Dealer Scam? Need advise.
 

I need some advise.

I bought my car back in April of this year. 1000.00 cash downpayment, contract signed and good to go right?

Not so fast... I received a letter about a week ago from the dealer collection department claiming that I still owed the 1000.00 downpayment. Furious as hell I called the number on the letter. A lady answered.

Lady: How did you pay?
Me: Cash.
Lady: Do you have a receipt?
Me: I didn't know I was supposed to have a receipt.
Lady: I'll look into it and call you back.
Me: Sure.

Then I get a call from the dealer saying that they never received the payment and it's overdue and it needs to be taken care of right away. I told them you must be crazy. I'm not paying additional 1000.00! He said we'll see you in court then and hung up...

I re-read the contract and in the line where it said Downpayment it clearly states "$1000.00 cash". And the total invoice was deducted 1000.00. I just spoke to a lawyer and he said they (dealer) will probably take me to small claims court in which case he cannot represent me.

What should I do???

Learn not to deal in cash with large amounts?

Always get a receipt for any payment?

If you have paper work from the dealer saying you paid the $1000 down payment go to the dealer and show them. If they still don't belive their own paperwork, I guess you'll be seeing them in court. In your contract that saying you paid $1000 that would act a recipt in this case. But for future reference, always get a recipt. Never know whos out to screw you

The thing is I went to go pick up the car near closing time and was kinda rushed.... They forgot my owners manual and almost forgot my temporary registeration. I think the person who took my cash "pocketed" it and is trying to screw me over since he knew he didn't give me a receipt?

So the contract should be good right?

Man that sucks, do what fullmonty says and take your paperwork down and see if you can straighten it out. It's been like three months, they are probably idiots, maybe they lost their own paperwork who knows. If it doesn't go well, then show up in court and fight it, it's your word against theirs. Why would the dealer let you have the car in the first place if they didn't take your 1k cash at signing? Doesn't make sense. Finally, let us know what dealer it is so others don't have to go through the same nightmare.

Going to call the dealer after work...

San Bernardino Nissan.

I will keep you guys posted. This really does suck.

Buy from me next time.

Just kidding, go to the dealer and work something out.

I would've if I knew about this forum prior to my purchase..

Yeah I'm gonna call them after work.

Just make sure you keep your cool when your there and not say anything incriminating/threating like "I'm going to run you over with my Z tonight after you get off work".

Try to keep that to yourself :).

I will keep that in mind. :tup:

Let us know how it goes. But ya if that contract says you made a $1000 down payment, then you are golden. Even if they a stupid enough to go to court over it they will lose.

Thanks.. Good to know I have something to prove in case it ends up going to court.

I will definitely keep you all posted.

If they take you to court, I'd be counter-suing for my time and effort to defend myself!!! I don't know if it would stick or not, but that's B.S. if they sue you.

Hmm... That's not a bad idea. Well we'll see how "far" it goes.

i would think your contract would hold up.
but when i bought mine i also paid an extra 1000.00 down but it was with a check but they gave a reciept . hell the check was even post dated 10 days out and they took it. but it was the 3rd car i bought there. good luck

Unfortunately unless you get it straightened out with the dealer, it's more or less a "lose/lose" situation for you *unless* they take you to court. If they don't take you to court, they will probably just send the payment request to a collection agency. You can dispute it, but if the dealer insists they didn't receive payment, it won't be resolved and will show up on your credit report.

:iagree: sue there *** for wasting your time and making you stressed over it, ask your lawyer and see what he will tell you if you can sue them back, after all you got the paperwork that said they received the $1000, does it have any of the morons signature who sold you the car?

Yeah I think there's a signature. I'd have to double check but yeah. Need to go see a lawyer. But lets see what the dealer does.

Even if I prove to them that the payment was made it will show up on my credit report? Proof with the contract of course. My credit is near perfect... Dayam! this is starting to piss me off more and more.

I went through this when I left my old apartment. The apartment claimed I owed money for back water bills. I showed them my lease that specifically showed water included. They said "sorry our books show you owe the money" and sent me to collection. I disputed it, and sent the collection company what I believed to be sufficient proof that I didn't owe the money -- including documentation that showed the apartment bookkeeping was in error. The collection company simply said I had to work it out with the apartment. It went on my credit report as a disputed claim -- disputed, but it still counts against you

just wondering if dealer turned in all the paper work for the title and such
and you have your tags and everything that is needed for your state.
sounds to me like its a done deal.

WTFunk??? really? This really sucks... Let me guess the only way to resolve the matter is to pay the collection company? Then I will seriously consider suing them.

Yeah.. I just received the plates and tags couple days ago.

I hope so.

I'm not trying to panic you. You best bet for the best resolution is to talk with the dealer and get it resolved there. Remind them how the hell (without using those words :)) they let you drive out of there without paying your down payment.

Edit: If the dealer is reluctant to resolve this, file a report with the Better Business Bureau. Keep a record of all your interactions with the dealership

Thanks. Gonna call the dealer now.

Make a complaint against the dealer thru BBB!!!!
They don't like BBB to get involve because there rating as a business will go down I they will settle if you are right and have the evidence.

I just went thru a similar situation for an amount of about $12,000 that Toyota claimed I owe them(long story). We settled everything using BBB and my credit score was clear.

You will see the results within a few days, no cost to you!

You have the proof of the amount in the paperwork. Also you can PM me for Nissan North America customer service email.

Thanks I will report now.

Also PMing now.

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.

Around here you can sue, in small claims court (i.e., low court cost), for treble damages if you can prove fraud. Having a signed sales agreement indicating you paid your 1k and being told that there is no record sounds like fraud to me.

Just filed complaint on BBB.

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?

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

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...

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.

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.

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

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.

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.

:tup: