Dealer wants car back over downpayment

[Anonymous]

---

@Anonymous wrote:
I bought a used 2010 Altima last Monday 5/8 and was to pay 1500 down payment. I gave 1000 and had a few days to pay the rest of the 500, I added the car to my existing insurance, signed my contract stating the 1500 was paid and left with the car. It was financed, the finance company called me the next day confirmed everything and sent a welcome kit. And confirmed my next payment day.

Then a few days later on that Friday the dealership said the deal was gonna be canceled if I didn't pay the other 500 right away and they would take the car. I called my finance company to double check if that was correct Bc I needed a few more days as I was siting on my paycheck and the dealership knew that. The finance company escalated this to there legal department and said they would call the dealership and myself in a few days.

I got a call on this last Tuesday from the finance company and they said that the contract states the 1500 was paid and I don't owe them any more money. I told her I only paid 1000z she said that it doesn't state deferred payments so I don't owe anything else to them and I'm not to pay them anything else. And all future payments are to be paid to the finance company. The dealership called me the same day and left a vm stating they wanted to settle the remaining balance even after talking to the finance company. I called back and left a message.

I get a call today Saturday stating I owe a balance and if I don't pay return the car.

Who should I believe or what should I do. I was gonna pay to end it all but the finance company told me me not to and the dealership knew I needed a week to pay and demanded the money back abefore that time. If the car I was paid for by the finance company should the dealership keep calling me. I'm just confused.

Thanks...............




.......Let me say this again I never signed a deferred payment contract, I never paid with a post dated check. I said a few days as a generalization bc I was waiting for my paycheck which I had just received on this past sunday. I never knew the dealership put that the downpayment was paid in full on the contract (signed my contract stating the 1500 was paid ) <<<Maybe this is where people got that notion. I was informed by my finance company legal
Department that they had not notified them of deferred payments in the contract and regardless of if I owed them the 500 not to pay them and all funds would be given to the finance company going forth. This is their advice from their point of view. Remember, they want to make sure they get paid going forward so they have a selfish motive to give advice that directly benfits them but may or may not be the best advice for you.

I also was only trying to make sure that my car was not going to get repo'd by the dealership and I called the finance company to see if they had the authority to repo it. Don't blame you. Scary thing if that happens, I'm quite sure.

As Stellar said I was confused. But y'all are very quick to say I was going to take advantage of the dealership bc they did me a favor , but I never said I wasn't going to pay I just said who do I believe. I guess the bottom line for me would be this: Forget everyone else. What do you believe? What do you think is the proper thing to do here? 

And you all are very judgemental when all I read in here is tips of how to get around this or that, and what not. I learn a lot from this forum but I prob won't ask another question. You are painting with a broad brush here and it's not fair to those who were either sympathetic, took you at face value, offered gentle or straightforward advice, or some combination of these things.

Oh and I paid the remained on Monday. Thanks IMHO, you did the right thing.

---

This is not to be critical or to begin a fight, but your statements have been confusing and, at times, contradictory. I don't know what to make of that and I will not pass judgment one way or another. Simply stating a fact. Perhaps you just misspoke. That's OK. But even misspeaking can sow confusion.  I can see how some might have taken your meaning as they did, but I also appreciate Stellar's cooler head. So while you may be rightfully upset at some things said here with some jumping to conclusions without asking for clarification, a more clear statement in the beginning or even at the end (or middle) might have prevented the misconception or stopped it sooner. And your generalization of  "all" is every bit as unfair as you say you've been treated. Again, not trying to be confrontational. Just my 2 cents. Good on you for doing the right thing and for coming here to explain a bit better. Good luck with everything and should you choose to stay and contribute it might be beneficial for you and others.

[Anonymous]

Thank you, I guess I shouldn't have said "All" were judging me. I understand it might have been confusing, I was dead tired and just trying to explain a lot, while still being confused myself. Lol

[Anonymous]

Hope you got a receipt!

