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Dealer Running Credit... Requesting Vehicle Back...

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Anonymous
Not applicable

Dealer Running Credit... Requesting Vehicle Back...

I need help...

 

I went to this dealer and applied 4/16 I bought a car from them on 5/7, the supposed approving bank was  CapitalOne...

All dox were signed, put 2k down and  I took the vehicle home on that same day..

 

This weekend the dealer contacted me urgently that I needed to talk to CapOne, they were closed so I ended up calling them yesterday 5/17, they wanted to verify identity, no issues there.

 

Today, 5/18 the dealer calls me, it turns out the deal had expired and (of course they are blaming me because I took a looong time to talk to cap one, NOT true but that's another story) because of that they were running my credit like crazy to get another bank to approve it.. I just went to experian's site, I have 5 hard inquiries from yesterday to today and of course they have not been able to approve it, chances are they won't because my rating has gone down since the initial approval.

 

What can I do? They will obviously want to take their car back and well it's still their car so as long as they come pick it up it's ok but..  what about my down payment? what about those hard inquiries? what about the trips I took to the dealership back and forth.. what about the insurance premium I Paid for???  Do they have the right to treat me like this??? What can I do about this???

 

 

 

 

Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: Dealer Running Credit... Requesting Vehicle Back...

1- the Dealership is the middle man between the banks and yourself. All the paperwork you sign somewhere has something to the effect of "contingent on final bank approval and or funding on loan."

 

2- The dealership wants to sell you a car. you have not stated if they are willing to work and try to get another deal financed with Cap One .

 

3- The dealership contacted you urgently over the weekend but you did not contact Capital One until Tuesday?  Umm yeah that's a problem.

 

4-There is no onus for the dealership to come and pick it up. They can easily call the police and report that you have stolen the car by not returning it on your own accord. Do not try to throw the dealership under the bus on this it will not work. You are now driving a car that has a voided contract.

 

5-Your states laws will determine the disposition of the Down payment, which is another reason you want to start working with the dealership. Start telling them to come pick the car up and they will start deducting their charges (and rightly so) to deal with you from that deposit.

 

Do they have the right to treat you like this?  YES.

 

HOW ARE THEY TREATING YOU? You are driving a car that is not paid for. Its that simple.

 

You helped Kill the deal. They want the car back. Are they supposed to let you keep it for free? By your own admission you did not jump on getting ahold of Capital One you helped create the problem.  They were/are completely within their rights to try to find you alternate financing. Your costs regarding insurance premium and time can easily be countered with their costs in pulling your credit, spending time on the deal, costs incurred on the deal, and letting you put miles on that car. And your insurance premium should be pro rated and was still used to cover you for the time you had the car, so you are not "out" anything in that respect.

 

Do not try that approach. this is not Longhorn Steakhouse that you found a bug in your salad and expect a free meal for the whole table, comp-ed desert, and gift certificates for your next visit.

 

 The inquiries are the inquiries, and are a part of trying to secure credit- there is nothing about that.

Message 2 of 8
Anonymous
Not applicable

Re: Dealer Running Credit... Requesting Vehicle Back...


usmc58555 wrote:

1- the Dealership is the middle man between the banks and yourself. All the paperwork you sign somewhere has something to the effect of "contingent on final bank approval and or funding on loan."

 

2- The dealership wants to sell you a car. you have not stated if they are willing to work and try to get another deal financed with Cap One .

 

3- The dealership contacted you urgently over the weekend but you did not contact Capital One until Tuesday?  Umm yeah that's a problem.

 

4-There is no onus for the dealership to come and pick it up. They can easily call the police and report that you have stolen the car by not returning it on your own accord. Do not try to throw the dealership under the bus on this it will not work. You are now driving a car that has a voided contract.

 

5-Your states laws will determine the disposition of the Down payment, which is another reason you want to start working with the dealership. Start telling them to come pick the car up and they will start deducting their charges (and rightly so) to deal with you from that deposit.

