Taking car dealership to Small claims court
Posted 07-29-2015 at 02:34 PM by Bluenlime
Went to a dealership to buy a car and after I had test drove, we agreed on a price and had a deal. I was supposed to come get the car the next day since it had to be detailed. The car was 5000 dollars and we agreed on a down payment of 1000 dollars, they ran my credit and checked all my employment information and after that I was assured I was approved through their bank. I didn't have the money right there and I was getting paid two days later from my job. The dealership told me to write them a post dated check of 1000 and that would post when I got paid. So the next morning they called me and told me their in house bank wasn't going to finance me and that I couldn't get the car. Keep in mind this is after they had told me I was already approved. So there was no deal. I DIDN'T GET THE CAR. A few weeks later I checked my account and realized they tried to cash the postdated check I wrote them even though we didn't do business. This is Harris Mitsubishi....a well known dealership. So this caused my account to overdraft and I was charged fees. I called a couple times and finally I got a hold of the financial manager. He told me he would investigate and get back to me. I'm yet to hear from him. I'm taking them to small claim court and suing them for the overdraft fees, and punitive damages. Whats your thoughts and advice? Thanks
Total Comments 2
Comments
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I am not sure how I can help with this. I would contact an attorney if you need advice so they can get all of the exact and minute details and they know the law regarding these types of things. It sure 'sounds' like you have a clear case but I sure couldn't tell you that for certain because I am not an attorney.
Curious why you would ask me this question and not go straight to an attorney?
Posted 07-29-2015 at 05:48 PM by Corn-fused
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Like Curious, why are you writing me? If you want answers to questions like this, start a NEW THREAD on the Personal Finance Forum.
Suggest you do that, anyway.
No one reads blogs.
Easiest thing to have done was to call your bank and stop payment on the check the day you were notified your financing wasn't approved. For a $25/$35 fee you would have had no damage and none of this hassle.
The day you called the manager on the overdraft is the day that dealership should have cut a refund check to you.
Because they are stalling around .....
Now - immediately - tonight - file a report with the Better Business Bureau. You can do this online. It is very easy. I've done this and had immediate results. BBB immediately notifies them about complaint.
If that doesn't work, file a claim in small claims court.Posted 07-29-2015 at 06:44 PM by Ariadne22
