Is The Car Center Out of Business?
I just received a tip that The Car Center has abruptly closed. I tried calling the phone number I had for them, and the phone wasn’t answered. UPDATED 9/28/2016. I have confirmed that the company is definitely closed.
I have received several complaints about this lot. None resulted in a case that I took action on. Whenever a buy-here-payhere car lot closes, inevitably there are questions from the buyers:
Help, the car dealer I bought my car from has closed, what do I do? Who do I pay? What if I have a problem with my car? How can I get my title? If you have a car from this lot, you probably have to pay somebody, but it isn’t clear who you have to pay. Believe it or not, it isn’t necessarily the person who calls you and says they hold the lien, but it MIGHT be. The issue is complicated, but if a company provided floorplan financing to the dealership, that company doesn’t necessarily have the right to repo yoru car. You have superior rights to the floorplan finance company at least to the extent of your downpayment. If the dealer held the contract in its own name without asignment to another finance company, your creditor will be the dealer’s bankruptcy trustee if the dealer is bankrupt, and if the dealer is not bankrupt, it will still be the dealer.
If you live in Indiana, the Indiana Secretary of State’s Office has a Title Assistance Program, where if you have trouble getting a title from a dealer, you can file a complaint with their office, and they will attempt to assist, and they will issue you a new temporary tag. Note, a dealer in Indiana is only supposed to issue one temporary tag. If a dealer issues a second temporary tag, that is a sign the dealer is playing fast and loose with the law, and you should complain to the Secretary of State’s office.
Often, after you buy a car at a dealer, somebody calls you and says you have to turn the car in – even if you haven’t missed any payments and even if no payment is due. Usually this is not legitimate. You might have claims or defenses to be raised. Before you turn the car into anyone, ask that company for written proof that they are the owner of your car loan. If anyone comes to repossess the vehicle, tell them to leave or you will call the police for a “breach of the peace.” If your car is repo’d call me at 317-662-4529. If you are threatened with reop, call me as well.
If you get a call from anyone who wants you to give up your car – record the call. This may be key to proving a law violation later. Ask for any demand to be repeated in writing.
Wherever you live in the United States, if you need to talk to a Consumer Attorney, the National Association of Consumer Advocates’ Attorney Referral page can help you find one near you. Here’s the link.
http://www.consumeradvocates.org/find-an-attorney
