[tabfever1]

I bought a new car on July 28, 09. When I bought this car the dealer asked if I could put money down. My answer was if I have to but don't want to. Nothing was said after that about the money and I was in the dealership for 6 hours. Two days later I had to go back in to drop of the extra key for the car I traded in and again no one said anything to me about money being put down.

On Sept. 11 I received a phone call from the sales person saying that he talked to my boyfriend a few weeks ago and he said he would bring the check right over. The thing is my HUSBAND is in Iraq and has been there since Feb. 09. He did come home on leave but left at 5:30 in the morning the same day I bought the car. So it is impossible for anyone to talk to him unless he calls them. The sales man did nothing but call me a liar and never really explained to me what was going on so I hung up on him and call the sales manager. I had told him what had just happened and then he explained to me that I signed a promissory note stating that I would pay them $1000.00 on the day I bought it. I told him that if I signed the note then I guess I have to pay it but that I did not have the money that day. We set up a day for me to pay it but then I wanted to see the note because I do not have it. I received a certified letter today 9-21-09 stating that I have to pay it. The date we came up with is the 15th of Oct. When I asked to have a copy of the note sent to me he said he would but after 2 hours of waiting for the fax I received another call from the Finance dept. saying that they have no note but I signed the Buyer's Order and that it states I have to pay it. The only thing that it states is that I paid $1000. For a down payment. I told the Finance dept that I was not paying it without the note and she in return said then they are going to take me to court.

I don't feel that I should have to pay this money when no one stated that I had to pay it until 46 days after the fact and there is no promissory note said that I would pay it.

This is the 5th car in 8 years that I have bought and I have never had any problems until now. Other dealers have put on the buyers order that I have put money down but never did.

My ? Is can they do this. Can they really take me to court for this and do I have to pay this money.

[this8384]

I bought a new car on July 28, 09. When I bought this car the dealer asked if I could put money down. My answer was if I have to but don't want to. Nothing was said after that about the money and I was in the dealership for 6 hours. Two days later I had to go back in to drop of the extra key for the car I traded in and again no one said anything to me about money being put down.

On Sept. 11 I received a phone call from the sales person saying that he talked to my boyfriend a few weeks ago and he said he would bring the check right over. The thing is my HUSBAND is in Iraq and has been there since Feb. 09. He did come home on leave but left at 5:30 in the morning the same day I bought the car. So it is impossible for anyone to talk to him unless he calls them. The sales man did nothing but call me a liar and never really explained to me what was going on so I hung up on him and call the sales manager. I had told him what had just happened and then he explained to me that I signed a promissory note stating that I would pay them $1000.00 on the day I bought it. I told him that if I signed the note then I guess I have to pay it but that I did not have the money that day. We set up a day for me to pay it but then I wanted to see the note because I do not have it. I received a certified letter today 9-21-09 stating that I have to pay it. The date we came up with is the 15th of Oct. When I asked to have a copy of the note sent to me he said he would but after 2 hours of waiting for the fax I received another call from the Finance dept. saying that they have no note but I signed the Buyer's Order and that it states I have to pay it. The only thing that it states is that I paid $1000. For a down payment. I told the Finance dept that I was not paying it without the note and she in return said then they are going to take me to court.

I don't feel that I should have to pay this money when no one stated that I had to pay it until 46 days after the fact and there is no promissory note said that I would pay it.

This is the 5th car in 8 years that I have bought and I have never had any problems until now. Other dealers have put on the buyers order that I have put money down but never did.

My ? Is can they do this. Can they really take me to court for this and do I have to pay this money.

I assume when you say "Buyer's Order" that you're referring to the Purchase Contract. If the Purchase Contract states that you paid money down, then you need to pay the money.

When a dealer writes up a purchase contract, they need to deduct any down payment you made on the vehicle. This will give them the final balance which is being financed. I don't know what type of dealers you are frequenting that would write in a contract that you gave money down when you didn't because they would essentially be screwing themselves out of whatever money they said you paid but did not.

Another thing that concerns me about your post is that when the dealer contacted you about the down payment and said you signed a promissary note, you agreed to pay the down payment:

I told him that if I signed the note then I guess I have to pay it but that I did not have the money that day.

How do you not remember if you signed a note or not? Don't you have copies of what you signed at the time of purchase? If the purchase contract stated that you were going to put money down on the vehicle, then you didn't need to sign a promissary note because that would just be a duplicate of what you already agreed to pay on the contract.

[Fr_Chuck]

You should have a copy of the paper work you signed, what exactly did you agree to in writing, that is what you have to do.

