Need Advice- Is this illegal?
Well, it's 4 am and I can't sleep. I am really annoyed by a recent event, and wondered if you girls could help give me some ideas. Back on the 14th of December my husband traded his sports car which seated four for a bigger car since I am expecting twins and we already have a 3.5 year old. We signed all the paperwork, drove the car home, and were awaiting the license plates/ect. Well, my husband left for Peru on Dec. 19th for an extended stay because his mother who lives there is very sick and he was able to get some time off to help her. So, he is coming home on Jan. 27th. Well, the dealership sent a tow truck to the house yesterday and started to tow the car away- Mind you there have been no phone calls to our home number on caller I.D. and no messages at all, and no letters either- the only thing I received in the mail was a welcome letter and a thanks clear back in December. I ran out there because I heard the truck and told the driver that he was stealing our car, because his orders (Which I have) were that the car had "broken down" and needed to be towed back to the dealership. I told him if he took it he was stealing and I would contact the police. He called his company who in turn had him call the dealership.
After a few minutes the general manager called me back and said that he had called my husband's boss who said that he would not be bac****il the 27th, and he did not know if the car was insured or not and wanted to keep it alongside our old one at the dealership because the original financing fell through and he needed to resign the paperwork. He also claimed that he called last Thursday at our home number, while telling me that he had driven by, seen that a lot of snow was on the driveway and assumed that we were all in Peru. Personally I think he never called here nor did he send anything. I got mad and said well, what would have happened if we had come home from a vacation and you had taken that car? I would have called the police. It was only by chance that I was home and heard the tow truck and went outside. Otherwise I would have assumed that someone stole the car and called the authorities to report it. The payment for the old car was still deducted from our account for December, so essentially he would have stolen whichever car could be deemed "legally" ours without telling us anything about it because my husband's boss said that he was out of the country and he assumed that no one would answer at home. Well, I got really mad and the general manager was putting on a show about 'having tried blah blah blah."
After thinking about it all night I really feel that he was doing something that was not honest. I am supposed to go there this afternoon so they can prepare the new finance docs and send them to Peru to have them signed- but I am really upset. I plan on contacting the phone company- I find it hard to believe that numerous calls did not show up on caller id, as their two calls showed up on caller id just fine yesterday after I had contacted them. But I wondered if there were any agencies I could contact to complain- I can't really afford a lawsuit, although I think I probably could especially if the phone company can prove that they did not call and I took the order that the dealership sent to have the car towed, which they did not tow after I talked to them, and they did have our insurance information and could have easily seen that the car was added to the policy back in December. What should I do because this has really mad me mad! I want there to be some consequences for their behavior. Thanks for getting through this long story!
Carrie
After a few minutes the general manager called me back and said that he had called my husband's boss who said that he would not be bac****il the 27th, and he did not know if the car was insured or not and wanted to keep it alongside our old one at the dealership because the original financing fell through and he needed to resign the paperwork. He also claimed that he called last Thursday at our home number, while telling me that he had driven by, seen that a lot of snow was on the driveway and assumed that we were all in Peru. Personally I think he never called here nor did he send anything. I got mad and said well, what would have happened if we had come home from a vacation and you had taken that car? I would have called the police. It was only by chance that I was home and heard the tow truck and went outside. Otherwise I would have assumed that someone stole the car and called the authorities to report it. The payment for the old car was still deducted from our account for December, so essentially he would have stolen whichever car could be deemed "legally" ours without telling us anything about it because my husband's boss said that he was out of the country and he assumed that no one would answer at home. Well, I got really mad and the general manager was putting on a show about 'having tried blah blah blah."
After thinking about it all night I really feel that he was doing something that was not honest. I am supposed to go there this afternoon so they can prepare the new finance docs and send them to Peru to have them signed- but I am really upset. I plan on contacting the phone company- I find it hard to believe that numerous calls did not show up on caller id, as their two calls showed up on caller id just fine yesterday after I had contacted them. But I wondered if there were any agencies I could contact to complain- I can't really afford a lawsuit, although I think I probably could especially if the phone company can prove that they did not call and I took the order that the dealership sent to have the car towed, which they did not tow after I talked to them, and they did have our insurance information and could have easily seen that the car was added to the policy back in December. What should I do because this has really mad me mad! I want there to be some consequences for their behavior. Thanks for getting through this long story!
