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View Full Version : Anyone Work for a Car Dealer?


manchambo
07-23-2012, 09:53 PM
I've got a strange situation. A little over a month ago I leased a new car, trading the old one. A few weeks later, my wife gets a letter saying that her car has been paid off. We look on line and mine has not been paid off. I call the finance manager, he looks into it and says that sure enough they paid off the wrong one. He doesn't really explain how they could pay off a different make, model, type, color and vin, not to mention that the pay off was substantially less than the car I traded. Anyway, he says there will be no problem fixing it, should be done within 72 hrs. About two weeks pass, we hear nothing back from him but check online and my wife's car is still paid off and mine isn't. I called the finance manager Friday but still haven't heard back.

Now something seems very fishy in all this but I can't figure out what sort of game they could be playing. Obviously they couldn't get away in the long run with paying off the wrong car, and why would they want to? Any thoughts would be appreciated.

Beantown Bronco
07-24-2012, 04:43 AM
How on Earth did the dealership even get the necessary info to pay off your wife's car? They'd both have to be in your name and financed through the same exact bank, same wire info, etc.

gto2005
07-24-2012, 06:40 AM
This is a very serious issue. I would recommend that you contact the General Manager at the dealership and let him know that you need a personal call back immediately or you are going to report him to the states attorney generals office for finance fraud. Once you get him/her on the phone you need notify that person that if this is not fixed immediately you will report them to the authorities for fraud. I would also get the general managers email and send the same message in writing via email.

I would also contact the finance companies for your wifes car and your car that you traded in and let them know what has happened and let them know that it was the auto dealer that is at fault.

If you don't get this fixed go to the states attorney general, your local sherriffs department and the manufacturer consumer relations and report to them what has happened.

Bottom line, if this dealership goes out of business you may be on the hook for still paying off the remaining balance of your vehicle you traded in.

This could be an honest mistake or they could be doing this to more than just you because they are running out of cash and are close to going broke. You are better off protecting yourself

Boobs McGee
07-24-2012, 06:50 AM
Were both cars in your name? Or through the same bank? The trade documentation SHOULD have all of the dealership needed for an exact ten day payoff from whichever lending institution held the title of your vehicle. I'm a an auto broker, so please pm me if you have any questions. Sounds kind of fishy to me.

DenverBroncosJM
07-24-2012, 08:04 AM
Do not cancel the insurance on the car you traded in. Keep it insured until this gets fixed. Make the dealership pay you back for the increased premium.

Boobs McGee
07-24-2012, 08:06 AM
Ok, just got to work and am reading over your post again.

I agree with GTO wholeheartedly, it's a VERY serious issue. There are only a few ways they could have "legally" gotten her information and screwed up the payoff.

1. She filled out a joint credit application with you on the new lease, and saw her loan on HER credit report.

2. You co-signed on her car initially, and it's on YOUR report.

3. You had both of your cars at the same bank (under the same account), and they pulled it that way.


Other than that, there is no way they could (or should) have had access to her account information. Whenever you call a lending institution to get a 10 day payoff (in a trade situation, you're paying off the lienholder so that the title can be transferred to the dealership through the state), they require either a Social Security Number or an account number, as well as the customer's information and the vehicle information. Unless you guys had the exact same year make and model, it's highly unlikely that they could've flubbed that up.

First thing I'd do is go back through your paperwork, look at the "dealers bill of sale" and the "power of attorney for a motor vehicle" forms. Both of them are carbon copies, and the latter of the two will be your trade documentation. Make sure that document has the vin and exact mileage from YOUR trade. If it's different, and you signed it, there could be some problems.

Lemme know

Conklin
07-24-2012, 08:40 AM
call the GM immediately, also a quick call to the new vehicle's manufacturer's finance customer service line will definitely light a spark under the dealerships ass

Garcia Bronco
07-24-2012, 08:53 AM
Good luck. They should have handled it that day. I just don't understand people and their unwellingness to make up for their mistakes. It's so effing stupid. We know you blew it, do the right thing and set it right.

Gutless Drunk
07-24-2012, 08:53 AM
File a complaint with the Car Dealer Licensing Board in your respective state:

http://www.dmv.org/buy-sell/car-dealers/

baja
07-24-2012, 08:59 AM
Someone is going to have to pay late penalties and than there is the issue of your credit rating. Good luck fixing that.

Bigloco
07-24-2012, 09:02 AM
What's the dealership (if its in Colorado)?

Garcia Bronco
07-24-2012, 09:27 AM
Give me the number of the car dealership and the name of a local paper and and a reporter that works there. :)

"Hi, we're running a story about consumer fraud in the local community and we have reports of "this". Do you have any comment before we mention your business in our story?"

manchambo
07-24-2012, 09:39 AM
Thanks for all the responses. They confirm that I'm not being paranoid and I should get aggressive with this. I am an attorney, so there will definitely be a letter to the gm going out on firm letterhead tomorrow (unfortunatunately I'm traveling today-been traveling a ton so I haven't been n top of this as I should).

In answer to the questions: the trade was in my name, my wife's car was in both our names, and the lease is in both. So, based on the above, it seems they had the info necessary to pull her car, though is still don't see how they could confuse it that badly. It's an suv and mine was a coup, not to mention different make, color etc.

I prefer at this point not to name the dealer in the hope that this is an honest mistake or incompetence. I will say that it is a very reputable luxury dealership, definitely not the kind of place you'd expect shenanigans like this.

Rabb
07-24-2012, 09:45 AM
http://postnewsads.com/scott/busgrowtop.jpg

ghwk
07-24-2012, 10:20 AM
Thanks for all the responses. They confirm that I'm not being paranoid and I should get aggressive with this. I am an attorney, so there will definitely be a letter to the gm going out on firm letterhead tomorrow (unfortunatunately I'm traveling today-been traveling a ton so I haven't been n top of this as I should).

