Dealer Scam? Need advise.

PapoZalsa · 07-14-2010, 08:50 PM

Quote:

Originally Posted by Zaggeron

Wait until you talk to the dealer. In person -- with your signed purchase receipt. Use the threat of the BBB as a last choice solution. Try in good faith to resolve this with the dealer in person before you do much anything else. A phone call is OK, but an in person visit with all the documentation will prove much more effective.

They already told him " I see you in court". Did the dealer try to resolve the issue in good faith, NO! What type of customer service is that?

zZSoCalZz · 07-14-2010, 08:53 PM

Quote:

Originally Posted by PapoZalsa

They already told him " I see you in court". What type of customer service is that?

Yeah it's a threat not a way to try to resolve an issue.

Xan · 07-14-2010, 09:00 PM

Just make sure you don't go down there and hand them your only copy of your evidence.
Because that could be the last time you'll see those papers.
Make copies and only hand them a copy...

Zaggeron · 07-14-2010, 09:04 PM

a couple of phone calls with the credit collection department of a given dealership is not necessarily representative of the dealer in general. On the phone she can't tell what the hell is going on ... somebody either told her or wrote it down somewhere that you owe the money -- you say you don't. This is a dead end. I think you should go down to the dealership and talk to the manager. Show him your purchase papers. Have him tell you the name of the salesman who sold you the car and the finance employee you closed the deal with. Assume it was an honest mistake. Ask the manager to help straighten it out. If at some point the manager says "sorry, we can't help you. You owe the money". Then the negotiation has ended and you pursue other options.

junior_jam · 07-14-2010, 09:04 PM

In addition to the BBB, contact your state Attorney General's office. They have plenty of employees in place who deal with stuff like this all the time.

Zaggeron · 07-14-2010, 09:10 PM

Quote:

Originally Posted by Xan

Just make sure you don't go down there and hand them your only copy of your evidence.
Because that could be the last time you'll see those papers.
Make copies and only hand them a copy...

Good advice. Actually, it probably wouldn't matter since any claim against the original poster would have to include proof that he bought the vehicle from the dealer -- the very same proof the OP is offering would already be offered as the only evidence he owes the money. They obviously wouldn't take it to court which is why it is so important to get it taken care of

rmorrow · 07-14-2010, 09:15 PM

You might want to consider engaging a better attorney. You have a fully executed purchase contract that shows you made a $1,000 down payment. A good attorney would initiate discovery and subpoena their records if necessary, including all bank deposits. The attorney would also subpoena their policies/procedures for processing cash down payments, including posting the payments to the correct accounts and making the deposits. As far as hitting your credit, the last thing that they want to do is violate the Fair Credit Reporting Act (FCRA). Although businesses do not want excessive complaints posted through the BBB, the BBB does not have much if any clout in dispute resolution. Being a member of the BBB is more of a business marketing tool than anything else. Either they have very poor bookkeeping procedures, or they have a dishonest employee who pocketed the cash rather than turning it over for deposit.

Zaggeron · 07-14-2010, 09:22 PM

Quote:

Originally Posted by rmorrow

You might want to consider engaging a better attorney. You have a fully executed purchase contract that shows you made a $1,000 down payment. A good attorney would initiate discovery and subpoena their records if necessary, including all bank deposits. The attorney would also subpoena their policies/procedures for processing cash down payments, including posting the payments to the correct accounts and making the deposits. As far as hitting your credit, the last thing that they want to do is violate the Fair Credit Reporting Act (FCRA). Although businesses do not want excessive complaints posted through the BBB, the BBB does not have much if any clout in dispute resolution. Being a member of the BBB is more of a business marketing tool than anything else. Either they have very poor bookkeeping procedures, or they have a dishonest employee who pocketed the cash rather than turning it over for deposit.

I agree. Any you explain his position very clearly. But I still think he should try and talk to the dealership in person before expending anything more than gas and time it takes to get there.

rmorrow · 07-14-2010, 09:35 PM

I agree with making a trip to the dealership first, to try to get this issue worked out. My post was the next step if a visit with the General Manager of the dealership does not resolve it.

