legal help needed!!!!!
Nov 4, 2005, 11:41 AM
#16
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Loan amount sounds correct. I think the dealer is trying to hit you with a dealer mark-up that you may or may not have signed. I do not believe Nissan Corporate is involved, since they financed you for what sounds like the correct amount.
Nov 4, 2005, 12:55 PM
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You sign paper without reading them? Shouldn't you have a copy of everything? I been buying cars for 10 years. Never once I didn't get a duplicate copy of all the paper work I have signed. If you have the paper work, better go through them very carefully and see if the numbers are correct. Never take anything verbally.
Btw, I financed a complete $27000 and my monthly payment is $530 @ 5 year plan.
Btw, I financed a complete $27000 and my monthly payment is $530 @ 5 year plan.
Nov 4, 2005, 01:43 PM
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You need to find out how much you still owed on the car you were trading-in. You also need to find out the price of the car you're buying. You already know how much you're getting on the trade-in. It's all math from there.
Unless your car is already paid off at the time of trade-in, the dealer needs to account for whatever amount you still owe and they work that into your total balance. I bet they didn't tell you that, and just said we'll take your car and give you $5800 for it. The extra $4k could be what's left on you loan (what you still owe on the old car). They could have done this to lure you into the deal.
Or if I misunderstood your original post, they're just trying to rip you off!
Unless your car is already paid off at the time of trade-in, the dealer needs to account for whatever amount you still owe and they work that into your total balance. I bet they didn't tell you that, and just said we'll take your car and give you $5800 for it. The extra $4k could be what's left on you loan (what you still owe on the old car). They could have done this to lure you into the deal.
Or if I misunderstood your original post, they're just trying to rip you off!
Nov 4, 2005, 02:17 PM
#20
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yeah never leave without copies of the papers you signed. they will never answer your call, and even if they did it wouldn't stand in court as they would surely deny speaking with you. and cell phone bills with 20 min calls to the dealership does not show anyone spoke with you or what you spoke to them about.
first find those papers. if you signed off on paying 4gs and the 21k loan you are screwed, no matter how much they screwed you. the law does not protect bad decisions. if they deceived you that is fraud, then you have a case. and a good one at that if you can show prior history of them doing the same thing. if you establish that you will win eventually.
i would also write a certified letter to the dealer asking for all documentation you have not received from them. certified letters need to be signed for by the dealer and that means it is gravy in court. baased on what you signed i would send another certified letter detailing the situation. they will hopefully reply with another letter stating their side. then you can hammer out the details with the lawyer you need to hire.
i don't know about what your parents can do. i also don't know who is on the title of the car. but it seems to me if they had interest or ownership in the car they would need to consent to its sale. if your name is on the title, i am not sure they are needed to sell it. b/c i don't think cosigning is ownership, i think it is just taking responsility if you default on your loan. that is something to ask your new best friend (insert your lawyer's name hear). good luck.
first find those papers. if you signed off on paying 4gs and the 21k loan you are screwed, no matter how much they screwed you. the law does not protect bad decisions. if they deceived you that is fraud, then you have a case. and a good one at that if you can show prior history of them doing the same thing. if you establish that you will win eventually.
i would also write a certified letter to the dealer asking for all documentation you have not received from them. certified letters need to be signed for by the dealer and that means it is gravy in court. baased on what you signed i would send another certified letter detailing the situation. they will hopefully reply with another letter stating their side. then you can hammer out the details with the lawyer you need to hire.
i don't know about what your parents can do. i also don't know who is on the title of the car. but it seems to me if they had interest or ownership in the car they would need to consent to its sale. if your name is on the title, i am not sure they are needed to sell it. b/c i don't think cosigning is ownership, i think it is just taking responsility if you default on your loan. that is something to ask your new best friend (insert your lawyer's name hear). good luck.
