Need Legal Advice

Hi guyz I am in a situation where I need some legal advice.

I traded in my 2008 CIVIC SI for a tacoma. Now I still owed 15,000 on my CIVIC to BANK. Now Tacoma is Paid off. I gave the CIVIC away to the dealer on 26th of Sep 09, the dealer( AUTO LIQUIDATORS ) said they will pay the car off to get the title from the bank. Now on 01st of OCT 09 the bank still took away $426.18 from my checking account for the Car payment. When I called the bank they said they have not recieved the payment from the dealer yet and they will keep taking money out until they recieved the payment. Now when I called the dealer they are delaying the payment for god now what reason.

At this point what can I do legelly to go against the dealer here in Colorado Springs and make them pay for the car I traded in. Any advice is appreciated. thank you.

 

Don't worry it takes a couple weeks to straighten out...

 

well when i got my truck in md i traded my caliber in.I owed 11,000 The Dealer gave me a price(11,000) on what they would pay me for my caliber it happened to be what i owed. then the samething happened to me i paid the next months bill. however i signed an agreement that they would give me(11,000) so they gave me a check for the difference.

 

Thing is I needed the money for other priorities. Auto Dealers around fort carson, CO are well known for ripping off soldiers since they know we get straight checks from dod. When I purchased the car they said check will be sent to the bank instantly. But its not in writting tho.

 

the dealer now has to pay the bank 426.00 less/+ accrued interest. Go to the dealer and demand a check for the amount. I can't imagine they would have a problem cutting you a check, and stop the bank withdrawls on your old loan. That gives them a month to get a check to the bank. I dont think it has come to the point where legal advice is needed yet.

 

also most banks will give you a 30 day payoff.

 

A dealership in North Carolina got in trouble for doing that; taking a trade then not paying it off. I would call local news station with that story (Charlotte has a News station that investagates wrong doings like this then broadcast). The dealership would NOT want bad publicity. It's a story like this that tends to stick with people.

 

The problem is that the truck was never his, it was the bank's who has a lien on the truck - who the dealer will cut the check to and is responsible for mailing it out to. The bank will then send you a check for any overage, in this case your payment you made.

 

Whenever I call them they just promise me to return my call within 24 hours and then never do. Ive been trying to contact them since the day I started this post and still no one gave me an answers whats going on.

 

Did you have a automatic pay (automatic withdraw) system set up with the bank for your old civic? Because If not, I believe they are not aloud to take money out of your account like that to make the payment.

 

I have automatic payment setup with the bank.

 

Oh ok, that explains that.
I hope everything works out for you, if not you can always take them to small claims court, that should fix the situation.

 

I just talk to the dealer and they said they are willing to pay me $332 as a refund. But my bank charged me $426 as a monthly payment on first.

The day I sold my car the pay off value was 15280.00 and as of today the pay off value is lower $14885.00. The dealer said they will sent a check of $14885.00 not 15280.00 which is on the reciept.

 

Eek. i'd pursue this and talk to the manager at the dealer, NOW.

Did you sign an agreement that they would pay off XX dollars? You should have, check your dealer paperwork.

Hopefully you were smart and also made sure to get a written guarantee that they would pay off your loan in full in 10 days. If you did this, you have some leverage, as they're violating a contract. If you didn't do it next time, but sometimes the dealer will give you something indicating what amounts to the same thing anyway.

I would check your paperwork thoroughly, and see what the dealer agreed to do. If they just said they would pay off the vehicle whenever they felt like, you're sunk - you didn't have to agree to that, but did.

And to other people: This is why if you have to trade in a car with a lien on it, you should absolutely get written confirmation that the loan will be paid off within a defined amount of time, otherwise the dealer will sit on it so they can keep the cash handy.

 

The payoff value is irrelevant; if they agreed to pay off the value of the car, they haven't done so. You're owed the amount of your payment in full, and I would speak straight with the highest-up manager at the dealer. They're trying to get you to take less so you'll go away, don't settle for it, unless this is what you agreed to - check your contract!

 

It doesn't sound good to me especially if the dealer is about to go bankrupt. The fellow Clark Howard is a consumer advocate in Atlanta and is on radio and television here. I've heard him talk about this before on his radio show. Here are some links from his web page.
[SIZE=-1]Results 1 - 10 for car dealer payoff of trade in. (0.53 seconds) [/SIZE]

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• Avoid possible pitfall when trading in your old vehicle on ...
  
