Car Purchase Disaster Help Please ..Thank You
Posted 02 October 2012 - 07:31 PM
Long story short, but still long...
I bought a used car.
When I went to teh dealership and found this car and them haggling, we came to an agreement. They said all of the sudden the bank that gave me the approval closed, so I would have to come back the next day. But to close the deal we had to sign papers showing a one time payment, but they said it was a need because of selling us the car and the bank had closed. We said we did not want any add ons nor gap or anything. We initialed next to these options, but later found out that nothing was checked, we just initialed where we were told to under the impression that we were declining these items. We gave them $500 down and away we went.
Well that next day turned into 3 days later where we were bringing the car back to get our trade. Then all of the sudden the we had the approval ready. I kept asking why it was taking so long, they stated they were looking for a better rate for us.
Anyways... the papers were already pre made when we arrived.
All of the sudden we now had 2500 worth of add ons and needed 400 more down to cover some of these add ons. We said no way, but the finance guy stated that it was the credit union that demanded it, not them. Since we are already a member of the credit union we thought it was odd, but they must have rules we thought.
So we signed and wrote an additional check for 400.
The next business day we called the credit union and asked why we needed so many things added on. They said uh no its not us its the dealer, we would never and dont put conditions like that.
So it started to get ugly. We got a recording device on our phone and started to call and get recordings of this not being a condition, and then calling to cancel the items.
In Colorado as long as one pary consent, being me, it is legal to record conversations.
So I started having issues with teh dealer, they would not cancel items even if it was a 3rd party and within there cancellation timeframe.
So moving on... We decided to temporarily cancel the check for 400 while an investigator with the dmv looked into my claims. I was complaining about deceptive trade practices, saying we had an approval when we did not, trying to sell our trade before the deal was final, selling us "tie in" items, possible powerbooking, selling us a car alarm with no paperwork or contract just added it to a price, to name a few issues.
But they dealership has big time lawyers, so we backed down and told the investigator to cancel the complaint, but he called in our behalf just to talk to the dealer. He called me back and said he talked to a co owner and general manager and they are willing to help out and make things right. Also he let me know that the finance guy who swindled us was terminated.
So as we kept moving along it did not get easier like the investigator said the dealer insisted it would be like. They started to call and harass me. Basically just calling everyday while im at work, on my cell running up my minutes, and just causes me emotional turmoil.
I started to send certified letters to resolve the issues. I sent 3 all together with no response ever. I finally sent a cease and desist letter stating that if they were to contact me it must be in writing, no more phone calls, no more harassing me.
Not even a few hours after they got the letter i started to get more phone calls. Since that time maybe 10 calls, no letters at all.
Then I finally sent a 7 page letter stating my complaints, and a final resolution to void my check and they can cancel my 2 years of oil changes and such as I will never go there.
They called me and said that they were going to turn me into collections for the check I wrote them.
In Colorado the bad check law states that you have the rght to cancel a check under deceptive or misleading practices, or defective products.
But the check is actually good.
My contract has an arbitration clause that I or them must use arbitration to settle disputes etc. A basic car dealer arbitration law that I researched online, but one part says I can seek self remedies such as small claims.
Anyways do I have a case for anything???
I have time loss from work due to this transaction, extreme cell phone overage due to this transaction, hours of driving into the dealer multiple times, postage costs, and other incurred costs.
The dealer engaged in deceptive trade practices, although some in oral form, because the finance guy was terminated must show there was some sort of issue going on right?
Then we have them contacting me many times via phone after the cease and desist letter. Maybe this does not matter? Some of the calls were involving trying to collect a debt like a collection agency would do.
Then we have the dealership stating they are going to turn me into collections, even though they have never tried to cash my check. If the do it, this could cause me to have a bad mark on my credit resulting in future financing troubles, higher rates, and possible loss of employment opportunities.
I have been through hell with the dealer, do I have any options for punitive damages, emotional distress, or am I just toast since I signed my life away?
Lastly, I can try and find you a link to the arbitration clause, but does "you and we reserve the right to self help remedies and seek remedies in small claims court" Mean I can go to small claims? It seems like though if I try they can just say no, we choose arbitration? Which I worry they will find and pay for an arbitrator who will be biased in their favor.
I am very lost. I am hurting and upset that they have looked me in the eyes and lied to me, my wife and my little boy. If I am up a river with no paddle, please give any advice that you may have. I know it is not proof or in stone, but any help or ideas are appreciated.
Posted 04 October 2012 - 01:05 PM
Posted 05 October 2012 - 10:08 AM
A lot depends on what you signed.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
Posted 06 October 2012 - 10:30 AM
Posted 10 October 2012 - 06:52 PM
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