Can I dispute debt with OC under FDCPA? dispute Dealership?

[Anonymous]

Hi All,

I read through the thread on debt validation, but it appears that it only applies to collection agencies. My problem is that I don't want it to go that far and I would like to take care of the problem now. The OC isn't necessarily a creditor either. I have received an invoice from a dealer in the amount of $297.

I'll make this as short and sweet as possible. Traded in car at dealership and leased a new vehicle. The dealership called a day later and said the payoff on my trade in was $297 more than I stated. I told them I don't have $297. Got a call from finance and she said come in and sign new paperwork and they have to "eat the cost". I signed a new contract reflecting accurate payoff. Nothing else changed. I have the Lease Contract stating

Amount Owed on trade (25,110)

Amount paid by dealer on trade (25,110)

Amount due at signing $2600 (I have copies of two checks for this amount that I paid)

I also have a statement from my credit union showing payoff was 25,110.

They are expecting me to pay the $297 difference, even though the signed contract has no such obligations listed.

I want to DV, but not sure of my rights here. Can I just sue them for the $297 in small claims prior to being sent to collections? LOL. Of course, to have the $297 applied to my alleged debt.

They'll likely have the "older" contract with a payoff of 24,810. In that case, I don't think a judge would look to kindly upon that seeing as how dealers are crooks.

Message Edited by clarrkkent on 11-06-2007 05:18 AM

[Anonymous]

Why would you sue them if they paid it for you?  They are not going to hold you accountable for the difference if they re-signed paperwork.  I am in the car (crook) business, and this does happen from time to time since some lenders are closed when transactions are made.  Dealers also usually get 10 to 20 day payoffs in order for your new loan or lease to process.

Sounds like they are helping you in this situation.

[Anonymous]

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@Anonymous wrote:

Hi All,

I read through the thread on debt validation, but it appears that it only applies to collection agencies. My problem is that I don't want it to go that far and I would like to take care of the problem now. The OC isn't necessarily a creditor either.

I'll make this as short and sweet as possible. Traded in car at dealership and leased a new vehicle. The dealership called a day later and said the payoff on my trade in was $297 more than I stated. I told them I don't have $297. Got a call from finance and she said come in and sign new paperwork and they have to "eat the cost". I signed a new contract reflecting accurate payoff. Nothing else changed. I have the Lease Contract stating

Amount Owed on trade (25,110)

Amount paid by dealer on trade (25,110)

Amount due at signing $2600 (I have copies of two checks for this amount that I paid)

I also have a statement from my credit union showing payoff was 25,110.

I want to DV, but not sure of my rights here. Can I just sue them for the $297 in small claims prior to being sent to collections? LOL. Of course, to have the $297 applied to my alleged debt.

They'll likely have the "older" contract with a payoff of 24,810. In that case, I don't think a judge would look to kindly upon that seeing as how dealers are crooks.

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I can't find a question here-

[Anonymous]

Sorry, I left something out that was pertinent to my question. I have just received an invoice from the dealer requesting that I pay the $297.

I have edited the original post above to show this.

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jtilton28 wrote:

Why would you sue them if they paid it for you?  They are not going to hold you accountable for the difference if they re-signed paperwork.  I am in the car (crook) business, and this does happen from time to time since some lenders are closed when transactions are made.  Dealers also usually get 10 to 20 day payoffs in order for your new loan or lease to process.

Sounds like they are helping you in this situation.

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Message Edited by clarrkkent on 11-06-2007 05:20 AM

[Anonymous]

It should only take a phone call to fix this-

Does not look like the accounting people are using the right paperwork-

Now if they start being STUPID-
You might have to enforce you right on the contract- which most likely includes an Arbitration clause-

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@Anonymous wrote:

Sorry, I left something out that was pertinent to my question. I have just received an invoice from the dealer requesting that I pay the $297.

I have edited the original post above to show this.

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@Anonymous wrote:

Why would you sue them if they paid it for you? They are not going to hold you accountable for the difference if they re-signed paperwork. I am in the car (crook) business, and this does happen from time to time since some lenders are closed when transactions are made. Dealers also usually get 10 to 20 day payoffs in order for your new loan or lease to process.

Sounds like they are helping you in this situation.

---

Message Edited by clarrkkent on 11-06-2007 05:20 AM

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[Anonymous]

Yeah, I wouldn't be surprised if there was an arbitration clause in there. I'm pretty sure I read one, but with the pages and pages of legalese, I can't remember.

As long as they have to pay for the arbitration, it doesn't matter to me. I'll try to settle this amicably first. My immediate thought is that they very well know what they are supposed to do, but are trying to squeeze more money out of me (perhaps when someone said "we can't eat that cost, send him a bill" ).

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@Anonymous wrote:
It should only take a phone call to fix this-

Does not look like the accounting people are using the right paperwork-

Now if they start being STUPID-
You might have to enforce you right on the contract- which most likely includes an Arbitration clause-

---

@Anonymous wrote:

Sorry, I left something out that was pertinent to my question. I have just received an invoice from the dealer requesting that I pay the $297.

I have edited the original post above to show this.

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@Anonymous wrote:

Why would you sue them if they paid it for you? They are not going to hold you accountable for the difference if they re-signed paperwork. I am in the car (crook) business, and this does happen from time to time since some lenders are closed when transactions are made. Dealers also usually get 10 to 20 day payoffs in order for your new loan or lease to process.

Sounds like they are helping you in this situation.

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Message Edited by clarrkkent on 11-06-2007 05:20 AM

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Message Edited by clarrkkent on 11-06-2007 06:22 AM

[Anonymous]

Getting an Invoice changes things.  I would just call the General Manager and let him/her know about the phone call that you recived from Finance saying that you needed to re-sign because they were "eating" the overage in payoff.

Had they sent you an invoice under the original contract, I would say that you would owe the $.  However, signing the new contract clearly shows that you financed the accurate payoff.

I promise you that a phone call to the General Manager will take care of this situation.