Nov 4, 2005, 02:35 PM
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talked to the manager...he's confused...and he's sending my paperwork ASAP.
i'm pretty sure they just gave me a $4000 markup at this point...which is deceptive and misleading. i filed a report with the BBB...and my demands to resolve were to waive the $4000 or legal action will be taken
i need a lawyer
i'm pretty sure they just gave me a $4000 markup at this point...which is deceptive and misleading. i filed a report with the BBB...and my demands to resolve were to waive the $4000 or legal action will be taken
i need a lawyer
Last edited by gb_junkie; Nov 4, 2005 at 02:39 PM.
Nov 5, 2005, 09:25 AM
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Your sales contract has everything on it. Go read it. You signed it.
Originally Posted by gb_junkie
hi. i bought my used evo (with 10800 miles) on september 29, 2005 from North Texas Nissan in Corinth, TX. This was my first car buying experience...definetely my last with them! I bought the car out the door for $27,400 (including tty). I traded in my old car for basically $5800. So $27400-$5800=$21600 is what my loan was for is what i later figured out. I was paying around $400/mn. for my old car and still had payments to make for it, but they gave me a really good deal on my old car...they paid it off and used the rest ($5800) as my downpayment. So while we're dealing and throwing #'s around they somehow tell me that I owe an extra $4000 towards the downpayment of the car. I didn't think much of it at the time...because I trusted the dealer. I tried asking about the terms...and they would say is that it's the same as my old car (60month's of car payments $ $400/mn) and that I would receive it in the mail shortly. shady, but I was excited about my evo!! Anyhow, weeks later I get my first car payment bill in the mail...it reads $397.42. During this time I apply and get the $4000 loan for the downpayment I also notice that the loan amount I had to pay off was for $21600. So where is this $4000 coming from???? So I call Nissan Corporate (the givers of my loan) and they tell me my terms...72 months @9.5%. I was a bit irretated by this (since the dealer said something else). But me and the person on the phone start crunching #'s...and NONE OF US SEE WHERE I HAVE TO PAY an extra $4000. So I go online to a payment calculator and put in all the#'s:
Car Price: $27400
Downpayment: $5800
Loan Amount: $21600
Term: 72 months
APR: 9.5%
and i get $397.42/month...which is what i am paying now w/o that extra $4000 i owe them.
so weeks passed, the dealer NEVER returned any of my calls (I called over 20 times). At this point, I started hearing horror stories of how shady North Texas Nissan is.
yesterday I finally get a call from them saying that I still owe $4000 on the car. I proceed to tell them that I talked to their corporate office and they said I don't owe anything. I run the numbers with them...and they tell me that it goes towards the equity??? and without that $4000 my payments would have been around $600/mn. then they start threatening me with a lawsuit...so at this point I go off on them!They kept changing their story...one minute they say that the $4000 is going towards my downpayment, next minute they're saying it has nothing to do with Nissan Co...but that I signed a piece of paper saying I would give $4000 to them. they kept saying..."well you signed the promisary note...so you owe us(as in the dealer) $4000." Also on the phone they start trying to get me to admit to signing the paper...asking loaded questions. I am furiuos at this point! I have never seen such misconduct from a dealer! by the time I get off the phone with them THEY TELL ME THAT THEY RECORDED EVERYTHING I SAID...this was w/o my knowledge or consent!
Mind you, up to TODAY i have received NO paperwork for my car from North Texas Nissan...including all the papers I signed. I have a letter from the DPS saying that the car is under my name. The dealer also paid off my old car...like they promised. BUT...my old car was a co-signed car with my parents. North Texas Nissan NEVER sent a letter to my parents saying that it was okay to sell my old car! (it was okay with my parents fyi). Also, the dealer promised $17000 trade for my old car...but gave me $16500!
I already called the Nissan Corporate and filed a complaint with the BBB...what else should i do??? I am a 20 yr. old college student...should i take legal action under the misleading sales practice/deceptive trade acts law?
