Dealer mistake?

[BackinBlackSS/RS]

Here's what you do. Tell him to kiss this.

[McBeevee]

Yeah, no way in hell I'd give them another penny. Heck, I would rather pay the $2500 attorney fees before I'd give them the satisfaction.

[THE EVIL TW1N]

Originally Posted by KowalskiCamaro

The owner of the dealership spoke to me today and said he would not pay off my trade in until I come into the dealership and settle the difference. GEEZ! Can he really do that?

haha i bet you anything thats a bluff. They probably already sold your trade in. Cars dont stay on the lot very long. Used cars bounce around alot at the auctions as well.

[Mr_Draco]

Originally Posted by KowalskiCamaro

The owner of the dealership spoke to me today and said he would not pay off my trade in until I come into the dealership and settle the difference. GEEZ! Can he really do that?

No he can't, well not this late he can't. This is just a bluff trying to scare you into giving them the money.

By law dealers have a set amount of time to pay off trade in's or pay massive fines.

Ask yourself this, since you traded it in, have you ever been asked to make another payment on the traded in vehicle? My bet is no you haven't.

Also something else you can do is call the company you had the loan of the trade in with and inquire about it. If possible go there and request a copy of the sign and dated paperwork for the payoff.

Another thing you can do is mail a Debt Validation Letter via certified mail to the owner. What this will do is prevent them from contacting you in any shape or form about the money for 30 days under the Fair Debt Collection Practices Act (FDCPA) or you can sue them for $1,000 plus damages for EACH contact. If after the 30 days they haven't validated the debt, ALL contact between you about the money must cease or you can sue them for $1,000 plus damages. Another thing, this prevents them from taking you to court or you can sue them for $1,000 plus damages. If you want to learn more about this route go to http://www.creditinfocenter.com/rebu...lidation.shtml

[SirMike]

Originally Posted by Mr_Draco

No he can't, well not this late he can't. This is just a bluff trying to scare you into giving them the money.

Ask yourself this, since you traded it in, have you ever been asked to make another payment on the traded in vehicle? My bet is no you haven't.

Also something else you can do is call the company you had the loan of the trade in with and inquire about it. If possible go there and request a copy of the sign and dated paperwork for the payoff.

Another thing you can do is mail a Debt Validation Letter via certified mail to the owner. What this will do is prevent them from contacting you in any shape or form about the money for 30 days under the Fair Debt Collection Practices Act (FDCPA) or you can sue them for $1,000 plus damages for EACH contact. If after the 30 days they haven't validated the debt, ALL contact between you about the money must cease or you can sue them for $1,000 plus damages. Another thing, this prevents them from taking you to court or you can sue them for $1,000 plus damages. If you want to learn more about this route go to http://www.creditinfocenter.com/rebu...lidation.shtml

I totally agree. Good advice. This dealer sounds like a real peace of work. Tell you what, why not post his name and number so we can all give him a call and express how unfair he is being. <== actually that is prolly against the forum rules so never mind. Doooh!! Or you can also have some friend of yours go by the dealer or call and ask about a car like the one you traded in. They may not even have it anymore. I don't remember exactly but isn't there a document you sign that transfers ownership of the vehicle? You can fax that to the finance company you had to provide proof. Just a thought.

But seriously, that dealer is a piece of work. The nerve of this guy. Also, what's up with the lawyer you spoke to? He was no help. I am very sorry you have to go through all this trouble for their mistake. Please keep us posted. Good luck.

[HondaPowered]

Originally Posted by SirMike

Also, what's up with the lawyer you spoke to? He was no help. I am very sorry you have to go through all this trouble for their mistake. Please keep us posted. Good luck.

+1. Lawyer sounds like an asshole.... Wait, why does that surprise me?

[cab2g]

Wow this is a mess. 1 reason I'd rather do a private sale than a dealer trade in. But the lawyer was not being an ass. 11 hours of work cost me nearly $3000 in lawyer fees. I ended up getting what I owed reduced by $250. Do the math. It did not work out for me. Well I got other benefits like being able to actually keep my house, but the situation was so f'd up I'm still glad I had a lawyer. I had the builder asking for more money and seller of the lot not paying the previous year's property tax and stating that they would not pay it unless I did X Y and Z for them. It was so f'd up.

