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Dealer Scam? Need advise.

I think this is a simple situation that a peanut butter and jelly sandwich should clear up nicely. Now that I think about it, when I put 10,000 cash down

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Old 07-15-2010, 02:53 PM   #61 (permalink)
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I think this is a simple situation that a peanut butter and jelly sandwich should clear up nicely.

Now that I think about it, when I put 10,000 cash down on mine, I can't for the life of me remember if I got a reciept at the time. That would suuuuck if they called foul on that amount..lol!
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Old 07-15-2010, 02:58 PM   #62 (permalink)
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My last F&I Manager forgot to collect a down payment once. I stress "once" because he was let go within the next couple of days.


Quote:
Originally Posted by FuszNissan View Post
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!
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Old 07-15-2010, 02:58 PM   #63 (permalink)
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Originally Posted by shadoquad View Post
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.
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Old 07-15-2010, 03:00 PM   #64 (permalink)
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Quote:
Originally Posted by Zaggeron View Post
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.
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Old 07-15-2010, 03:02 PM   #65 (permalink)
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^^You are right. We have no idea really what is going on.

It will really come down to how they handle there policies and procedures on taking deposits.

If I have receipts for 99.99999% of my transactions, because that is our policy and we are missing one deposit and don't have a receipt for said deposit, and neither does the customer, who do you think will win???

I honestly wonder how this is going to play out.
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Old 07-15-2010, 03:03 PM   #66 (permalink)
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Quote:
Originally Posted by shadoquad View Post
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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Old 07-15-2010, 03:05 PM   #67 (permalink)
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It's going to come down to the dealers practice on handling deposits in my mind. If the dealer had receipts for only half their deposits his done in court.
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Old 07-15-2010, 03:24 PM   #68 (permalink)
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I'm giving the OP the benefit of the doubt. The dealer sounds fishy in this case. Someone just bought a 30k automobile, you forgot to get his deposit. And furthermore you forget that you forgot his deposit (or just couldn't be bothered to call him up) and it is assigned to a credit collector for the dealership months later...
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Old 07-15-2010, 03:28 PM   #69 (permalink)
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Quote:
Originally Posted by Zaggeron View Post
That maybe right, but the reverse is true as well -- the contract is not proof he owes the money. The OP has the car, title (finance company has that actually), registered in his name, etc. I think the burden of proof would be for the dealership to show he owes the money.
The contract is not proof he owes the money sure. But the contract is promise that the customer will pay - so the customer is liable, and in this thread's case, with no proof he paid.

PS: I recorded my entire deal on the cellphone as backup. p h a c k stealerships.
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Old 07-15-2010, 03:32 PM   #70 (permalink)
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LOL... new twist.. I doubt that the OP is making it up, but hey its 3.30pm and the boss is out.

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Old 07-15-2010, 03:32 PM   #71 (permalink)
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When I bought my car, I put 7k (or 9k) down. I had a large amount of it in cash, and the rest I put on my debit card. The told me that I had 14 days to give the whole amount, if I needed. The contract shows the down payment, the receipt shows the proof it's paid.

I got 2 receipts, one for the cash...one for the debit.

I hope it doesn't end up being an expensive lesson, but you really should always get a receipt. It become even more important when it's cash, as there is no transaction recorded anywhere else.
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Old 07-15-2010, 03:34 PM   #72 (permalink)
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Maybe the dealership "forgets" in bulk selling cars, I would say (I bought from Smithtown Niassn they say they're the 2nd largest) even the biggest Nissan dealers don't really sell Z's that often... it can't be that they slacked off.

I will certainly not buy that "because it was getting late , they forgot". . . they MAKE it get late so they can rush u into high pressure situations and make you walk out with the car ASAP so you don't change ur mind.
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Old 07-15-2010, 03:35 PM   #73 (permalink)
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Quote:
Originally Posted by Zaggeron View Post
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?
They have no such thing. Well at least not one signed by me.

Quote:
Originally Posted by Kyle@STILLEN View Post
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...
Thanks for the tip but at this point I'm losing all patience and am really considering legal action myself.
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Old 07-15-2010, 03:37 PM   #74 (permalink)
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It will cost you more than $1000 to recover your $1000.. the dealership knows this too.
You must be young, they must've seen you're inexperienced and excited, you must've gone alone while signing... they're putting you in pressure. My opinion.
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Old 07-15-2010, 03:41 PM   #75 (permalink)
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Quote:
Originally Posted by Joseph B View Post
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.
+1 This is good advice. If you end up going to court keep this in mind, along with your contract (which they wrote up) showing the $1000 cash as part of the agreement. Also express why 3 months later this is all of sudden turning up? This will show how un-organized they are and how it is very possible they screwed up the paperworks and anything else for that matter. Good luck man!
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