Car Price: $27400
Downpayment: $5800
Loan Amount: $21600
Term: 72 months
APR: 9.5%
and i get $397.42/month...which is what i am paying now w/o that extra $4000 i owe them.
so weeks passed, the dealer NEVER returned any of my calls (I called over 20 times). At this point, I started hearing horror stories of how shady North Texas Nissan is.
yesterday I finally get a call from them saying that I still owe $4000 on the car. I proceed to tell them that I talked to their corporate office and they said I don't owe anything. I run the numbers with them...and they tell me that it goes towards the equity??? and without that $4000 my payments would have been around $600/mn. then they start threatening me with a lawsuit...so at this point I go off on them!They kept changing their story...one minute they say that the $4000 is going towards my downpayment, next minute they're saying it has nothing to do with Nissan Co...but that I signed a piece of paper saying I would give $4000 to them. they kept saying..."well you signed the promisary note...so you owe us(as in the dealer) $4000." Also on the phone they start trying to get me to admit to signing the paper...asking loaded questions. I am furiuos at this point! I have never seen such misconduct from a dealer! by the time I get off the phone with them THEY TELL ME THAT THEY RECORDED EVERYTHING I SAID...this was w/o my knowledge or consent!
Mind you, up to TODAY i have received NO paperwork for my car from North Texas Nissan...including all the papers I signed. I have a letter from the DPS saying that the car is under my name. The dealer also paid off my old car...like they promised. BUT...my old car was a co-signed car with my parents. North Texas Nissan NEVER sent a letter to my parents saying that it was okay to sell my old car! (it was okay with my parents fyi). Also, the dealer promised $17000 trade for my old car...but gave me $16500!
I already called the Nissan Corporate and filed a complaint with the BBB...what else should i do??? I am a 20 yr. old college student...should i take legal action under the misleading sales practice/deceptive trade acts law?
Nov 13, 2005, 06:07 PM
#24
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still have received NO paperwork whatsoever...nissan co. got on their ***, but couldn't take it any further than a "slap on the wrist." i was out of town for awhile...so i guess i'm lawyer hunting now!
Jan 19, 2006, 02:33 PM
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FINALLY AN UPDATE!!!
okay so basically the sons of *****es filed suit against me in a smalls claim court (which makes no sense) in late December for $4000. This came as a big surprise, since they called two weeks beforehand saying that they would send me my paperwork. So i go to my lawyer, he types up a response saying that this lawsuit is irrelavent, but the ****** at the dealer set up a courtdate for January 31st. Great!
so during this ordeal my car starts acting funny (again). there's a very audibe whine coming from the transfer case from 2nd-5th gear. i take it to the local Mitsu dealer, they get the service rep manager to look at the car. they call me back a few days later and tell me THAT MY WARRENTY IS VOID BECAUSE MY CAR (THAT I BOUGHT W/O A SALVAGE TITLE) HAS BEEN IN A MAJOR FRONT END ACCIDENT AND THAT THE UNIBODY FRAME HAS BEEN REPATCHED!
so i tell them about my lawsuit. going out of their way (Fazeli Mitsubishi in Mesquite, TX), they prepared an official document stating that my car is salvaged and that they refuse to work on it because of that. they also included detailed pictures.
so that's where i am at now! MORE TO COME!!
okay so basically the sons of *****es filed suit against me in a smalls claim court (which makes no sense) in late December for $4000. This came as a big surprise, since they called two weeks beforehand saying that they would send me my paperwork. So i go to my lawyer, he types up a response saying that this lawsuit is irrelavent, but the ****** at the dealer set up a courtdate for January 31st. Great!
so during this ordeal my car starts acting funny (again). there's a very audibe whine coming from the transfer case from 2nd-5th gear. i take it to the local Mitsu dealer, they get the service rep manager to look at the car. they call me back a few days later and tell me THAT MY WARRENTY IS VOID BECAUSE MY CAR (THAT I BOUGHT W/O A SALVAGE TITLE) HAS BEEN IN A MAJOR FRONT END ACCIDENT AND THAT THE UNIBODY FRAME HAS BEEN REPATCHED!
so i tell them about my lawsuit. going out of their way (Fazeli Mitsubishi in Mesquite, TX), they prepared an official document stating that my car is salvaged and that they refuse to work on it because of that. they also included detailed pictures.
so that's where i am at now! MORE TO COME!!