[KowalskiCamaro]

Originally Posted by cab2g

Wow this is a mess. 1 reason I'd rather do a private sale than a dealer trade in. But the lawyer was not being an ass. 11 hours of work cost me nearly $3000 in lawyer fees. I ended up getting what I owed reduced by $250. Do the math. It did not work out for me. Well I got other benefits like being able to actually keep my house, but the situation was so f'd up I'm still glad I had a lawyer. I had the builder asking for more money and seller of the lot not paying the previous year's property tax and stating that they would not pay it unless I did X Y and Z for them. It was so f'd up.

This was the first time I ever traded in a vehicle. It will now be the last. I have learned that the person that threatened not to pay my trade off was the General Manager. I now have the phone number for the owner himself because I am friends with the previous owner of the dealership. Monday I will make a phone call to him and see what he says about his GM making threats to customers not to pay off a loan on a trade.

[v6sonoma]

I would tell them either "Hell No! Your problem!" or "When would you like to pick up your car and issue my full refund plus interest to pay off the loan?"

[nards444]

crappy situation I mean both sides here have a leg to stand on. Dealer should do the right thing and let it go. Although if they give you employee pricing but the car is being coded friends and family they wont get reimbursed by GM. But me thinks that somebody in that dealership could probably give you a employee pricing code. Dealer did this to me once on 500 bucks, ended up splitting it with them after a long debate. But if you have had it that long I would think you have lost of some ammunition in the fight. Getting a lawyer isn't worth it because by the time you pay him you just just the difference. Personally I would call chrysler talk to the mangaement at the dealer. Usually when you buy a car there some fine print or something stating that you agree to pay any unknown fees or charges that come up. Shitty place to be but you are probably best off going in there and negoiating a descent deal or something.

[KowalskiCamaro]

I have paid them $1000 and they have paid off my trade. Now begins the process of contacting the owner on Monday to get my $1000 back since I was threatened by his General Manager. I would think the owner of the dealership should at least know my story and how I was treated. We will see.......

[Mr_Draco]

Originally Posted by KowalskiCamaro

I have paid them $1000 and they have paid off my trade. Now begins the process of contacting the owner on Monday to get my $1000 back since I was threatened by his General Manager. I would think the owner of the dealership should at least know my story and how I was treated. We will see.......

You shouldn't have paid them anything. Bets are you won't get it back willingly.

If you paid by debit or credit card you can contact your card holder and tell them that someone made a fraudulent charge on your card.

[KXRM]

Why did you pay them!?!? You aren't getting a dime back. The fact is they had no claim, you signed for the car he signed for your loan and your car. End of story. I had a similar situation happen with my house, the sellers wanted to keep the mineral rights but improperly worded it in the sellers disclosure making it sound like they didn't have the mineral rights. It turned out they didn't even know if they did. When the contract went through they neglected to check for the amendment to the deed to sever the mineral rights.

Flash forward to 6 months later and their realtor starts calling me wanting me to "hold to my word" on leaving the mineral rights to them. I told them I had no idea that they even had the rights to begin with, which materially changed the deal. So without proper representation and a lawyer paid for by either them or the sellers, I wouldn't even consider sitting back down and talking about the situation. The short of it was, the contract was signed, they had no leg to stand on. All it took me was about 3 hours of sitting at the records building in downtown to determine I had the rights.

You should always read what you sign and know where you stand in a deal. That way you don't get pushed around over someone else's negligence.

[KowalskiCamaro]

Originally Posted by Mr_Draco

You shouldn't have paid them anything. Bets are you won't get it back willingly.

If you paid by debit or credit card you can contact your card holder and tell them that someone made a fraudulent charge on your card.

I paid with a check so there would be a paper trail. The bottom line is I did get a better deal than what I was supposed to. My real problem is the way the situation was handled and they weren't willing to live up to their end of the contract. It could have been a much better experience. I will be calling the owner in about an hour so I'll let you know how it goes.