This case arises out of the plaintiff’s purchase of the 2005 Pontiac Bonneville from the defendants on or about July 1, 2014. At the time the purchase the vehicle had 78,811 miles. The purchase price of the automobile was $9,995. The finance charges over the life of the contract were $4,712. The plaintiff was obligated to make monthly payments on the first of the month beginning August 1, 2014 in the amount of $340.00.
The plaintiff continued to the payments from August until October however a dispute arose when the plaintiff wanted the defendant to pay for broken motor mounts for $222.00. The plaintiff signed retail installment sales contract evidencing the nature and extent of the payments however he was not provided with a copy of the contract. The plaintiff also signed a buyer’s order indicating that there was a documentary service fee of $295.
The plaintiff refused to pay for the broken motor mounts demanding that the dealership pay. The plaintiff fell behind on payments and the vehicle was repossessed on or about November 9, 2014. The car was supposedly resold about six months later. Post repossession and sale were allegedly sent to the plaintiff. However the defendant dealership sent them to the wrong address. After the vehicle was sold, more than 6 months later, another letter was sent to the plaintiff providing a breakdown of the sale however it was sent to the wrong address.
The notices sent to the plaintiff demanded a gate fee of $65 for the plaintiff to access his vehicle in order to obtain his belongings. The defendant dealership completed various documents with the Division of Motor Vehicles to obtain title to the automobile. Their certification was falsified in obtaining the documentation to get the title to resell the vehicle.
The plaintiff is obtained from the DMV a record of the vehicles which were purchased and sold by the defendant dealership which also indicates the time of the purchase and the resale. (Highlighted VINS)(1-16, 81-82 OPRA DEMAND) It appears as though the defendant engaged in a pattern of practice of selling vehicles repossessed in the maintaining them for a significant period of time probably on their lot.