Help with legal advice, against independent dealer
11-04-11, 10:34 AM
#1
Help with legal advice, against independent dealer
ok guys, im hoping we have at least a few attorneys around CL that could lend me a hand.
quick run down, i traded my car in, its been a month, they have yet to pay the car off. leading to a 30 day late payment on my credit. and placing a hold on my accounts.
i dont own this car anymore, loan has yet to be paid and im getting punished for this.
in my current financial situation i dont have the funds to pay for attorney fees and what not, so im asking what i can do.
I have filed a complaint with the BBB, and i will be looking into having the dealer license revoked. and other misc.
If you could lend a hand please PM me or call/text me 949-357-6009
Thank you much in advance for anyone that could help.
best regards
-Ian (Mv350)
quick run down, i traded my car in, its been a month, they have yet to pay the car off. leading to a 30 day late payment on my credit. and placing a hold on my accounts.
i dont own this car anymore, loan has yet to be paid and im getting punished for this.
in my current financial situation i dont have the funds to pay for attorney fees and what not, so im asking what i can do.
I have filed a complaint with the BBB, and i will be looking into having the dealer license revoked. and other misc.
If you could lend a hand please PM me or call/text me 949-357-6009
Thank you much in advance for anyone that could help.
best regards
-Ian (Mv350)
11-04-11, 12:34 PM
#2
I'm no lawyer so don't take my advice as one but...
Have you contacted the DMV about this yet? I am sure there is a time limit as to how many days the dealer has to pay off your trade-in. I know some other states have it, i'm sure CA does too. It's usually about 15 days. I'll try and see if i can find a CA law about it, i'm sure they have one.
Has the dealer or financing company said anything to you about this situation?
Edit: Nvm just saw this..
http://www.negativeequityauto.com/Ca...-Trade-Ins.php
I would say your best bet now (assuming dealer is unresponsive) is to go to small claims court. If i were you, i'd call up your finance company, explain the situation and ask to have the late payment removed from your credit history...and make the payment for now (if you can) and sue for it back in court. Plus damages.
Have you contacted the DMV about this yet? I am sure there is a time limit as to how many days the dealer has to pay off your trade-in. I know some other states have it, i'm sure CA does too. It's usually about 15 days. I'll try and see if i can find a CA law about it, i'm sure they have one.
Has the dealer or financing company said anything to you about this situation?
Edit: Nvm just saw this..
http://www.negativeequityauto.com/Ca...-Trade-Ins.php
There is no law in California that requires a car dealer to pay off the loan on a trade-in within a specific amount of time. Diana Taira, a Solano County deputy district attorney, says a time requirement would have made prosecuting her case against Vacaville Ford much simpler. She has a list of hundreds of potential victims.
Last edited by KillaIS250; 11-04-11 at 12:46 PM.
11-04-11, 01:32 PM
#3
after spending all morning on the phone, the dealer requested the pay off today(more than 30 days later) and told me they would bring the bank a check today. If they choose not to, i do have written proof that the car will be paid for today(i love texts) now i just have to wait.
11-04-11, 01:36 PM
#4
after spending all morning on the phone, the dealer requested the pay off today(more than 30 days later) and told me they would bring the bank a check today. If they choose not to, i do have written proof that the car will be paid for today(i love texts) now i just have to wait.
You will likely have to talk to your finance company about clearing that late payment on your credit history though!
11-07-11, 12:23 PM
#7
i work for a dealership and by law they took your car in as a trade so they have within 10 business days to do the payoff..they are responsible for the late charges and they have to right a letter to your bank to fix the late credit mishape..if they don't they can be fined by dmv but it takes alot to lose there dealer license...FYI..as long as you have a copy of the release of liabilty signed and date... your fine....
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11-08-11, 06:28 AM
#9
i work for a dealership and by law they took your car in as a trade so they have within 10 business days to do the payoff..they are responsible for the late charges and they have to right a letter to your bank to fix the late credit mishape..if they don't they can be fined by dmv but it takes alot to lose there dealer license...FYI..as long as you have a copy of the release of liabilty signed and date... your fine....
ya it has been haha, but thank you
11-08-11, 11:01 AM
#10
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(1) Call DMV and Let them know that you no longer own this vehicle.
(2) Call you LOAN company (your traded in car financed) and give them all the detail such as when you traded in and that dealer's contact info.
(3) Call your insurance company and do the samething.
GL to you man...
J
(2) Call you LOAN company (your traded in car financed) and give them all the detail such as when you traded in and that dealer's contact info.
(3) Call your insurance company and do the samething.
GL to you man...
J
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