07-15-2010, 02:00 PM
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#11 (permalink)
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A True Z Fanatic
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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.
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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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