 

Do they have the right to treat you like this?  YES.

 

HOW ARE THEY TREATING YOU? You are driving a car that is not paid for. Its that simple.

 

You helped Kill the deal. They want the car back. Are they supposed to let you keep it for free? By your own admission you did not jump on getting ahold of Capital One you helped create the problem.  They were/are completely within their rights to try to find you alternate financing. Your costs regarding insurance premium and time can easily be countered with their costs in pulling your credit, spending time on the deal, costs incurred on the deal, and letting you put miles on that car. And your insurance premium should be pro rated and was still used to cover you for the time you had the car, so you are not "out" anything in that respect.

 

Do not try that approach. this is not Longhorn Steakhouse that you found a bug in your salad and expect a free meal for the whole table, comp-ed desert, and gift certificates for your next visit.

 

 The inquiries are the inquiries, and are a part of trying to secure credit- there is nothing about that.


[Mod Cut]

 

Nothing bothers me more than your assumption in me wanting to take advantage of a deal gone wrong, if you read my post correctly you will see that I mentioned that I understand it is their car, it is not like I am wanting to keep it over a mistake like this nor do I want to take advantage..

Ultimately though, although I was looking for what to do in regards to my credit because that is all that is hurting, my credit and let's keep in mind this forum is for people who are looking for that sort of advice [Mod Cut]. I don't see why you would want to get personal like that, I imagine I am not the first one to complain and I imagine I would not be the last one.
In regards to what I originally posted, I made emphasis to try and have the reader understand it was not MY fault the deal had gone wrong, it was the dealer's fault too. Things are NOT all black and white as you see them. In regards to your reply, you are wrong because you assume too much, it is that urgency of yours to show the rest of the good people here how superior you are. It is obvious to me that by trying to explain things further I will accomplish nothing here, therefore I will post no further.. 

 

------------------------------------------------------------

OP, please read the  User Guidelines, and Terms of Service before posting again. ~Moderator, LilMirth

Message 3 of 8
Anonymous
Not applicable

Re: Dealer Running Credit... Requesting Vehicle Back...


@Anonymous wrote:

[Mod Cut]

 

Nothing bothers me more than your assumption in me wanting to take advantage of a deal gone wrong, if you read my post correctly you will see that I mentioned that I understand it is their car, it is not like I am wanting to keep it over a mistake like this nor do I want to take advantage..

Ultimately though, although I was looking for what to do in regards to my credit because that is all that is hurting, my credit and let's keep in mind this forum is for people who are looking for that sort of advice [Mod Cut]. I don't see why you would want to get personal like that, I imagine I am not the first one to complain and I imagine I would not be the last one.
In regards to what I originally posted, I made emphasis to try and have the reader understand it was not MY fault the deal had gone wrong, it was the dealer's fault too. Things are NOT all black and white as you see them. In regards to your reply, you are wrong because you assume too much, it is that urgency of yours to show the rest of the good people here how superior you are. It is obvious to me that by trying to explain things further I will accomplish nothing here, therefore I will post no further.. 

 

------------------------------------------------------------

OP, please read the  User Guidelines, and Terms of Service before posting again. ~Moderator, LilMirth


A huge trend that I have seen/see, for the last 20-25 years is that most Americans, when using high competition, relatively low cost retail services are coddled, agreed with and customer serviced and comped so much by those establishment that they have issues when dealing with companies that do not do that.

 

I have seen people that get a $9.00 on a $40.00 meal appetizer at TGI Fridays comped because they had to "wait," or they did not agree with the servers tattoos and mom was scared of them. Or my favorite: people that order their food, and 8-10 minutes later change their order- and we happily oblige and do not think to charge them for the food that was partially cooked- and will probably be thrown away now--all part of customer satisfaction. I myself just got $20.00 a month off WOW for 2 years due to an issue that required 3 visits by a technician, but in all honesty we all knew that the second visit was my fault. Many people get angry when they do not get that same treatment at other vendors.

