 |
Is it legal or ilegal for the car dealership to take back my car that I thought was financed without any notice? Isn't the banks supposed to be the one to repo the car if that's the case? And is the car suppose to be in a tow yard and not at the dealership if it was in fact a repossession>
Were you late on payments?
Did you finance the car through the dealership or through the bank? Your contract will have the answer to your questions. If you are delinquent on your payments, the creditor can probably take the car without notice or permission. Again, read your contract.
It is not uncommon for some dealerships to self fiancé used cars, and latter sell the paper.
If you were late, the lender can hire anyone they want to repo,
So there is no reason at all the dealer can't repo the car.
And there are no rules as to where it has to be stored.
I've seen lenders have a vehicle repossessed, then turn around and give the vehicle to the dealership to sell for them.Quote:
Originally Posted by aolivas
I'm confused by what you mean - "I thought was financed." Is this even your car? Whose name is on the title? Who supposedly obtained the financing?
The dealership was basically playing games or pulling some type of a scam. They basically let me drive off the lot with 2 vehicles and told me I was approved and financed for 2 vehicles which I never wanted 2 vehicles in the first place.I then go back 2 days later to see if I can exchange one of the vehicles for a bigger car because it did not fit me and the family. They were very rude that day and told me I don't have good enough credit.so I was confused from then on. I then go back 8 days later because they had called or text my cell phon nurmerious of times saying it's a emergency to come in today. That some paperwork to resign or something. I get there and I do not sign anything. They give me the run around and tell me to come back again which I did 5 days later then another time and another. After that I was getting fed up. Then they want to be complete s about the whold thing and told me that I need to turn in one car and blah blah blah that I was all of a sudden not approved for 2 and then other days I was. Couple of days had past I was never late on payments because I never got a payment statement nor wasn't financed supposively to make the payments.my contract stated payments to begin on June 9 2010 comes to find out all of a sudden my cars gone June 25 2010 I called the dealership and they told me yes we have "our" cars and that they were reposses I have questioned back and sayed "how can they be repo without a lender" he had ansewrd back well our guys not here you will have to speak with the gm on monday" I then speak with another person saying yes we have our cars and that our cars are back at our lot. I then called on sat asking to get my belongings and they told me I don't know where the cars are at and that the guys who got the cars are not here and I would have to speak with the gm Monday morning. I then called again Sunday letting them know I will be coming in to pick up my stuff from the 2 vechiles and my deposit Monday morning.they told me on Monday I would have to speak with a finance manager. I then arrive Monday morning to see where my stuff is at. They tell me to sign rollback paper work that was from a dmv that ncluded 2 of the same doc. I did not understand why I must sign these documents in order to receive my deposit back. The finance guys told me that I won't get my money back if I don't sign. So I walked out and didn't sign anything because on one of the documents it was stating that I in volunterly returned the vechiles which I didn't because they took it from me. I then get a call today speaking to the finance director telln me that he is no longer going to work for this dealership no more as of aug. and that he was returning my call bcause of this dealerships screw up
Time to take these jokers to court. You can file in small claims and let the judge help you straighten this mess out. Make sure you read all paperwork that you have.
Quote:
Originally Posted by califdadof3
Thank you for your response, so I do have a chance right? Because everyone was getting frustrated with me and telling me I should have just signed the paper work to get my money back but if I would have signed that paper saying I voulunteerly returned the car I wouldn't be able to get my deposit back right? I think this dealership is doing way more suspicious activity than ithought
Well the problem is that your not getting resolution. Your getting the run around. Also you should be reporting them to the State auto licensing board. Some deals fall through but this sounds like a nightmare. And they kept breaking promises.
That's why I would recommend taking them back to court and for them to explain. Did you at least make the June 9th payment?
No I didn't make the June payment because they told me I would have to come back and resign the contract and so then I wouldn't have to make a payment for another 45 days. I didn't want to resign I was getting confused I wanted to pay it but who would I pay>? They told me I would have to make payments to the bank and not them. But they couldn't even tell me who my lender was.