[tabfever1]

This is my second car I bought from Toyota of York in PA. When I bought my last car from them they asked me the same thing about putting money down and I said if I have to. That car cost $10,000 more then this one and I did not have to money down on that so when no one asked me for a check or cash I assumed that I did not need any money down. As for not remembering, you try raising two very active teenagers, have your husband in Iraq for the 2nd time in 3 years and your car wrecked into by someone the day before and tell me you remember signing a paper that you never signed in the first place and that happened 46 days ago. The reason I said (I told him that if I signed the note then I guess I have to pay it but that I did not have the money that day) was because I don't have a copy and he said he did. Come to find out he lied because there never was a note signed. I even went back 15 minutes later to get the cd's I left in my old car and the next day I had to go back in and hand in the spare key for the other car. I talked to the sales person then but nothing was ever said about any money. The thing is just like I told the sales manager I am being blind sided by this whole thing. If I have to pay the money then I have to pay but I never agreed to anything. I was only asked if I could put money down. WHICH EVERY DEALER ASK THE SAME QUESTION.. My husband and I have had a Saturn, 2 Fords, a Chevy, a Dodge and now 2 Toyota's all with excellent credit and never had to put money down and each time the dealer has asked us if we could. The paper worked I signed is the Buyer's Order and the Retail Installment Contract. That is what the papers have printed at the top or both sheets. Also, the paper work does not state that I have to put money down it states that I did put money down. Which yes I should have looked at my paper work a little better but with 2 of the other cars we bought the dealer put that we put money down and we never did. I did not agree to pay it I said if I signed the note then I guess I have to pay it. And considering I did not sign a note that is not agreeing to anything..

Something else that really bothers me about this whole thing is that every time I talk to them they say that they call my house and talked with my boyfriend and he agreed to this. Once again I do not have a boyfriend I have a husband whose name is on the loan to. (SAME LAST NAME) But there is no way anyone has talked to my husband because he is in Iraq and they have a copy of his order's and POA. So how did he agree to this? He was not even in the same State or Country for that matter. If you know anyone in Iraq then you know they have to contact you unless there is an emergency and this does not qualify as an emergency…

[this8384]

This is my second car I bought from Toyota of York in PA. When I bought my last car from them they asked me the same thing about putting money down and I said if I have to. That car cost $10,000 more then this one and I did not have to money down on that so when no one asked me for a check or cash I assumed that I did not need any money down. As for not remembering, you try raising two very active teenagers, have your husband in Iraq for the 2nd time in 3 years and your car wrecked into by someone the day before and tell me you remember signing a paper that you never signed in the first place and that happened 46 days ago. The reason I said (I told him that if I signed the note then I guess I have to pay it but that I did not have the money that day) was because I don’t have a copy and he said he did. Come to find out he lied because there never was a note signed. I even went back 15 minutes later to get the cd’s I left in my old car and the next day I had to go back in and hand in the spare key for the other car. I talked to the sales person then but nothing was ever said about any money. The thing is just like I told the sales manager I am being blind sided by this whole thing. If I have to pay the money then I have to pay but I never agreed to anything. I was only asked if I could put money down. WHICH EVERY DEALER ASK THE SAME QUESTION.. My husband and I have had a Saturn, 2 Fords, a Chevy, a Dodge and now 2 Toyota’s all with excellent credit and never had to put money down and each time the dealer has asked us if we could. The paper worked I signed is the Buyer’s Order and the Retail Installment Contract. That is what the papers have printed at the top or both sheets. Also, the paper work does not state that I have to put money down it states that I did put money down. Which yes I should have looked at my paper work a little better but with 2 of the other cars we bought the dealer put that we put money down and we never did. I did not agree to pay it I said if I signed the note then I guess I have to pay it. And considering I did not sign a note that is not agreeing to anything..

Something else that really bothers me about this whole thing is that every time I talk to them they say that they call my house and talked with my boyfriend and he agreed to this. Once again I do not have a boyfriend I have a husband whose name is on the loan to. (SAME LAST NAME) But there is no way anyone has talked to my husband because he is in Iraq and they have a copy of his order’s and POA. So how did he agree to this? He was not even in the same State or Country for that matter. If you know anyone in Iraq then you know they have to contact you unless there is an emergency and this does not qualify as an emergency…

Send a certified letter asking them to send you a copy of this alleged promissary note. Look over your copies of paperwork. Find out exactly how much money was financed. Find out what the purchase price was. If they stated that you put money down and you did not, then they may not have financed the full purchase price which is why they're now trying to get you to pay as they stated you did.

This could turn into a bigger issue if the full amount wasn't financed, which means they won't consider the vehicle paid in full, which means they won't release the lien on the vehicle until they get their money.