 

Another more basic thing is that the voice in our head that tells us what we are writing is sometimes not saying the same things in someone elses head when they read it.


When I did computer support in the USMC, occasionally after people figured out who I was, I would get direct email requests for help/assistance. At the time running Windows 95-98 80% of all problems could be solved by turning the computer OFF or unplugging it and then restarting. I was quickly made infinitely aware that emailing someone of higher rank and telling them "unplug reboot, and let me know if that fixes it" was not  Honoriffic enough  nor respectfull enough for some (even though we were going outside the trouble request protocols by making an email request and getting an email response but I digress).


In your post you stated many questions that I answered and made many statements that made me want to caution you. Now one thing you need to understand is I do not know you. And even more important I only know what you post I know no other facts.

 

You were by your own admission "urgently" contacted by the dealership at some point over the weekend, you do not say Fri, Sat, or Sunday, and you did not get back to Capital One until Tuesday (5/17)?  I do not know what was going on in your life, and sometimes you could not have had a chance to get to them immediately- but no matter what there was a gap in you getting ahold of Cap One. The Dealership has probably logged in their CSM Software when they contacted you, and Cap One def logged in their software (and probably taped you) when you contacted them.  Those are the facts as you stated them.


So yeah if it can be construed if you had contacted Cap One before Tuesday, say Monday and the deal would not have expired that yes you were an equal if not crucial part of this deal falling through.

 

You are upset at the additional inquiries. the fact is, FICO for purposes of scoring only classes a set of inquiries in a finite period of time as 1. Depending on the scoring formula used you multiple inquiries are in all probability bringing your score down a handfull of points. They are not tanking you 100 points.

 

You then go on to say how : "They will obviously want to take their car back and well it's still their car so as long as they come pick it up it's ok." You start putting conditions on your obligation to the deal or non deal. Sounds to me like you are doing "come pick it up then." And thats why I cautioned you- I have seen people do that before and the minute you start sending signs/signals to the dealership that you are not going to be agreeable or work with them or just be polite,  and they have had people before do the same thing. They will go straight to calling the police as you are not returning their property- or maybe they will actually send people to collect the vehicle and again they are in their rights to bill you for that. [I have seen people do the you cna come pick it up and TRASH the car completely]

 

[I used to do fleet unit deliveries-it was a side job on top of my normal salesman duties. The agreement was the person came to pick the car up, the dealership got paid $100  for the delivery and if it was not spelled out in the contract we did not do it as we were not paid to do it, and in many cases the people were NOT Ford buyers anyway so we were not going to get any residual business off them. Were we wrong to not lose our profit to make a customer happy when the customer had signed off on exactly what would happen and now wanted to change? I would frequently get customers trying to use negotiation in the delivery and I was like, You are not my Customer, GE Fleet is, and I cannot throw something free in on the deal as it is not your deal. (Many dealerships do not do them due to hassle for low money.) I once had a lady who drove 45 minutes leave a folder of stuff in the car she turned in. She called me at the end of the work day demanding that I weekend over night FEDEX her documents. I explained that that would cost close to $85 and did she have an account number I could use to do it. She was inignant that I expected her to pay for her mistake and she called the GM and the GM told her he would get it done for her. He did. We called the leasing company and they gave us the approval and we billed the account plus billed for my labor, I guess the leasing company billed her account the $135.00 and she called mad again a month later screaming at me for charging her and I was like you expected me to pay it myself out of my pocket, My boss was not going to pay the weekend rate for fedex residential, and I had to go out after work and chase down a place I could get you overnighted from. I worked an extra 2 hours of my free time for you.] 

 

You also made statements about what about the insurance premium I Paid for??? I explained to you that your insurance premium will probably be pro rated to the period you had the car you wokld be refunded any over payment and it pretty much is what it is. Sorry thats it.