Go to court with this one.
I have to disagree to a certain extent. The OP received their deposit back; I don't see grounds for a lawsuit. A judge isn't going to force the dealership to sell them a car. But I would absolutely report them to the state - it sounds like a lot of incompetence, illegal activity or both.
Maybe Im confused and this wouldn't be the first time but when I read this:Quote:
Originally Posted by this8384
Quote--- I did not understand why I must sign these documents in order to receive my deposit back. The finance guys told me that I won't get my money back if I don't sign. So I walked out and didn't sign anything because on one of the documents it was stating that I in volunterly returned the vechiles which I didn't because they took it from me.
End Quote.
To me it sounded like he didn't get the deposit back yet??
Think that needs an answer from the OP. Was the deposit returned or not?
I guess we're both misunderstanding. If the OP hasn't received their deposit back, then yes - definitely file in small claims. If they have received their deposit, then there's no case. They have nothing to sue for.Quote:
Originally Posted by califdadof3
But this whole story is just bizarre and odd; I have never in my life heard of a dealership who would go through the headache of giving someone a car, let alone two cars, without any financing in place and then having to "repossess" said vehicles. What if the OP had gotten into an accident the minute they left the lot? They wouldn't be liable; the dealer would as the vehicle was still legally theirs.
Something's not adding up.
To the OP: you originally stated that you left with two vehicles "which you never wanted in the first place" - why did you leave with both of them then? Who drove the other vehicle?
I'm with Califdad in reading that the OP didn't get the deposit back. What I would do is go back to the dealer and tell them you will sign the form they wanted to get the deposit back, but only if the wording was changed to indicate that the cars were repossessed by the dealer. If they refuse to make that change, then tell them you will take them to court to recover the deposit.
But I also agree with This, that this whole thing is bizarre. It certainly appears that this dealer is scamming someone. I don't understand why they would allow 2 cars off the lot without all the paperwork done. I don't understand why the OP would accept a 2nd car when they only went in for one.
OK I didn't receive the deposit back they had called me back after the day I went in to pick up my stuff and wanted me to sin these documents. I shouldn't have to sign something that does not make sense to me. It seems the dealership just want to cover up there mistakes and make it easier from them so hell no I'm not going to be pressured AGAIN into signing a paper to get my belongings back and deposit. The funny thing is I get a call the next morning and I talk to a finance director and he tells me that I should have had my deposit already because he had orderd the check last week. He says that I should get it in 24 to 48 hrs. and now its been 48 hrs... and no call from them.. so no what do I do. I think I've been patient enough and been through some unessecary . I could have gone to another dealership and not had this head ache. The dealership told me I was finance several times before so now I just don't know y I'm not all of a sudden. Not one but several of there staff member had told me and my sister that I was approved. That's y I left with two cars. I only wanted one but the salesman was tellng me I don't leave the lot unless I get two cars for both of us so both of us will leave happy he said. I DO BLAME MYSELF TO A CERTAIN EXTENT AND THAT IS FOR JUST BEING IGNORANT AND JUST TRYN TO GET MY SIS INTO A CAR THAT SHE REALLY WANTED. I Don't BLAME MYSELF FOR ALL THE OTHER UNNECESSARY THINGS THAT HAVE HAPPEN. THEY Shouldn't OF TOLD ME I WAS FINANCED. AND THEN TELL ME IM NOT. THEY Shouldn't OF BEEN REALLY RUDE AFTER THEY SOLD ME THE VECHILE AND TELL ME I Don't HAVE CREDIT. THEY Shouldn't OF PLAYED GAMES AND LET ME THINK THIS CAR WAS Going TO BE MINE FORR THE REST OF MY LIFE AND A CAR THAT I INTENDED TO KEEP. THEY Shouldn't HAVE RAN MY CREDIT 14 TIMES WITHOUTH ME KNOWING. I CAN GO ON AND ON BUT THAT Will BE A BIGGER LIST. SO YOU GUYS TELL ME WHAT I DO NEXT OR IF IM In fact WRONG ON MY END? I WAS REALLY MIS LEAD AND TOLD FALSE INFORMATION FROM THE Beginning.
