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Disputing Large Transaction (Car Purchase)

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Anonymous
Not applicable

Disputing Large Transaction (Car Purchase)

So I just want to get an outside opinion on my situation. I drove to another state to an Autonation dealer to buy a specific used car. Salesman seemed like a nice guy, and they showed me all sorts of documention saying they did an alignment, replaced the struts and shocks, did an oil change etc. Only $5000. Good deal right? I put the entire thing on my Amex because CASH BACK and i had the cash to cover it so why not. When i got it home I took it to my mechanic and he told me they in fact did not change the struts and shocks, and the control arms were so worn out he could not align it because of liability! And the oil was almost 2 quarts low!! I called them and they basically told me to screw off and stopped taking my calls. When I got around to taking it to the DMV the didn't want to register it because the car odometer was a few thousand lower than the title paperwork! WHAT?!?! THEY ROLLED BACK THE ODOMETER TOO?! I finally got the title transferred had to sign a waiver saying my odometer was broken. That was the last straw. So I called American Express and they said they could probably get me a partial settlement to get my car actually repaired and had me send copies for the repair invoices, title paperwork, pictures of unrepaired items, actual car odometer, ect. So they filed a inquiry but I guess they didn't like that Autonation had to say about it because the charged back the entire 5k and amex sent me a check for the difference because it put my balance pretty far into the negative. Now I have a car titled to me and a total refund. But I still haven't heard anything from the dealership? That was almost 2 months ago but I am kind of on edge waiting to get some sort of letter saying i owe them or a collection to show up on my reports. 21 here with almost an 800 credit score, would hate to seee all my hard work go down the drain. Anyone else have some experience with this sort of situation?
Message 1 of 26
25 REPLIES 25
Anonymous
Not applicable

Re: Disputing Large Transaction (Car Purchase)

Maybe I'm missing something? Amex refunded you and you still get to keep the car? What do you mean by a negative balance then?
Message 2 of 26
Anonymous
Not applicable

Re: Disputing Large Transaction (Car Purchase)

Welcome to MyFico!! Smiley Happy

 

I would send them an email instead of waiting. You don't want to get in tangled in a nasty lawsuit. Might be worth while posting this on Avvo or a similar website.

 

This has to do more with the car dealership than Amex

 

Message 3 of 26
fltireguy
Valued Contributor

Re: Disputing Large Transaction (Car Purchase)

Be very careful here on this one... you might end up in court getting sued by Autonation. Your bra bet would have been to take the documentation from your mechanic and the car back to Autonation and ask them to check it out in their service department. Or, contact your state regulatory agency, or an experienced consumer attorney. At this point, you have a car that you did NOT pay for. And they will want their money. Just because the chargeback was successful does not mean that you have no financial liability at this point....
NFCU $60.4k/PenFed $22.5k/Commerce $15K/53 $11K/Synovus $14K/BBT $11K/CapOne $12K/DCU $7.5K/BMO $7.5K/Chase $14.5k/Cabelas $10K/ and many many more!
Total CL $398600, plus car and RV loan.
Ooh. Ooh. Getting closer to that $500K mark!
Message 4 of 26
Glen_M
Frequent Contributor

Re: Disputing Large Transaction (Car Purchase)

2 months and they haven't contacted you about returning the car?  

 

What exactly did Amex tell you was the outcome of the dispute?  I'd start with contacting them for any remaining details -- it seems highly likely that if you contact the dealership first they're going to jerk you around some more.  They sound shady.



Message 5 of 26
Anonymous
Not applicable

Re: Disputing Large Transaction (Car Purchase)

Yes they refunded the purchase to my account after they found the case in my favor did they chargeback (on Oct 1st) and because my balance is usually only like $400 I had a very negative balance. So they mailed me a check for the disputed amount (all 5k). I have the title in my name but the dealership has not contacted me yet. They are a good 7 hour drive from where I live in another state.
Message 6 of 26
Hotcoals91
Regular Contributor

Re: Disputing Large Transaction (Car Purchase)

Well i cant say i have any experience with this type of thing but whatever you do keep ALL THE PAPERWORK! And it wouldnt hurt to ask AMEX what, if anything you have to do with the car.
Message 7 of 26
JVille
Valued Contributor

Re: Disputing Large Transaction (Car Purchase)

You need to have the vehicle returned immediately to the dealer. Before doing that you need to sit down with a Lawyer and get advice and have a letter of some sort sent to this dealership. That car does NOT belong to you!
Message 8 of 26
trusty
Frequent Contributor

Re: Disputing Large Transaction (Car Purchase)

A car belongs to whomever it is titled to. So, the OP does in fact own the car.

 

If the used car dealer wasn't such a fraud, they wouldn't have lost out in the dispute.

 

The right thing to do, would be to return the car, in lieu of receiving a dealer statement and letter stating the deal has been completely unwound, and monies refunded. Naturally, an attorney for the OP should review.

  

However, knowing bad actors... it's unlikely that such a shady dealer will agree to anything.

 

Furthermore, in the real world... giving the car back might leave the OP without the car - and still a lawsuit. 

 

This is just part an parcel of capitalism, regulating itself. Oftentimes, someone has to lose out in a contractual dispute. The recourse for the party that loses out is a court of law. - Which, I don't think the dealer would have a very strong case, other than to - at best - have the car returned.

 

In light of this, I would keep the car and force the courts to resolve. Ideally, the car would be returned through a settlement negotiated by an attorney. If the dealer keeps acting in bad faith... oh well, their loss. In this case, rightfully so.

 

Message 9 of 26
trusty
Frequent Contributor

Re: Disputing Large Transaction (Car Purchase)

Also, regarding credit reporting; your obligation was to AMEX, which has been satisfied.

 

There is no basis whatsoever for the dealer to obtain a collection, as you never had a loan with the dealer. If you ever see a bogus collection, you simply forward to the credit bureau the AMEX paperwork declaring the dispute resolved.

 

In my opinion, a few thousand dollars is the small price for a dealer to pay for deliberately lying about the condition of known lemon. Further, messing with an odometer is straight up fraud. A dealer that perpetrates such fraud stands to lose a lot more than a few thousand dollars. How about their license to do business, full stop?

 

They probably perpetrate fraud on consumers so often, that they just consider it a cost of doing business.

 

Knowing that contractual disputes won't always go one way... we have to take our victories where we can get them. 

 

The way our society works is oftentimes considered to be backwards. The right thing to do is often not legally advisable, as consumers invariably end up losing out when trying to do the right thing.

 

When one is in the driver's seat... one must play the cards as they have been dealt.

 

Therefore, continue to press your advantage - and your moral high ground - to either renegotiate the deal, equivalent to the actual condition of the product; or, endeavor to obtain settlement documents totally unwinding the situation.

Message 10 of 26
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