Thread Title...

C

C-Note

Member
Jurisdiction
California
A year ago, I put 2200.00 down on a car with a dealership after filling out an application with them. The dealership found a bank to finance me and I received the contract, which shows the agreement in which I make payments of 200.00 per month.

I recently had my car repossessed even though I was current on payments. I called the bank and asked them why they repossessed my car and they told me that my application was fraudulent. They said my place of employment was false and because of that, they couldn't determine what my income was.

I requested a copy of the credit application they told me was false and they complied. It turns out that the dealership falsified all my information on a new application and then submitted it after they forged my name! I believe that makes the contract I have with the bank, moot!

I asked the bank to refund the money I paid in payments during the last year because a fraudulent contract didn't make me liable to make payments on the car. I also think the dealership owes me my down payment back as well. I went to a couple lawyers but they don't want to help me unless I give them up front money. What can I do?
 
C-Note said:
I thought that since I have a pretty good case, a lawyer would take it up on Contingency.
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A good case for what? For getting your money back? How does that benefit an attorney? Getting a third of your award (if you win) will amount to a whopping thousand dollars or so for an attorney. That's plain silly.

If you're thinking you're going to get pain and suffering or punitive damages you are delusional.

Oh, and if I was you I'd report this to the police. Forgery is a serious crime which they may want to look into.
 
Highwayman said:
A good case for what? For getting your money back? How does that benefit an attorney? Getting a third of your award (if you win) will amount to a whopping thousand dollars or so for an attorney. That's plain silly.

If you're thinking you're going to get pain and suffering or punitive damages you are delusional.

Oh, and if I was you I'd report this to the police. Forgery is a serious crime which they may want to look into.
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The last time I looked, a cause of action for Fraud against the dealership allows punitive damages on top of getting my money back. I'm thinking also that after arguing with 3 different agents of the bank, who all accused ME of submitting a Fraudulent application, constitutes Defamation per se. So, on top of the fact the bank illegally took my car, I have a Defamation claim against them. Doesn't sound so delusional to me! Thanks anyway, but I'll have to draft a Demand Letter to the bank and the dealership or attempt Pro Se litigation, since the lawyers won't help. :(
 
Update: I drafted and sent a Demand Letter to the Legal Dept. of the Bank who illegally repossessed my car and an Attorney got in touch with me! He offered to give me back all the payments I made over the last year and he would talk to the Dealership about giving my 2200.00 downpayment back. I requested and received 2 weeks worth of car rental on top of everything else.

Now I have enough for a good down payment on a car and will check out a couple reputable dealerships during the next few days. Thanks for the advice!
 

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