Bad Auto Dealer Help!

[crybrynt1975]

I signed a contract on May 31, 2008 for a new Dodge Ram; my first payment was due 7/15/08. By July 1st I hadn't received any information about who secured my financing, so I contacted the dealer and was told American First credit union. I called the credit union and they told me I didn't have a loan with them, I than starting to receive collection calls for the truck I traded in saying I was behind 2 months on my payments. I called lhm dodge about this and they said oops we forgot to send the payoff check. A couple of days later I called my former loan holder and they told me the trade was paid off. I went back to the dealership on 7/14 to see if I could get to the bottom of the issue, I spoke with the finance director Mr. Mike Richards and he stated he just finished my paperwork……… my contract stated 10.99% for 84 months at a payment of 791/mo. The paperwork he pulled out was at a payment of 898/mo, I informed him that wasn't what we signed upon and I didn't receive a letter within 10 day of May 31 stating the dealer couldn't find me financing, so I wanted to have the offer rescinded. He stated to give him a few weeks and he would find me financing at the rates we signed upon and when he did he would change the contract so my payment wouldn't be due for another 45 days. On Aug 18 I get a call from the dealership my paperwork is ready to be signed, so I headed down there. They informed me Mr Richards no longer worked there and they weren't responsible for his actions the paperwork they pulled out was the one I refused earlier for 898/mo. They told me if I didn't sign the paperwork I would be charged with milage and because my trade in allowance was 12,900 and my amount owed was 10,000 on my trade I would end up with no vehicle by time they took their 10,000 back and added up my charges. They had me at this point I have a family of 5 included a infant and I could be without a vehicle. They backdated the paperwork to May 31 and I signed it, with 1350.00 down. Finally thought the ordeal was over!!! On Sept 7 I again received another call they cant find financing because from May 31 to Sept my credit score dropped. The dealership again didn't sent me a 10 day letter of not being able to provide financing. I was told to try and find a co-signer or my own financing, which I couldn't do I want to return the vehicle and receive my down payment and trade in allowance back. Please help

 

[jalancast]

That's a tough deal for sure.

I have to say this is incredibly sloppy - I worked in dealerships for years and this NEVER would have happened without someone getting fired. Perhaps that's what happened the old finance person. Anyways...

First of all, since they paid off your old vehicle, you're not entitled to your old vehicle. You're only entitled to whatever equity you had minus the use of the dealer's vehicle (the one you've been driving). The "use of the dealer's vehicle" clause isn't going to work out in your favor - they'll charge you $50 a day and $0.50 a mile (or whatever the legal max is in your state). Whatever equity you had and whatever money you put down is likely gone if you walk away from the deal.

Here's the bad news:

- According to the bank, you're driving a vehicle that you can't afford (hence you're having trouble getting a loan). The dealership should have called you 3 days after you took delivery and told you that you couldn't buy the car you wanted. That would have been the right thing to do for both parties.

- I hate to stick my nose where it doesn't belong, but it doesn't seem like a man with a family of 5 should be stretching his budget to buy a brand new truck. Can you make due with a smaller car? That might be best for everyone.

Here's the good news:

- When a dealership rolls a car for 90+ days and doesn't get financing arranged, that means they're DESPERATE to make a deal. Really desperate. Like "let's loose $5k so we can put this deal behind us" desperate.

My advice is to stick to your guns and see what you can do to get them to honor the last set of papers you signed. If they threaten to take your truck back, it's time to raise hell. First call your local dealer board, then talk to Dodge, then start calling the better business bureau, local tv, etc. Make a big stink and they'll give in.

Normally I'm not a fan of advocating this "screw the dealer" philosophy, but they've got it coming to them. They were so desperate to sell you a new Dodge truck that they completely lost sight of good business practices.

Hope that helps.