Your inquiry about your downpayment?  Well that really depends on both your state laws and what the dealership wants to do. Not working with them can depending on your laws and what you signed in the contract make them want to help defray their costs incurred in the transaction. Its that simple, which is why I cautioned you to work with the dealership if you want your $2000 back quickly and easily. You want to hold out have them pick the car up, you can make them decide they need to inspect the car and charge a service department visit to go over the car and then bill you all costs.

 

You asked do they have a right to treat you like this and what can you do about it. I answered yes they do.


I am sorry you do not think my answers were warm and fuzzy enough. Or more I believe, were not answers you wanted to hear. Maybe I miss-read your post or just inferred the wrong things about what you said. maybe I missed the exact advice you wanted? Maybe you were looking for a solution to your problem that would make the mess go away. I am sorry I could not provide that.


I did not attack you though.

 

 

 

 

 

Message 4 of 8
JayRizzo
Established Contributor

Re: Dealer Running Credit... Requesting Vehicle Back...

 

OP, please read the  User Guidelines, and Terms of Service before posting again. ~Moderator, LilMirth


 

Wait now!  Funny, I'm reading a moderator reciting Guidelines and Terms to the OP but not a peep when both were a bit in the wrong.  Hmmmmm!!!

 

I carefully read all of the postings and didn't jump to any conclusions because it was just a member trying to explain as much as possible without writing "War & Peace" while seeking advice on the next steps.  The member "did" spread the responsibility among themselves, the dealership, and Capital One.

 

USMC58555 is a very cool member and I'm familiar with their straight-forward reponses -- Heck, I do the same myself because it's direct and to the point, but some moderators take sides and are quick to ding members while turning a blind eye with others (not cool at all).  I did see a little bit of assumption there, but I'm just a reader.

 

I just wanted to point out the one-sidedness from some moderators here in MyFico forums.  That's all.

Message 5 of 8
JBjunior
New Contributor

Re: Dealer Running Credit... Requesting Vehicle Back...

Are you serious? While usmc's responses are rarely what someone wants to hear he hasn't called anyone names or attacked anyone. Maybe you didn't read the replies before the "mod cuts" but that was the violation of TOS.
Message 6 of 8
Watchmann
Valued Contributor

giveRe: Dealer Running Credit... Requesting Vehicle Back...

To the OP, you have been given some sound advice.  Pull out your paperwork and read it carefully.  You probably signed a Conditional Sale and Delivery Agreement  in the stack of papers that were shoved in front of you at the deal signing.  Looking over the one I signed back in 2006 it states that if financing cannot be secured the deal is void and the Buyer has to return the car to the Seller's address in good condition.  The buyer had to pay $150/day for each day they had the vehicle plus 21 cents per mile for each mile driven over 50 miles per day.  And any recovery costs are to the Buyer's account.  These fees can add up quickly so I would recommend you drive the car back to the dealer ASAP and work out any issues at the dealer.  Ignoring the situation will not be in your favor.

 

These conditional agreements can come back and bite you in the hiney but most people aren't aware of what they are signing.  The last car I bought in November 2011 there was no such agreement and when I asked the finance guy why he said the CU had already approved the loan due to my high FICO score so when I drove the vehicle off the lot the financing was already approved.  I don't think this is the norm..

Message 7 of 8
Anonymous
Not applicable

Re: Dealer Running Credit... Requesting Vehicle Back...


@JBjunior wrote:
Are you serious? While usmc's responses are rarely what someone wants to hear he hasn't called anyone names or attacked anyone. Maybe you didn't read the replies before the "mod cuts" but that was the violation of TOS.


Thank you!

 

I am not a mindless cheer leader but do believe I do not directly attack anyone (unless they are talking about fraud or illegal activity to secure what the want).

 

Many people find it hard to see  the difference between a disagreement in theory/practice from an actual attack on the person.

 

Now lets see: Apparantly we are not going to hear what happens next in regards to this story.  pity that.

 

EDITED TO FIX A DOUBLE NEGATIVE

Message 8 of 8
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