Carrie
Regardless of the insurance issue, if there is no financing on the current new vehicle they could have taken it back.
However, it's not your problem that they were unable to secure financing. So they would have to immediately return your old vehicle to you as they have no right to hold it.
It sounds like the dealership is running a scam and it sounds like they have done it before. My advice (and I'm not an attorney so just take it for what it's worth) is to return the new vehicle to them and demand your old car back and do business elsewhere. Since no financing is in place, you have no contract with these people. They have no claim to your old car and you have no claim to the car you are driving.
However, it's not your problem that they were unable to secure financing. So they would have to immediately return your old vehicle to you as they have no right to hold it.
It sounds like the dealership is running a scam and it sounds like they have done it before. My advice (and I'm not an attorney so just take it for what it's worth) is to return the new vehicle to them and demand your old car back and do business elsewhere. Since no financing is in place, you have no contract with these people. They have no claim to your old car and you have no claim to the car you are driving.
I agree with the previous poster. I would get your old car back and get a new car somewhere else. I worked in the car business for 4 years and I have never heard of this happening. It sounds really sketchy. They should have never given the new car to you without knowing the financing was all set and that is their fault. It also sounds like they never called even though they said they did. Maybe you can get an attorney on a contingency plan where they only get paid if you do. Regardless, I would say go somewhere else to do business.
Tina
Mommy to 2 of the most beauiful little girls in the whole universe and still in love with my hubby of 8 years. LIFE IS GOOD!
I agree with the others, but if you REALLY like the car, sometimes telling them, saying that you take your old car back WILL make them really move! Heck, at the very least, at least get the next years worth of oil changes out of them, and/or detailing, and maybe an additional $1000, or $2000 off of the new car since you now have to redo the financing!
We had all kinds of problems with the dealership when we bought our new car this last summer, and they KNEW we were prepared to walk. They started off offering us a low ball offer on our trade, by the time we were done, they had came up from $6100 to $9000! and called the owner at home! At one time, we were walking out to the car to move car seats, because we were tired of waiting, and were going to walk. They expected us to wait with a newborn for 3 hours to talk to the finance guy when they could have just called us to come down (we were a 5 minute drive away). It was the cash for clunker craze!
Bottom line is: If the dealer knows you are prepared to walk---and go elsewhere----he will do what he can to keep you!!!!!!
Debbie
We had all kinds of problems with the dealership when we bought our new car this last summer, and they KNEW we were prepared to walk. They started off offering us a low ball offer on our trade, by the time we were done, they had came up from $6100 to $9000! and called the owner at home! At one time, we were walking out to the car to move car seats, because we were tired of waiting, and were going to walk. They expected us to wait with a newborn for 3 hours to talk to the finance guy when they could have just called us to come down (we were a 5 minute drive away). It was the cash for clunker craze!
Bottom line is: If the dealer knows you are prepared to walk---and go elsewhere----he will do what he can to keep you!!!!!!
Debbie
Everyone seems to be on track here. I would not want to do business with a shady dealership like this. I would definitely look somewhere else. In addition to the BBB as someone suggested, try the Consumer protection division of the attorney general's office in your state. They take complaints and investigate businesses that are acting fraudulently, maybe they have already received complaints on this company.
336lbs 6/19/06 - 198 lbs - 6/19/10 
138 lbs gone forever!!!
We have our miracle: Jakob Makhi born 4-15-10; 4 lbs. 10 oz. 22" long.
You really need to be careful. My friends dad bought a truck about 2 years ago. Just about 2 months ago there was a couple guys that showed up with what looked like ligit paperwork and a flatbed saying that they were there to repo the truck! Needless to say he knew better, because the payments are made on time or early evey month. He then took matters into his own hands and told them he would shoot them if they did not get off his property!(he is a Vietnam Vet)So he called the police and they informed him that there are people that are going around stealing cars that way, and not getting caught because some people do not turn them in believing it was a repo.
Good Job for putting up a fight on that one. You never know if they are ligit or not these days! there are so many people getting taken advantage of.
Good Job for putting up a fight on that one. You never know if they are ligit or not these days! there are so many people getting taken advantage of.
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