So let me get this straight - you tried to get financing for two cars, one for you and one for your sister? And you somehow feel it's the dealership's fault? The salesperson sweet-talked you and you fell for it; that's your own error, not theirs.Quote:
Originally Posted by aolivas
I have never in my life heard of someone running one individual's credit "fourteen times" - once is sufficient. Who told you/how did you learn how many times they ran your credit?
As I've already said, a lot of things you're alleging make zero sense and I cannot believe that anyone would be in business if they were operating in this manner on a daily basis.
You said you weren't going to be pressured into signing paperwork "again" - what did you originally sign? Can you post here what the paperwork says?
Quote:
Originally Posted by this8384
How can it not make any sense? All I know is that this is what's really happening I have no reason to make up any stories and waist my time. The dealership didn't sweet talk me into, he gave me a definet confirmation that I was indeed approved for two vehicles. Not only did the salseman but also 3 other sales man had told me I was approved. So how is it that its my fault for this happening. I didn't try to get finance it was told I was financed. Now they want to turn it around and tell me I'm not approved is bull.
How I found out that they ran my credit 14 times is from another dealership running my credit to see if I can get a vechile from them since the other dealership people want to play games n . I then receive a letter in the mail the day they had taken my car from a banker givien me a counter offer so you tell me why this whole thing does not make sense. I just wanted a vechile simple as that. And now I have to start all over again.
And also isn't the dealership suppose to notify me or have my signature showing I gave them the OK to run my credt?
He said you were APPROVED for two vehicles. That means you have the option. I get credit card approvals in the mail all the time - that doesn't mean I fill out the paperwork and get 30 new credit cards.
Now you're really not making sense. Let's call the dealership who repo'd the cars Dealer A - we'll call the new dealership Dealer B. You're trying to tell me that Dealer B sent you a "counter offer"? That's bogus. Either a dealer approves you or denies you; they don't play bartering games with each other.
You had to have authorized them to run your credit at some point - they couldn't have done a credit check without your social security number. That means someone had to give them your social security number. Who did that? I certainly didn't. I don't think your sister did, either.
Again - what does your signed paperwork state?
Dealer be did not give me a counter offer. Its says that th dealer a requested a certain amount from the bank and the bank approved them with the counter offer.
I went down to dealer b seeing if i can get a car with them instead and had shown dealer b the letter in the mail about this counter offer that i was approved. Dealer b ran my credit and had seen that dealer a had ran my credit 14 times and also mentioned it was odd for a dealership to do so.
Now lets go back to dealer a the very first time i step foot in the dealership. We sat down and he had taken my information down. And of course you need to provide them with your social security number in order to see what my credit score is right??
As well as my ca drivers license
And paystubs and all that crap. After that's done we go and pick the vehicle we want.after that's done we go over the contract and sign documents right? Right! As im signing the paper work dealer a shows me a paper indicating which credit buera he had requested my credit score from and had me sign it. I guess it shows that i gave them the ok to do that. So i was only aware of them running my credit once.
Now running it 14 times is kind of ridiculious. And if that was the case i would
Of had to sign each paper 14 times saying it was ok if im correct
Which i had no knowledge of them doing that which shows that i never gave them the ok. By them running it 14 times made my credit score even lower
I gave them permission only once that day and only 1 time. It does not give them the right for any other days or when im not present to run my score especially without me knowing
Dealer b had to call the bank/lender they deal with to see if i was approved or if they can approve me for the type of car i wanted. They told me "YES I AM APPROVE" with some circumstances. Which is a deposit. Obviously that's not a problem and i can do that. This dealership is more up front and business wise.
| All times are GMT -7. The time now is 12:41 PM. |