Zaggeron · 07-14-2010, 09:50 PM

zZSoCalZz · 07-15-2010, 12:08 PM

So I called them to see if I can go in there and show them my contract... This is what they said.

Me: I want to stop by and show you my contract.
Dealer: The contract means nothing if you don't have a "paper" receipt.
Me: So you're saying it's pointless for me to come in?
Dealer: Our records indicate not receiving the down payment so if you want to come in, come in with the money.
Me: So you believe your employee's word over mine?
Dealer: I didn't say that.

I pretty much hung up after that because I didn't want to say anything stupid.
Filed complaint on BBB and e-mailed the necessary people. I'll keep you guys posted.

dope · 07-15-2010, 12:18 PM

Quote:

Originally Posted by Zaggeron

a couple of phone calls with the credit collection department of a given dealership is not necessarily representative of the dealer in general. On the phone she can't tell what the hell is going on ... somebody either told her or wrote it down somewhere that you owe the money -- you say you don't. This is a dead end. I think you should go down to the dealership and talk to the manager. Show him your purchase papers. Have him tell you the name of the salesman who sold you the car and the finance employee you closed the deal with. Assume it was an honest mistake. Ask the manager to help straighten it out. If at some point the manager says "sorry, we can't help you. You owe the money". Then the negotiation has ended and you pursue other options.

Just want to add to this point. From my experience, collection agencies don't really care if whoever they're collecting for is wrong or not. Their goal is to just get the money and that's it. You'd have to talk to the dealership and get things resolved with them to have the collection agency off your back.

Zaggeron · 07-15-2010, 12:26 PM

It hasn't actually gone to collection yet, his conversation was with the dealer's collection department, but I agree in general.

OP, if you were talking to the GM on the phone, it sounds like they are a lousy dealership. Did he offer up any proof you owe the money? On the face of it, as others have suggested, the fact that you have the car, financing, and an executed contract that shows you paid a $1000 down payment puts the burden of proof on the dealership to show that some portion of the contract that you were responsible for was not satisfied -- Do they have a signed promissory note for the $1000 dollars that you have no proof was paid?

Kyle@STILLEN · 07-15-2010, 12:34 PM

You might still want to go down with the contract showing a $1,000.00 cash deposit was made and explain that, that is your receipt.

Also, call me paranoid, I wouldn't drive down there in your Z. Have a friend or family member give you a ride...

FuszNissan · 07-15-2010, 12:39 PM

Quote:

Originally Posted by Kyle@STILLEN

You might still want to go down with the contract showing a $1,000.00 cash deposit was made and explain that, that is your receipt.

Also, call me paranoid, I wouldn't drive down there in your Z. Have a friend or family member give you a ride...

+1 , they may try and take it back or box you in.........not sure where I have seen this before

07-14-2010, 09:00 PM	#33 (permalink)
Xan A True Z Fanatic Join Date: Jan 2010 Location: MA Posts:99999999999999 Posts: 3,301 Drives: 370Z 40th Aniversary Rep Power: 24	Just make sure you don't go down there and hand them your only copy of your evidence. Because that could be the last time you'll see those papers. Make copies and only hand them a copy... __________________

07-14-2010, 09:04 PM	#34 (permalink)
Zaggeron A True Z Fanatic Join Date: Jan 2010 Location: Austin, TX Posts: 1,951 Drives: '10 370ZR '13 BRZ Rep Power: 18	a couple of phone calls with the credit collection department of a given dealership is not necessarily representative of the dealer in general. On the phone she can't tell what the hell is going on ... somebody either told her or wrote it down somewhere that you owe the money -- you say you don't. This is a dead end. I think you should go down to the dealership and talk to the manager. Show him your purchase papers. Have him tell you the name of the salesman who sold you the car and the finance employee you closed the deal with. Assume it was an honest mistake. Ask the manager to help straighten it out. If at some point the manager says "sorry, we can't help you. You owe the money". Then the negotiation has ended and you pursue other options. __________________ 2010 Platinum Graphite 370z Roadster:Touring/Sport 2013 Subaru BRZ Limited