[Anonymous]

---

@Anonymous wrote:
Let me say this again I never signed a deferred payment contract, I never paid with a post dated check. I said a few days as a generalization bc I was waiting for my paycheck which I had just received on this past sunday. I never knew the dealership put that the downpayment was paid in full on the contract. I was informed by my finance company legal
Department that they had not notified them of deferred payments in the contract and regardless of if I owed them the 500 not to pay them and all funds would be given to the finance company going forth.

I also was only trying to make sure that my car was not going to get repo'd by the dealership and I called the finance company to see if they had the authority to repo it.

As Stellar said I was confused. But y'all are very quick to say I was going to take advantage of the dealership bc they did me a favor , but I never said I wasn't going to pay I just said who do I believe.

And you all are very judgemental when all I read in here is tips of how to get around this or that, and what not. I learn a lot from this forum but I prob won't ask another question.

Oh and I paid the remained on Monday. Thanks

---

You're right. I'm guilty as charged, and I hope you'll accept my apology. I did get judgmental without having nearly enough information to justify it (not that being judgmental is ever really justified). 

I hope you'll reconsider your decision to not post any more questions. We all can, and do, learn from other people's questions, experiences, errors, and successes; just as I've learned from this.

[Anonymous]

The dealership F'd up. I mean if you were going to do them dirty, that signed contract stating that you paid them 1500, when in fact you didn't would have held up in court and they would have had no recourse...technically and legally.
I bet this was a Buy Here Pay Here lil shop, wasn't it? with workers that are just trying to make a sale...didnt know any better and trusted you on your word.

I did this same type of transaction with JD Byrider/Smart Finance here in Charlotte back in 2012 I had BAD credit, no credit cards and only my word to go on.
I took posession of a used 2007 Cobalt w/ 72k mi and was to pay $1500 down. I didn't have the entire $1.5k atm, but instead of them allowing me to come back in to pay the remaining $1000, they drafted my bank account every 2 weeks for $250, until the down payment was completed. All the while I had the car. And financing didn't even begin until I completed the down payment. They really looked out and hooked me up - even though I was upside down.

I wasn't thinking I could get over on them. Nor did they ever give me any document that stated I paid the down payment in full. The document stated that I paid such and such with a balance left, owing...such and such!

I'm glad you paid what you owed and let the sales person keep their job!

Let this be a lesson to all of the Buy Here sales people, do not draft documents stating that customers have paid a down payment in full, when in fact they have not. once you and the customer sign, the document, is a legally binding contract. I'm not a lawyer, but you have no  way to collect on something you legally signed was collected - and it wasn't.

Mistakes happen.

OTOH, let's not have customers making posts on boards telling on themselves, and then attempting to retract their statements...LOL 

There's a reason Judges tell people to be quiet.

[Anonymous]

You know that you owe the extra 500. Don't do them wrong and skimp out beause of some contract language that they did for you to help you out. Do the right thing. Karma isn't something to mess around with. It will bite you.

[Anonymous]

It was paid and it was not a buy here pay here lot..... my financing started 30 after my car was bought. I haven't had any issues since and my car is paid timely every month.

[Anonymous]

When I bought our 2015 Jeep, I got a loan from my bank of 30k and said I would pay the rest in cash as a down payment. They wrote up all the paper work for the deal, I signed everything and my bank took on ownership of the car.. left the dealership and got home and realized they never asked me to swipe my credit card for the down payment and yet, here I was with the car in my driveway lol a few days later, I had to go back to the dealership for something I can't remember and that's when they brought it up like, "oh hey, you have your credit for that down payment" lol paid them what was promised and went about my life. But totally realized they made a mistake by adding the down payment on the paperwork as received without ever asking me for it and could have totally screwed them over

[incognitony]

A local franchised dealer (Huntington, WV) let somebody I know write post -dated checks for downpayment on 2 cars . One of the cars was for him and the other was a family member. The checks bounced and the dealer was able to get the cars back. My own experience was that another local franchised dealer told me to tell the finance company that I had put down more than I actually did if they asked me. Dealers seem to be flexible and/or somewhat shady in this area anyways.