  The problem is that many people trade in their existing car for another one ... If the dealership is in financial trouble, they may not pay off the loan on ...
  clarkhoward.com/liveweb/shownotes/2008/08/28/13938/
  
• Unintended consequences of trading in a car on clarkhoward.com
  
  The car dealership that took your trade-in is not trying to cheat you. ... are going insolvent left and right and they may not be able to pay off your note. ...
  clarkhoward.com/liveweb/shownotes/2009/02/16/15135/undefined
  
• Calculate the cost of old gas-guzzlers vs. new gas-sippers on ...
  
  Jul 18, 2008 ... 2 years ago I would have gotten my payoff price for my auto. .... However, when we tried to trade it in on a new car, the dealer ran a Car ...
  clarkhoward.com/liveweb/shownotes/2008/07/18/13790/
  
• Financing on clarkhoward.com
  
  Unfortunately, that leaves you responsible to pay off both loans, even though you ... The car dealership that took your trade-in is not trying to cheat you. ...
  clarkhoward.com/shownotes/category/5/124/182/
  
• How GM/Chrysler bankruptcy affects you on clarkhoward.com
  
  Unfortunately, that leaves you responsible to pay off both loans, ... In this market, Clark advises you to not to trade in a car that still has a loan. ... car dealer replaced part on car twice. part caused fire. truck was a total lose ...
  clarkhoward.com/liveweb/shownotes/2009/05/22/15818/
  
• Selling on clarkhoward.com
  
  The vehicle you're trading in has to be drivable and the dealer has to agree to ... Unfortunately, that leaves you responsible to pay off both loans, ... In this market, Clark advises you to not to trade in a car that still has a loan. ...
  clarkhoward.com/shownotes/category/5/124/183/
  
• Car Maintenance on clarkhoward.com
  
  Unfortunately, that leaves you responsible to pay off both loans, ... In this market, Clark advises you to not to trade in a car that still has a loan. ..... After the first owner traded it in, the car sat on a dealer lot for another ...
  clarkhoward.com/liveweb/shownotes/category/5/31/185/
  
• Car Market on clarkhoward.com
  
  In this market, Clark advises you to not to trade in a car that still has ...... If the dealership is in financial trouble, they may not pay off the loan on ...
  clarkhoward.com/liveweb/shownotes/category/5/71/
  
• Incentives & Rebates on clarkhoward.com
  
  Unfortunately, that leaves you responsible to pay off both loans, ... In this market, Clark advises you to not to trade in a car that still has a loan. .... If you have to interact with a car dealer, try doing it by e-mail to avoid ...
  clarkhoward.com/liveweb/shownotes/category/5/71/197/
  
• American vehicles make a comeback in new survey on clarkhoward.com
  
  The only ones that are making it out are the car dealers that not only are selling .... I got one tax break and was able to trade in my Jeep for a Prius! .... national debt that will take hundreds of years to pay off, if we ever do. ...
  clarkhoward.com/liveweb/shownotes/2009/08/19/16462/
  

 

unfortunately I do not have it in written buy I got an invoice that says PAY OFF is 15218.00 as of 09-19-09. Now manager said they are willing to pay me $332.21 as a refund but I had to pay $426 to the bank since they failed to make a payment by first of OCT09. This means I am paying -93.79 Extra.

 

Well, actually, you can pursue this then. You have in writing that they are paying $15218.00 towards your car, and now they're saying that they're only going to pay $15218 less 93.79. That's BS and not what they agreed to do.

Talk to a manager and present this. Tell him that its a violation of your agreement and you're going to contact the BBB. Even if they didn't agree to pay in ten days, they still agreed to pay $15218, period.

Another thing to keep in mind is the payoff is still _really_ $15218. Don't let them make it out like they're doing a favor by paying a little bit on top of $14800, they're not! The only reason the payoff changed is that _you_ had to make another payment due to their own tardiness. They still owe you $15218.

And I don't mean talk to a finance or sales manager, I mean the Manager Manager. Like if it's Joe Toyota Toyota, talk to Joe Toyota.

Also, you can tell them Toyota would be interested to hear about it, and mean it.

 

They said they are only going to pay $14885.00 since this is the pay off value as of today. Not the original amount they is on papers.

 

Bullshit. Call them on it. They agreed to pay $15218, make them do it. Don't talk to sales lackeys, talk to the owner, and be up-front with him. Tell him if he won't follow through on your _agreement_ (because that is what he's failing to do) you'll talk to the better business bureau and toyota.

He's violating what he agreed to do. Period. He realizes that if he makes it difficult enough for you to get your money, he'll make $100. That's all this is. If you have an invoice, you're owed the money, simple as that.

And hang on to those papers with your life! Seriously, photocopy them and retain the originals and never give them back to the dealer; i've heard of papers getting 'lost' this way when shown to the dealer for proof.