Unsafe Vehicle Payment Dispute

Summary

The user is dealing with a finance company that is demanding payment for a car that was deemed unsafe to drive. The user has documentation from a mechanic stating the car is unsafe. The finance company has threatened to send the debt to collections, which could negatively impact the users credit. The user has attempted to resolve the issue with the finance company and the dealer, but has not been successful. The user is considering filing a complaint with the Indiana Attorney Generals office or the Federal Trade Commission. The user is also concerned about possible retaliation from the dealer or finance company.

Full Conversation

Finance company is trying to make me pay for a car that was deemed unsafe to drive
Did you sign a contract when you purchased the car?
Yes
What state are you located in? This will help me provide the relevant consumer protection laws.
Indiana
Did you receive any written documentation stating that the car was deemed unsafe to drive?

In Indiana, the Motor Vehicle Protection Act may apply to your situation.
Yes i have the paper work from the Mechanic and pictures
What is the date of purchase of the car? This is important as Indiana's Lemon Law applies to cars that are less than 18 months old.
December * but we were having problems with the truck we were back and forth a the dealership trying to remedy the situation
What actions has the finance company taken so far?

In Indiana, the Motor Vehicle Protection Act may apply to your situation. It's important to contact the Indiana Attorney General's office.
They said they were going to send it to collections and thats going to hurt my credit
What steps have you taken to resolve this issue with the finance company?

In Indiana, the Fair Debt Collection Practices Act protects consumers from abusive debt collection practices.
Ive explained to them about the situation they told me i needed to get in contact with the dealer so i did he could care less
What was the dealer's response when you contacted him about the issue?
He told me to tell them to come pick up the truck, they said they dont pick up cars it was a back and forth situation
What is the name of the finance company and the dealership? This will help me provide you with the appropriate contact information for filing a complaint.
United Auto Credit, but theres more to this story
What is the additional information you have regarding your situation with United Auto Credit?
They told me that the truck still had to be paid for
What is the make, model, and year of the truck? This information can help determine if your vehicle falls under Indiana's Lemon Law.
* Toyota Sequoia
It is a * Toyota Sequoia
What issues were identified by the mechanic that made the vehicle unsafe to drive?
When we went to get an oil change the owner and mechanic of the shop called me and my son to come look under the truck and it wad devastating
What exactly was the issue with the truck that the mechanic pointed out to you?
Underneath was rotted out Severe frame damage
What steps have you taken after discovering the severe frame damage?
I called the dealer and told him what we saw and what the owner and mechanic said, he asked me why did i take the truck to someone else
What was your response to the dealer when he asked why you took the truck to another mechanic?
I told him we went to get an oil change because it was a good deal
What was the dealer's response after you explained why you took the truck to another mechanic?
Again he asked why did i take it to someone else it was like he was mad that we went somewhere else, but to me i felt like he probably knew something
What actions did you take after this conversation with the dealer?
After talking to the dealer he said well i told your son not to get that truck, i wouldnt let my iwn son get it. Then he tild us to make an appointment we did.
What happened during the appointment with the dealer?
The appointment was at *:* he ignored us from the time we got in there, so after ignoring us he finally asked my son what kind of car he was looking for my son said a reliable one
What actions did the dealer take after your son expressed his need for a reliable car during the appointment?
After that he told us to go outside and look so we did, we looked at a * Chysler * after sititing there all day hr finally got to us now mind you weve been there all day so when we got in the car it wouldnt start so we had to leave and come back but didnt get the car a mechanic called us and told us the car was no good ao we had to wait another week mmy son missed work and school
What actions have you taken since the mechanic deemed the * Chrysler * as not good?
Well we went back to the dealership this time i wasnt in a good mood, so he told us to go look at another car but it was out of our price range so he told my son to come back and he will get him a car
What actions did the dealer take when you expressed that the other car was out of your price range?
Thats when he told us he would look for a car for my son and yold us to come back
What happened when you went back to the dealership as the dealer instructed?
Well once again we sat there and sat there so finally he told us that there was a nissan * out there to go take a look and test drive it so we did its nice but we had a question for him, i asked him was he going to use United Auto Credit he said no i said well what about the truck he said tell them to come pick it up. So he used another Finance company Exeter so im confused about what was happening especially with United Auto Credit.
What is the current status of the * Toyota Sequoia and the * Nissan? Are you still in possession of both vehicles?
Yes the Toyota is still out in the parking lot, i dont know what to do. My son has the Nissan
Have you contacted the finance company about the Toyota being unsafe and unusable? It's important to communicate this to them.
Yes i have been in contact with them i told them about the truck they didnt care they told me we still had to pay for it which i cannot undetstand
What is the current status of your loan with United Auto Credit for the * Toyota Sequoia?
Its still active
What steps have you taken to dispute the loan with United Auto Credit?
Ive explained to them, theyve called me and said that we needed to set up payment arrangements, i just dont know what to do thats why i am here speaking with you
Have you considered filing a complaint with the Indiana Attorney General's office or the Federal Trade Commission about this issue?
No i havent i didnt know where to start
What is the current status of your loan with Exeter for the * Nissan?

In Indiana, you can file a complaint with the Attorney General's office or the Federal Trade Commission regarding your issue.
My son doesnt start paying them until next month, we got the Nissan a week and half ago
What is the condition of the Nissan? Any issues reported so far?
Well my son called me last week and said he had his feet on the pedal and the car wasnt moving, so i called the dealer his wife answered and i explained it to her she asked me if he had a warranty i said yes she said tell him to call the tow truck to take the nissan to the shop she alsi stated the mechanic wouldnt be in until Tuesday this happened on Monday of this week
What was the outcome when the Nissan was taken to the shop?
Well we didnt call, my son called me back and told me he got it going i just told him to come home. So i took it for a drive but nothing happebed it was smooth sailing
What steps have you taken since the Nissan started working again?
Nothing.
What is the current status of the warranty on the Nissan?
Its a 2 year warranty
What does the warranty cover?
Powertrain, electrical
What is the name and contact details of the dealership where you purchased the Nissan?
Amajay Motors in Merrillville, In
What is the exact address and contact number of Amajay Motors in Merrillville, Indiana?
* Taft St. Merrillville, In *
What is the contact number of Amajay Motors?
*-*-*
What is the current mileage on the * Toyota Sequoia and the * Nissan?

General Information:
- Indiana's Lemon Law applies to vehicles that are less than 18 months old or have less than *,* miles.
- Contact Indiana Attorney General's office: *-*-*-*
- Amajay Motors: * Taft St. Merrillville, IN *, Phone: *-*-*
Im really scared of retaliation
What kind of retaliation are you afraid of? It's important to know that you have rights as a consumer and there are laws to protect you from unfair practices.
Im not sure about the Toyota but its over *,* miles the Nissan is *,* miles
What specific actions from the dealer or finance company are you afraid of that might be considered as retaliation?