your VW to their place! What if he has someone waiting to "repo" the car? Or maybe he's reported it as stolen? If he's as underhanded as you say, try and swap cars with a friend for the day and have that friend keep your car someplace safe. Or, park it in the airport parking garage and then drive a rental car out to see them. This prevents him from having someone at his place to get you and the car....or having someone go to *your* place to get the car while it's sitting in the open.
Wow ... this is high drama. I'm so sorry that you're having to go through all of this. If you can get this all behind you, great. But just based on your storyline, I would have a very high level of suspicion. I definitely would NOT drive the car there - beg, borrow, plead with a friend - preferably one who would go with you - to take you. If this all does go awry, it really sounds to me like you have a good extortion case on your hands. He also has a world of trouble with the IRS for underreporting income for the last xx years (interest paid to another person is income). You have some fallbacks if this all goes bad. Hopefully it doesn't, you can apologize (with fingers crossed) and move on. Best of luck to you - mj
please heed the advice above and take someone with you as a witness, and do not drive that car. If you can't arrange this on such short notice, consider calling with an excuse of illness, or whatever works, until you can get this set up. do not proceed until you have a partner to go with you, preferably an adult, male & large, the strong silent type would be my first choice... good luck, keep us posted.
