accidently paid of trade

[christinawright]

A dealer that has done us very wrong and cashed all the checks(including the "new" loan from our bank which are returned by now) involved in a car deal trading in our "upside-down" car and backed out of car deal after saying the car we were trying to buy was broken beyond repair (to expensive to fix) paid of our third party loan after everything happened, the third party said our accounts are paid of and closed. They do legally owe our car now? What can they do to us?
Also the car be were trying to buy broke down/shut of on my husband on the middle of the interstate before the deal was done(checks handed over) that's why we had not legally purchased the broken car put him in a very dangerous situation that's why the agreed to fix this car at no cost to us.

 

[mightymoose]

So what exactly is the question?
How long ago did all this happen?
Do you still have the vehicle?

 

[christinawright]

Yes, in our drive way. We still have insurance on it but have not driven it since we found out. We contacted them Saturday as soon as we found out and it is 12.45 p.m. now and they still have not got back with us as they said. We checked with our bank if the check on car loan on the car we were trying to buy was returned as they said they would and as for this morning it was not. This bank was informed about the car deal being called of and their check was supposed to be fedexed by the dealers bank who cashed it back to them. We never took possession of the dealers car because they told us it was beyond repair and "done". Well the question is what is our legal standing, we know they have to return that other check/car loan money because they never should have cashed it but what about our payed of trade is it legally theirs now? Is it fraud if they do not return the check that our bank issued on a loan on a deal that was called of by them?

 

[christinawright]

Deal was called of last Tuesday, checks cashed after that, we canceled all extended warranties and gap on the trade because they told us Monday we were "good" on the deal and were going to get the car "fixed" and back to us in the next couple of days. Than Tuesday the phone call that the deal was of because the car was to expensive to fix,(the opposite of what the sales managers and the mechanics have been telling my husband before).At this point they have already cost us money so many 45 min -1 hour trips to Nashville to deal with them (we live on FT Campbell,KY) and so much stress and anxiety. We feel helpless and simply do not know ho to deal with a very large company like that and what the law says.

 

[christinawright]

Apparently Toyota financial calls your account closed without the check from the dealer clearing. As soon as a check comes in Toyota financials computer system calls your account closed and then when the check clear's the deal is finally done. I just drove 120 miles round trip with two vehicles only to find out that the check was sent but later cancelled but my account is still closed out and I still have my vehicle. Dealer wins again.