- After having her newly purchased car repossessed, an Ohio woman found that the dealer had failed to renew the registration of its name. She took possession of the name. A legal fight is proceeding, with an appeals court showing her some support.
An Ohio woman, whose car was repossessed by the dealership just one month after she bought it, has pulled off a revenge move for the ages.
Tiah McCreary discovered, as she explored legal options against the company, that the dealer has failed to renew the registration on the company’s name with the Ohio Secretary of State, so she registered it in her name—then hit the dealer with a cease-and-desist order, ordering them to no longer use the name they’ve used since 2012.
As you might guess, a legal battle is underway..
To back up: McCreary, according to court documents, received preliminary approval for a loan when buying a used Kia K5 at Taylor Kia of Lima. The lender later determined the information regarding McCreary’s income was not sufficient for final approval and the car was repossessed while she was at work.
Once she responded in court, with the demand that the owner cease using the name, the dealer argued that an arbitration clause in her agreement to buy the K5 made the court case invalid. A judge agreed.
That could have been that, but the Third District appeals court ruled that while McCreary signed the arbitration agreement and that would apply to the matter of the repossession, the claim over the use of the name “Taylor Kia of Lima” was not subject to arbitration, as it had nothing to do with the Kia purchase.
The court reversed the previous decision, writing “this claim is a separate matter that could be pursued independently of the other claims in the complaint that address the consumer transaction at issue. Since this claim does not fall within the scope of the arbitration agreement, this claim should not have been dismissed and sent to arbitration.”
The case is now headed back to lower courts for additional legal proceedings.
