Auto Loans Credit union does not have original documents - scammed by dealer?

usernane

New Member
Ok so 3 years ago I purchased a vehicle. When I went in to purchase the vehicle the seller had all these extra taxes and fees he added to the final drive away price of the car I just assumed were normal (naive me, I should have known better) - one main thing was the "Autocheck" price was listed higher than the actual bluebook value of the vehicle, I should have paid more attention but of course slick talking fast rushing dealers got me to agree to their terms at first, I put down 800, which was what we had originally agreed to over the phone, but with all these added fees the dealer said they would need more for my downpayment. They said they could let me drive away that day but I would need to return the next week with an additional $400. I agreed at first, but after two days I figured I was getting hosed and I called the dealer and informed them I would be returning the vehicle because I could not afford it.

They told me to go back down and talk to them and they could fix the situation. They could lower the payments, lower the price and I would just need to bring back the original paperwork and I would not need to make the additional down payment. They said they would work their magic and that I would not need to worry about it, the only thing is that there will be a new company that I will be making my payments to and that I would find out who I was making my payments to in the next few days.

I never signed anything and I didn't know who I was making my payments to until I received a bill from the Credit Union. I made payments as per my agreement but I always felt like something was up since I did not sign an agreement. I assumed I was going to get something in the mail but I never received anything for almost two years.

Recently I fell on hard times and I missed a few payments. I called the credit union and asked if it was possible to maybe lower the payments or if there was any way to restructure my agreement with them and they said there was nothing they could do and if I wanted to voluntarily surrender the vehicle. I then asked if I could get a copy of the terms of our agreement to see what the terms were that I supposedly agreed to (I just assumed there was a clause that would speak of something like this) and that's when they began to ignore me and just simply demanded that I voluntarily surrender the vehicle. I was consistent on asking for these documents and after two weeks, they referred me to their lawyer and she was finally able to provide very terrible copies of the documents, with totally different handwriting than mine (you can totally tell it was written by someone else) and supposedly my signature at the bottom. PLUS all the information was false, It said I was making more money than I actually was and had another outside source of income besides my job. (probably so I could qualify for that loan)
I then asked to see if I could see these documents in person and see if they actually were indeed signed by me and the lawyer said she could no longer accommodate any of my requests and when I would be surrendering the vehicle. She is now ignoring my request to see the documents in person. The response time is usually 3-4 days after I write or call them so this is dragging on longer than it needs to and they just keep giving me the run around when I ask for answers.

I believe they do not have an actual copy of any agreement with my signature. I know the dealer forged my signature and my information they have or they just have a copy the dealer faxed to them on file and they do not actually have any real documents with my signature.

My questions are:
What do you think I should do now?
Is this a valid agreement anyway even if they do not actually have anything with my signature on it? Just a copy of an agreement they received from the dealer?
Can I get my money back if that is the case? or the title of the vehicle?
How can I see these documents in person to prove this is correct?
Is there something I can do about them withholding this information from me when I request it?
Once I have the proof, what to do now? return the vehicle to them and request a refund? ask for the title since there is not set terms to this agreement?
Also my credit, if we did not have a valid agreement then they should have not been able to report on my credit as well, what can I do about that?

Do you think it is possible that the first loan I applied and was accepted for would still be on file with that bank? Then maybe we could compare signatures and see if they used any information that would be different to what they put with this new credit union? I am going to ask tomorrow.

I'm asking for every document possible and the dealer was no luck and he just ignores me and does not return my calls. The only thing I have from the original first agreement is a receipt for the down payment with the first price that we agreed on that is $3k higher than what is on the current contract.


Thank you in advance for your suggestions. I appreciate it.
 
Even if the dealer did at one time present original documents to the credit union, it's unlikely they would still exist as most banks and credit unions will only keep scanned copies. Regardless, I suggest you meet with a lawyer, especially since the credit union has involved their lawyer. It's just usually better to let lawyers talk to lawyers in my experience. This sounds way more complicated than anyone here can really advise you on, if the things you suspect turn out to be true.
 
The cost of a lawyer may well exceed the price to pay off the vehicle. The dealer should have the original and there is a lien on the vehicle. The Credit Union is not required to cooperate.
 
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