In answer to the questions: the trade was in my name, my wife's car was in both our names, and the lease is in both. So, based on the above, it seems they had the info necessary to pull her car, though is still don't see how they could confuse it that badly. It's an suv and mine was a coup, not to mention different make, color etc.

I prefer at this point not to name the dealer in the hope that this is an honest mistake or incompetence. I will say that it is a very reputable luxury dealership, definitely not the kind of place you'd expect shenanigans like this.

Just a caution on this assumption, a friend of mine bought a very high end car from a luxury dealer only to find out the dealer was in bankruptcy and the car wasn't the dealers to sell at that point. He lost the car, got almost none of his money back and the dealer went to jail.

Bronco Boy
07-24-2012, 10:28 AM
You're an attorney and you're posting this legal question on a sports message board?

baja
07-24-2012, 10:33 AM
You're an attorney and you're posting this legal question on a sports message board?

Maybe he's a personal injury lawyer?

RhymesayersDU
07-24-2012, 10:36 AM
He was posting a question about a car purchase, not a law question.

baja
07-24-2012, 10:40 AM
He was posting a question about a car purchase, not a law question.

If they paid off the wrong car even a hairdresser would know they got a problem that demands immediate attention.

Boobs McGee
07-24-2012, 10:46 AM
Thanks for all the responses. They confirm that I'm not being paranoid and I should get aggressive with this. I am an attorney, so there will definitely be a letter to the gm going out on firm letterhead tomorrow (unfortunatunately I'm traveling today-been traveling a ton so I haven't been n top of this as I should).

In answer to the questions: the trade was in my name, my wife's car was in both our names, and the lease is in both. So, based on the above, it seems they had the info necessary to pull her car, though is still don't see how they could confuse it that badly. It's an suv and mine was a coup, not to mention different make, color etc.

I prefer at this point not to name the dealer in the hope that this is an honest mistake or incompetence. I will say that it is a very reputable luxury dealership, definitely not the kind of place you'd expect shenanigans like this.


It sounds like they had access to all of the information they would've needed (since your name was on the car). There's a VERY slim chance for error, which they SHOULD recognize and fix once you talk with them. As far as your car goes, depending on when your payment was due, you have a 30 day window before it starts reporting negatively on your credit.

First thing I would do, is go through your paperwork that they shouldve given you on the new lease. Look for the Power of Attorney copy, and MAKE SURE it has the car you "thought" that you traded in's information. Vin, make, model, exact mileage. See if you signed it. Check through allll of the paperwork and see if ANY of your wife's vehicle's info is on there. And get on the horn with the dealership as quickly as you can.

Tombstone RJ
07-24-2012, 10:48 AM
Threaten them with a major lawsuit too. Fuggit. You're a lawyer.

manchambo
07-24-2012, 04:18 PM
If they paid off the wrong car even a hairdresser would know they got a problem that demands immediate attention.

I was certainly aware that I could sue them for what they did, but wanted to understand the workings of a car dealership. I don't practice trade-in pay off law. I try to focus on more lucrative areas.

manchambo
07-24-2012, 04:21 PM
OK, I called the gm and got an immediate response. They're overnighting a payoff of the actual trade in tonight. He was extremely embarrassed and apologetic.

Still no real explanation of why it happened or why it wasn't fixed when I first brought it to the finance manager's attention. But it looks like it will be fixed.

baja
07-24-2012, 04:22 PM
I was certainly aware that I could sue them for what they did, but wanted to understand the workings of a car dealership. I don't practice trade-in pay off law. I try to focus on more lucrative areas.

I sure you do but letting two weeks go by without saying anything and coming here for advise makes one wonder how you passed the bar exam.

manchambo
07-24-2012, 04:24 PM
I sure you do but letting two weeks go by without saying anything and coming here for advise makes one wonder how you passed the bar exam.

You mean not doing anything about it except immediately contacting the dealer, who told me they would fix it right away?

baja
07-24-2012, 04:27 PM
You mean not doing anything about it except immediately contacting the dealer, who told me they would fix it right away?

and then waiting two weeks without a response.... But I glad you got it resolved ;D

baja
07-24-2012, 04:28 PM
Now I suggest you pull a credit report on yourself.

manchambo
07-24-2012, 04:34 PM
and then waiting two weeks without a response.... But I glad you got it resolved ;D

I didn't wait two weeks without a response. He said it would be fixed in a few days, I checked about a week after it should have been fixed and it wasn't.

baja
07-24-2012, 04:37 PM
A few days + a week - much better.

Like I said I'm glad you got it worked out but seriously I would pull a credit check.

Boobs McGee
07-24-2012, 05:52 PM
Manchambo, glad to hear it got fixed. Don't know how they screwed it up in the first place, but keep an eye on it with your bank to make sure. A lot of times, even with the payoff, it'll still take the lienholder a few days to process any kind of payment to the account. Depending on how long it's been since your payment was due, you may start getting calls from that financial institution with more regularity. They're looking for a payment to post, but someone who has NO information regarding the mixup will just see it as a "late payment" and keep hounding you. Just keep an eye on it!

Tombstone RJ
07-24-2012, 06:37 PM
as your lawyer, I advise you to cut the top off your new leased car. Rag top the bad boy.

manchambo
07-24-2012, 08:51 PM
as your lawyer, I advise you to cut the top off your new leased car. Rag top the bad boy.

As my lawyer, I think you're required to supply a briefcase full of mescaline and other goodies.

Vegas_Bronco
07-24-2012, 09:40 PM
When you need justice....come to the orangemane..the heavyhitter. Gotta love those legal commercials on the local level.