Dealer Scam? Need advise.

spinhead · 07-15-2010, 01:39 PM

Quote:

Originally Posted by FuszNissan

It happens all the time.

You make a deal with let's say 1000 down. All the numbers get punched into the computer, the loan is processed, the paper work is printed you sign the loan contract with the the dealer (which says 1000 deposit made on the contract) customer is excited, you go over the car, customer leaves. F&I manager forgot to collect the 1000 deposit. No receipt was made for deposit.(so the 1000 was not collected) Now the dealer is short the 1000, but the bank contract shows it was apart of the deal. It happens all the time!

Even if that were the case, I think it still leaves the burden on the dealership to prove that he did not pay. Their own fault for letting him leave without paying. Just like with a disputed credit card charge, the burden is on the retailer to show signature proof that the purchase was made (or some kind of proof, like delivery confirmation to the person in question).

shadoquad · 07-15-2010, 01:41 PM

Quote:

Originally Posted by spinhead

Even if that were the case, I think it still leaves the burden on the dealership to prove that he did not pay. Their own fault for letting him leave without paying. Just like with a disputed credit card charge, the burden is on the retailer to show signature proof that the purchase was made (or some kind of proof, like delivery confirmation to the person in question).

But that's the difference with a cash transaction. The burden is on the consumer to hold on to their receipt as proof of purchase.

Zaggeron · 07-15-2010, 01:58 PM

Quote:

Originally Posted by shadoquad

But that's the difference with a cash transaction. The burden is on the consumer to hold on to their receipt as proof of purchase.

Actually, there is no such burden on a consumer to keep receipts for purchases. Taking delivery of an item where there is no further documentation that additional moneys are owed -- like a promissory note -- is prima facia evidence that the item was paid for in full.

The dealer may be able to mitagate that prima facia evidence by showing circumstances that make it likely the money wasn't paid -- F&I guy specifically remembers he didn't get the money, the books for that night show $1000 short, evidence of a timely phone call or correspondence by the F&I guy or general manager to the effect that "sorry to bother you, but in the rush we forgot to get your deposit".

But, we don't know if the OP's dealer has any of that evidence. According the the OP he got a cold call from the collection department at the dealership months later saying he owed the money.

shadoquad · 07-15-2010, 02:00 PM

Quote:

Originally Posted by Zaggeron

Actually, there is no such burden on a consumer to keep receipts for purchases. Taking delivery of an item where there is no further documentation that additional moneys are owed -- like a promissory note -- is prima facia evidence that the item was paid for in full.

The dealer may be able to mitagate that prima facia evidence by showing circumstances that make it likely the money wasn't paid -- F&I guy specifically remembers he didn't get the money, the books for that night show $1000 short, evidence of a timely phone call or correspondence by the F&I guy or general manager to the effect that "sorry to bother you, but in the rush we forgot to get your deposit".

But, we don't know if the OP's dealer has any of that evidence. According the the OP he got a cold call from the collection department at the dealership months later saying he owed the money.

hmm. ok. But paying with most other methods would have made this more cut and dried. A check or credit card involves a third party who can verify or refute the claim from their records. Makes it a lot easier to prove one way or another.

Zaggeron · 07-15-2010, 02:03 PM

Quote:

Originally Posted by shadoquad

hmm. ok. But paying with most other methods would have made this more cut and dried. A check or credit card involves a third party who can verify or refute the claim from their records. Makes it a lot easier to prove one way or another.

Quite right.

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