Auto dealer FRAUD help?

Discussion in 'Fibromyalgia Main Forum' started by quanked, Feb 13, 2010.

  1. quanked

    quanked Member

    I am hestitant to post this but I am cracking under the stress of this problem. I hardly have enough energy to deal with the mundane day to day stuff much less this outrageous car person.

    My husband needed to sell his fairly new vehicle or return it to the lien holder. A local used car dealer offered to pay it off and gave him several hundred dollars. He agreed to have the credit company paid in full within a couple of weeks. Well this was back in October. My husband has been dealing with this company now for about 4 months. The man makes some payments but does not pay the balance off as he promises to each time my husband speaks with him. Week before last I called an auto dealer association company that has been around for a long time. This company we are dealing with belongs to this association. The woman I spoke with took my information and called the dealer. The dealer called me about 10 minutes later stating that he had sent out a check for the balance owed to the credit company. He lied. He did not pay it off. He sent in a couple of thousand dollars but he did not pay it off.

    I went online and googled auto dealer fraud but came up with nothing for this kind of scenario. Usually the fraud is about the dealer selling a customer a bill of goods.

    We can report the vehicle stolen. And most likely will but I am not sure what kind of problems will grow out of this. My husband and I assume that he is scamming the person who bought the vehicle from this dealer as my husband is still the legal owner along with the credit company.

    Anyone here ever heard of such a situation? Any ideas on how to proceed or what to watch out for? I will file a fraud complaint with the department of justice and I will make negative reports anywhere I can but in the end I just do not want to deal with this. The old me would have had a blast with this situation but the new cfids person (not so new anymore) just wants to cry.

    My fears are--that who ever has the truck has run up the miles on the vehicle--may have damage the vehicle--may be using the vehicle for illegal activities, etc. The vehicle was booked for nearly $7,000.00 more than what was owed against it but that could have been driven out of it by now.

    Thanks in advance for any responses.
  2. JLH

    JLH New Member

    The first thing you need to do is contact a lawyer. If you can not afford one, look in your yellow pages and see if any of them advertise that they will talk with you for free, because some do.

    Or contact a legal aid lawyer. Maybe your local court house can help you with some leads on who to call--you know that they have to know who the legal aid lawyers in town are--or maybe they can give you the names of some lawyers who will take on "pro bono" (free) cases.

    I would doubt that you could report the car stolen, because it wasn't really stolen--you sold it to the used car dealer under good faith--he is just not following through with his end of the deal.

    I hope you received a signed agreement or contract from the used car dealer that you made this deal with. A lawyer, and later a judge, will need it. If all your husband has is an oral agreement (a verbal agreement--something that the two of them just agreed upon by talking with each other) then it will be harder to prove the intentions and promises of this used car dealer.

    When you get this all settled, you need to report this man, and his auto dealership, to your local Chamber of Commerce (so they don't recommend people to him), the Better Business Bureau, whatever type of Used Car Dealer Associations there are, etc. I would be "googling" everything on the internet to find out where you can report this guy and his company to!! You might also want to write a type of a "form letter" to all of your local lending assiciations so that they won't lend money to him and/or his business, etc.

    This will probably end up being an expensive lesson for your husband to learn! I bet the next time that he makes a deal like this, he will either have a lawyer make him up a Sales Contract or make sure the dealer gives him one, with a notary witnessing his signature!

    Good luck in this mess!
  3. lgp

    lgp Well-Known Member

    As the previous poster stated, you need legal counsel, and you need it now. Please note that you are not only resolving your personal situation, but are also shedding light onto a thief and a con artist that needs to be shut down.

    Pleas keep us posted on the final outcome of this situation; as consumers, we all need to know.

    Good luck--

  4. Janalynn

    Janalynn New Member

    Something isn't right (besides the obvious). Who has the title to the car? If there is a lienholder on the car (which there is if you owe money on it) then that company has to release title.

    This car dealer accepted your car without title? That doesn't make sense. He also couldn't have sold it without title. It would have to be paid off first - unless he did something totally illegal.

    Please tell me your husband did get some sort of paperwork from this place. The dealer should have cut you a check along with the creditor (same check) for the car to be paid off and endorsed by both parties. You can't legally sell the car to someone else without title. Did you 'sell' the car to the dealer?

    Definitely contact an attorney (free consultation many will give) - get the full details from this auto place. Tell them you will be filing a complaint if you don't get resolution. Do NOT rely on them to say they're going to pay off YOUR debt. It's still legally your responsibility, so they need to write you a check and you can send it in.

    If you don't get anywhere -
    You can go to the Attorney general's office, contact the BBB definitely (after you get the transaction details), a local TV station to get help, whatever.
    Consumers - never ever turn your car over without paperwork releasing you from liability.

    Please let us know what happens. You're right, if you're the registered owner of the car, you're liable for anything that happens, so you need to get out of this.
    Don't let this company get away with pulling anything over on you or anyone else!

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