07-14-2010, 09:50 PM	#40 (permalink)
Zaggeron A True Z Fanatic Join Date: Jan 2010 Location: Austin, TX Posts: 1,951 Drives: '10 370ZR '13 BRZ Rep Power: 18	__________________ 2010 Platinum Graphite 370z Roadster:Touring/Sport 2013 Subaru BRZ Limited

07-15-2010, 12:08 PM	#41 (permalink)
zZSoCalZz Base Member Join Date: May 2010 Location: Los Angeles Posts: 176 Drives: in traffic! Rep Power: 15	So I called them to see if I can go in there and show them my contract... This is what they said. Me: I want to stop by and show you my contract. Dealer: The contract means nothing if you don't have a "paper" receipt. Me: So you're saying it's pointless for me to come in? Dealer: Our records indicate not receiving the down payment so if you want to come in, come in with the money. Me: So you believe your employee's word over mine? Dealer: I didn't say that. I pretty much hung up after that because I didn't want to say anything stupid. Filed complaint on BBB and e-mailed the necessary people. I'll keep you guys posted. __________________ 2009 MB: Stillen G3 Intake // Customized illuminated kickplates frost blue Z //

07-15-2010, 12:26 PM	#43 (permalink)
Zaggeron A True Z Fanatic Join Date: Jan 2010 Location: Austin, TX Posts: 1,951 Drives: '10 370ZR '13 BRZ Rep Power: 18	It hasn't actually gone to collection yet, his conversation was with the dealer's collection department, but I agree in general. OP, if you were talking to the GM on the phone, it sounds like they are a lousy dealership. Did he offer up any proof you owe the money? On the face of it, as others have suggested, the fact that you have the car, financing, and an executed contract that shows you paid a $1000 down payment puts the burden of proof on the dealership to show that some portion of the contract that you were responsible for was not satisfied -- Do they have a signed promissory note for the $1000 dollars that you have no proof was paid? __________________ 2010 Platinum Graphite 370z Roadster:Touring/Sport 2013 Subaru BRZ Limited

07-14-2010, 09:04 PM	#35 (permalink)
junior_jam Base Member Join Date: Sep 2009 Location: NC Posts: 93 Drives: 09 370Z Rep Power: 15	In addition to the BBB, contact your state Attorney General's office. They have plenty of employees in place who deal with stuff like this all the time.

07-14-2010, 09:15 PM	#37 (permalink)
rmorrow Base Member Join Date: Jun 2010 Location: Houston Posts: 79 Drives: 2010 370z Sports MT Rep Power: 14	You might want to consider engaging a better attorney. You have a fully executed purchase contract that shows you made a $1,000 down payment. A good attorney would initiate discovery and subpoena their records if necessary, including all bank deposits. The attorney would also subpoena their policies/procedures for processing cash down payments, including posting the payments to the correct accounts and making the deposits. As far as hitting your credit, the last thing that they want to do is violate the Fair Credit Reporting Act (FCRA). Although businesses do not want excessive complaints posted through the BBB, the BBB does not have much if any clout in dispute resolution. Being a member of the BBB is more of a business marketing tool than anything else. Either they have very poor bookkeeping procedures, or they have a dishonest employee who pocketed the cash rather than turning it over for deposit.

07-14-2010, 09:35 PM	#39 (permalink)
rmorrow Base Member Join Date: Jun 2010 Location: Houston Posts: 79 Drives: 2010 370z Sports MT Rep Power: 14	I agree with making a trip to the dealership first, to try to get this issue worked out. My post was the next step if a visit with the General Manager of the dealership does not resolve it.

07-15-2010, 12:34 PM	#44 (permalink)
Kyle@STILLEN The370Z.com Sponsor Join Date: Dec 2008 Location: Newport Beach Posts: 626 Drives: Toyota Tundra Rep Power: 306	You might still want to go down with the contract showing a $1,000.00 cash deposit was made and explain that, that is your receipt. Also, call me paranoid, I wouldn't drive down there in your Z. Have a friend or family member give you a ride...

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