Issue with Bad Check

[Mistaken]

Please help,
My Husband and I went to purchase a used SUV. We were asked to put 2000 down. When I said I would not have the full amount right the salesman stated I could write a post dated check and they would hold it for a later date and then I come and bring them cash.

Initially a bank financed my Husband and I, but another bank offerred a better deal, so the dealership went with the better deal. When the salesman did this, it changed our first car note date to a sooner date than the other bank. When I told the finance manager that we would not be able to pay them 2000 and the car note in the same week plus it was the holidays he said that would be no problem the salesman will take the deposit at a later date just talk to him. I talked to the salesman and he said that would be no problem, he also said he understood and we could bring it in three weeks after the initial date. So we trusted the salesman and to our surprise the salesman deposited the check on the initial date we discussed and it bounced. I was notified by Cross check that they have the check now and they have been harrassing me every since. I even told the guy at Cross check that I will be able to pay it the same day I told the salesman, he screamed and said it is nto acceptable and told me I need to borrow the money from an outside source. He even called me a liar and said I wrote a bad check it is a federal offense, so my Husband took the phone, and the guy started screaming at my Husband. Now they have called the headquarters to my place of work. I do not know what to do.

I tried speaking with a manager and was given the run around as well as they were very rude.

What can I do?

I am in Houston, TX

 

[Michael Wechsler]

I'm sorry to hear about your mess. It is a federal offense to write a check knowing that you will not have funds in the account to pay for them. The circumstances might be different here and I would argue that the agreement was that the check there would not have been insufficient funds to pay on the day that both parties agreed the check could be cashed and no earlier. Unfortunately it isn't a good idea to leave a check out there with a date when there isn't sufficient funds in the bank, regardless of your agreement.

Let's start with understanding exactly what happened here. Who is Cross checking? Did you have an agreement that the check would be cashed 3 weeks later than the date on the check? If we are talking about a 3 week delay then all should be able to be remedied to everyone's satisfaction shortly -- are we missing something here? If it's that simple, I might write a letter, send via fax and mail (or better certified return receipt) verifying the conversation that you had with both the manager and the salesman with regard to the postdated check. I might state something along the lines of reporting them to the Better Business Bureau for fraud, etc.

This isn't an easy situation. Rule of thumb -- salesmen will do ANYTHING they can to get you to bite and leave something in their hands to induce you to buy. Most of the time you can get the same deal later but they'll require you to put down some small amount of money -- anything -- just to require you to come back into the store and also make you feel a hassle in getting out of the agreement. Wonder why stores may require a $25 REFUNDABLE deposit on a $1,000 item? Yes, to get you to come back to the store so they can convince you to buy if you decided not to.

Note: If you do modify agreements, get ALL your modifications in writing if you can. If they are verbal, send a fax very soon thereafter "memorializing" the verbal agreement that you made earlier.

Good luck and let us know how this turns out.

Please help,
My Husband and I went to purchase a used SUV. We were asked to put 2000 down. When I said I would not have the full amount right the salesman stated I could write a post dated check and they would hold it for a later date and then I come and bring them cash.

Initially a bank financed my Husband and I, but another bank offerred a better deal, so the dealership went with the better deal. When the salesman did this, it changed our first car note date to a sooner date than the other bank. When I told the finance manager that we would not be able to pay them 2000 and the car note in the same week plus it was the holidays he said that would be no problem the salesman will take the deposit at a later date just talk to him. I talked to the salesman and he said that would be no problem, he also said he understood and we could bring it in three weeks after the initial date. So we trusted the salesman and to our surprise the salesman deposited the check on the initial date we discussed and it bounced. I was notified by Cross check that they have the check now and they have been harrassing me every since. I even told the guy at Cross check that I will be able to pay it the same day I told the salesman, he screamed and said it is nto acceptable and told me I need to borrow the money from an outside source. He even called me a liar and said I wrote a bad check it is a federal offense, so my Husband took the phone, and the guy started screaming at my Husband. Now they have called the headquarters to my place of work. I do not know what to do.

I tried speaking with a manager and was given the run around as well as they were very rude.

What can I do?

I am in Houston, TX