Jan 19, 2006, 03:16 PM
#29
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Originally Posted by gb_junkie
FINALLY AN UPDATE!!!
okay so basically the sons of *****es filed suit against me in a smalls claim court (which makes no sense) in late December for $4000. This came as a big surprise, since they called two weeks beforehand saying that they would send me my paperwork. So i go to my lawyer, he types up a response saying that this lawsuit is irrelavent, but the ****** at the dealer set up a courtdate for January 31st. Great!
so during this ordeal my car starts acting funny (again). there's a very audibe whine coming from the transfer case from 2nd-5th gear. i take it to the local Mitsu dealer, they get the service rep manager to look at the car. they call me back a few days later and tell me THAT MY WARRENTY IS VOID BECAUSE MY CAR (THAT I BOUGHT W/O A SALVAGE TITLE) HAS BEEN IN A MAJOR FRONT END ACCIDENT AND THAT THE UNIBODY FRAME HAS BEEN REPATCHED!
so i tell them about my lawsuit. going out of their way (Fazeli Mitsubishi in Mesquite, TX), they prepared an official document stating that my car is salvaged and that they refuse to work on it because of that. they also included detailed pictures.
so that's where i am at now! MORE TO COME!!
okay so basically the sons of *****es filed suit against me in a smalls claim court (which makes no sense) in late December for $4000. This came as a big surprise, since they called two weeks beforehand saying that they would send me my paperwork. So i go to my lawyer, he types up a response saying that this lawsuit is irrelavent, but the ****** at the dealer set up a courtdate for January 31st. Great!
so during this ordeal my car starts acting funny (again). there's a very audibe whine coming from the transfer case from 2nd-5th gear. i take it to the local Mitsu dealer, they get the service rep manager to look at the car. they call me back a few days later and tell me THAT MY WARRENTY IS VOID BECAUSE MY CAR (THAT I BOUGHT W/O A SALVAGE TITLE) HAS BEEN IN A MAJOR FRONT END ACCIDENT AND THAT THE UNIBODY FRAME HAS BEEN REPATCHED!
so i tell them about my lawsuit. going out of their way (Fazeli Mitsubishi in Mesquite, TX), they prepared an official document stating that my car is salvaged and that they refuse to work on it because of that. they also included detailed pictures.
so that's where i am at now! MORE TO COME!!
HOLY ****! With that proof you can get that car and a new one for free! At the very least! Furthermore, i wouldn't even worry about the court thing because not only does this completely discredit them, but they sold you the car without the $4000, so they can suck us off for all i care. The transaction already ended...I'm not going to state where i used to work because the owner is a good guy, but when our clients wouldn't sign a paper we would simply make our way over to the copy machine...
And **** like this used to happen all the time, and clients would give into our demands, while truth be told they could have told us to F off and changed their phone # and we couldn't do a thing about it.This is easily in your favor, and tell your lawyer to have a field day with this one.
Let us know how your new IX is.
Jan 19, 2006, 03:45 PM
#30
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My lawyer and I are trying to make this as painful as possible for North Texas Nissan. These are the demands I think is fair:
1. pay off the ~$20000 i still owe on my now salvaged Evo
2. give me enough money for a new Evo (stating that this is my "dream car" and i saved a bunch of money to get my used one)
3. have enough left over to pay the lawyer
typically in cases like this, you are elligable to get 3x the amount you paid for the car which is ~$80,000.
But we are anticipating that their lawyers will pull the "they didn't know the car was wrecked" card
Thankfully, through the BBB, it is easy to prove that they run a scam.
Furthermore, I met someone that used to work at North Texas Nissan, and has first hand accounts of their shrewed business ethics (hopefully he will testify)
1. pay off the ~$20000 i still owe on my now salvaged Evo
2. give me enough money for a new Evo (stating that this is my "dream car" and i saved a bunch of money to get my used one)
3. have enough left over to pay the lawyer
typically in cases like this, you are elligable to get 3x the amount you paid for the car which is ~$80,000.
But we are anticipating that their lawyers will pull the "they didn't know the car was wrecked" card
Thankfully, through the BBB, it is easy to prove that they run a scam.
Furthermore, I met someone that used to work at North Texas Nissan, and has first hand accounts of their shrewed business ethics (hopefully he will testify)