Dealer Scam? Need advise.

zZSoCalZz · 07-14-2010, 05:21 PM

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???

wilsonp · 07-14-2010, 05:25 PM

Learn not to deal in cash with large amounts?

Always get a receipt for any payment?

fullmonty · 07-14-2010, 05:27 PM

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

zZSoCalZz · 07-14-2010, 05:31 PM

Quote:

Originally Posted by fullmonty

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?

Joseph B · 07-14-2010, 05:31 PM

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.

zZSoCalZz · 07-14-2010, 05:33 PM

Quote:

Originally Posted by Joseph B

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.

elmz · 07-15-2010, 02:41 PM

Quote:

Originally Posted by Joseph B

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!

Zaggeron · 07-15-2010, 02:47 PM

Quote:

Originally Posted by elmz

+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!

Yes. If this were a run-of-the mill "in the excitement we forgot to get his down payment" situation, the OP would have received a call from the dealership the next day saying "oops". The paper trail would have started there. The fact that it started 3 months later is suspect

FuszNissan · 07-14-2010, 05:33 PM

Buy from me next time.

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

zZSoCalZz · 07-14-2010, 05:36 PM

Quote:

Originally Posted by FuszNissan

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.

fullmonty · 07-14-2010, 05:40 PM

Quote:

Originally Posted by zZSoCalZz

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

Yeah I'm gonna call them after work.

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.

zZSoCalZz · 07-14-2010, 05:43 PM

Quote:

Originally Posted by fullmonty

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.

Joseph B · 07-14-2010, 05:37 PM

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

.

zZSoCalZz · 07-14-2010, 05:39 PM

Quote:

Originally Posted by Joseph B

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.

Lt. Dan · 07-14-2010, 06:48 PM

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.

07-14-2010, 05:21 PM	#1 (permalink)
zZSoCalZz Base Member Join Date: May 2010 Location: Los Angeles Posts: 176 Drives: in traffic! Rep Power: 15	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??? __________________ 2009 MB: Stillen G3 Intake // Customized illuminated kickplates frost blue Z //

07-14-2010, 05:27 PM	#3 (permalink)
fullmonty A True Z Fanatic Join Date: Nov 2009 Location: Dirty Jersey Posts: 7,762 Drives: 370 Touring/Sport Rep Power: 34	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 __________________

07-14-2010, 05:33 PM	#9 (permalink)
FuszNissan A True Z Fanatic Join Date: May 2009 Location: St. Louis Posts: 14,275 Drives: Pure Sex Rep Power: 542	Buy from me next time. Just kidding, go to the dealer and work something out. __________________ Mods: Too Many to list! LouFuszNissan ZDAYZ 2012

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07-14-2010, 05:25 PM	#2 (permalink)
wilsonp A True Z Fanatic Join Date: Jul 2010 Location: Virginia Posts: 1,134 Drives: 2009 Touring Sp Nav Rep Power: 17	Learn not to deal in cash with large amounts? Always get a receipt for any payment?

07-14-2010, 05:31 PM	#5 (permalink)
Joseph B Base Member Join Date: Jan 2010 Location: Woodinville WA Posts: 160 Drives: '10 Nismo 370Z Rep Power: 16	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.

07-14-2010, 05:37 PM	#13 (permalink)
Joseph B Base Member Join Date: Jan 2010 Location: Woodinville WA Posts: 160 Drives: '10 Nismo 370Z Rep Power: 16	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 .

07-14-2010, 06:48 PM	#15 (permalink)
Lt. Dan Base Member Join Date: May 2010 Location: Manassas, VA Posts: 28 Drives: all sorts of Nissans Rep Power: 15	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.