Is this wrongful repossession, and should I pursue a lawsuit ?
Location
Akron, Ohio
My car has been towed about a dozen times in the 5 months I’ve owned it, due to an improperly installed killswitch tracker. I have reports from each and every mechanic detailing how the tracker was wired wrong as it was the main culprit to why my car would stall/not start out of nowhere. This doesn’t include the other half a dozen times my car was at a shop, trying to figure out what the problem was as they just threw parts at it until we finally realize it was the tracker the whole time.
Unless I got verbal approval from the dealers that my mechanic can fix the tracker or bypass it or take it off temporarily so I can get it back to them. I wasn’t permitted to remove it as it was a breach of contract.
They, themselves had over five times to install it and reinstall it only making matters worse each and every time because the problem never went away and the same thing kept happening, over and over.
Fast forward to last month; yet again, I stalled out at the pet groomers and had to get it towed to the local mechanic. He called me up to tell me again, the wires came loose, as he sent me a picture of the device and its rats nest of wires dangling from the tracker.
Like groundhogs day, I call up to the dealers, to be told “that’s not good” followed by 3 weeks of silence. They stopped taking my calls or answering any emails or texts, asking them what I should do about it, as it’s gone on too far and too many times. After so long I felt like I had no option but to instruct my mechanic to take the tracker off so I can drive my car safely! I have after all been making all of my 400$ a month payments on time, not to mention the $4000 I put down on it just a few months prior. I’d like to add at this time that my car has been at the shop 1/3 of the time I’ve owned it thus far.
I went and picked up the car as it drove like butter. I headed home for no more than a day and a half, when the dealers came and repossessed it for breach of contract
They also put on the repossession notice that I didn’t continue to have full coverage insurance, which I don’t know where they even got that from because I definitely 100% have full coverage insurance and I always have. I sent them a demand letter with my insurance info and statement from my insurance stating I have not had a lapse In coverage; but they just responded by saying I owe the full amount of the car due, with fees on top of that adding up to almost $5900.
OK, I understand that per my contract, I’m not supposed to tamper with the tracker, but tampering means having malicious intent, or to hide the car. I simply removed the device they installed that was making it impossible for me to drive my car, and they ignored any attempts in the end to resolve the matter. I almost feel like they purposely ignored me to put me in that position.
Not to mention the whole duration of my time with them was an absolute nightmare, as I never ever felt safe driving the car because I was constantly worried it was going to stall, which most of the time it did!
I filed a complaint with the Attorney General‘s office as they replied by saying - This is an “As-is” sale, and it’s the price I pay for buying it. (Stating the car was impaired for other reasons)
I don’t think the rules that come with an “as-is” car sales applies here, b/c this isn’t normal wear and tear. This is impairment caused by something they did. Am I wrong or impartial to my own opinion?
Does this situation have any legal recourse? Does my removing the tracker have justification?
Thank you