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Joined: May 2001
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Contact your local consumer advocate reporter for the news station. Nothing quite like tv cameras to get their attention.
Also, keep a written record of everyone you have talked to (with date and time) and a detailed description of what was said.
Suck it Trebek! And by Trebek I mean Seaegee!
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Originally posted by my csvt:
working under the assupmtion that everything you have said thus far is entirely accurate it sounds like they have commited fraud. the problem is going to be proving this. they will have witnesses and you have none.
even if you dont have any witnesses, somebody lied (ie committed fraud). a contract which contains fraudulent material information is unenforceable (not null and void). dealerships are well known for doing shady things to get people into cars that day. the most popular one is where you get a phone call two weeks later saying that you were not approved for the interest rate the deal was made on, so youll have to pay $XX more per month. (that's an easy one if they happened to do this to you). Wells Fargo should not have approved a LOAN based on the word of a salesman. they ALWAYS run a credit check before approving a loan. they would see that you dont make the requisite income to afford the vehicle. a bank like Wells isnt exactly desperate to give out car loans, in fact, theyre usually tight-assed about them.
this is a contract case, not a civil case. although you could maybe sue for fraud. what you really want here is to be dismissed from this sales contract which is a contract case. you need to contact your state's Bar Association. they will give you a list of attorneys who will handle your case for free or on consignment. this should be an easy case for you. even if they have 100 people that say THEY didnt change the income somebody obviously did and they have a duty to check this information before engaging into a contract with a customer.
DO NOT drive the car! this could be evidence of your intent to keep it. you want to make it clear that you had no intent to buy this car and that you cannot afford it. do not attempt to sell it. especially to take a loss on it. f*ck the daily charge bs. youre not responsible for that as theyre the ones responsible for this mess. if they send you a bill (monthly payment), you may want to pay it so as not to f*ck up your credit. you can always recoup this money in court.
you need to contact a lawyer asap. like i said, call the state bar's office for a recommendation. you can also check your local phone book for an attorney who specializes in contracts cases. just call. most offer free consultations and will tell you over the phone if they do. you probably have a case to sue for the contract AND in civil court for the fraud. any attorney you consult will be able to tell you this. i can easily see punitive damages to the dealership for their conduct, which is pure gravy to civil attorneys. oh yes, if an attorney takes the case, he/she will probably send out letters immediately and file some kind of motion for all parties to cease and desist until the case goes to trial (or is settled). if the bank/lender decides to go ahead and put a negative mark on your credit anyways, well you can sue them too. 
i have had TWO dealerships try to pull bs on me and to a few friends of mine and each time i have been able to come out smelling like a rose (friends too). just dont let them bully you. that's what theyre banking on.
did you even sign the contract yet?? it sounds like you just filled out a credit application/promissory note to which they then attempt to find you a lender. if this is the case, hell, you havent signed anything yet will legally bind you because it was all based on faulty information that was material to the contracts formation.
ps youre not by ANY CHANCE under age 18 are you??? 
psx2 is this a manufacturer's dealership?? ie, Ford dealership? if so, contact the manufacturer and let them know what the dealership is up to. they certainly wont like that. call and speak to the general manager of the dealership. feel free to let him know of your plans. if possible, find out who owns the dealership. the owner definitely wont be happy to know that his employees are doing sh*t like this. its bad publicity.
typically, in every town, car dealerships are all part of an automotive "chamber of commerce" type group. they might be of some help as well. you need to start making some waves on your end. if people start calling the general manager to inquire about this, he may just sqash it before you know what hit you.
Originally posted by Tourgasm:
Sometimes you can mess up a word so bad that spell check doens't know what the hell you're talking about.
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i certainly hope it will be that easy for him and in cases like this i am always happy to be wrong. good luck.
00 black/tan svt, #2052 of 2150, born 2/1/00
formerly known as my csvt
"Nothing in the world is more dangerous than a sincere ignorance and conscientious stupidity." -Martin Luther King, Jr.
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Quote:
Wells Fargo should not have approved a LOAN based on the word of a salesman. they ALWAYS run a credit check before approving a loan. they would see that you dont make the requisite income to afford the vehicle.
Credit Checks don't show income. They can't see what you make based off your credit report. It's not uncommon for them to request proof of income (paystub) from someone though; particularly Wells Fargo. They're tight as hell with car loans.
2003 Mazda6s 3.0L MTX
Webpage
2004 Mazda3s 2.3L ATX
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There's gotta be some sort of time period you can return the car in.
What gets me is, WTF did you sign an app for a credit application on a car you didn't want to buy?? Even if you just wanted to see if you could get approved or not, you still had to more paperwork to take delivery of the car. How exactly were you pressured into that?
1999 Silver Frost SVT
#609 of 2760
Quaife, lightened SVT Flywheel, SPEC stage II clutch, removed resonator, k&n drop in - various other goodies too.
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Originally posted by TGO:
There's gotta be some sort of time period you can return the car in.
nope, not in this case. refer to the link i provided earlier
00 black/tan svt, #2052 of 2150, born 2/1/00
formerly known as my csvt
"Nothing in the world is more dangerous than a sincere ignorance and conscientious stupidity." -Martin Luther King, Jr.
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Joined: Sep 2003
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Originally posted by TGO:
There's gotta be some sort of time period you can return the car in.
What gets me is, WTF did you sign an app for a credit application on a car you didn't want to buy?? Even if you just wanted to see if you could get approved or not, you still had to more paperwork to take delivery of the car. How exactly were you pressured into that?
I'm guessing he isn't used to situations where a lot of people are pushing you to do one thing, and you have nobody watching your back.
this is an unfortunate situation and i hope you can get it resolved, it definately sounds like they commited fraud 
however, dealerships are there to make money, and because a lot of people do just go to them to test drive cars and not commit to anything, they are usually places that will try to do everything they can to pressure you to buy a car. Always bring a friend or a family member, or a couple of them.
Goonz12: <---tries on mommy's cloths
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OP
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As I said before I ultimately made the poor decision of getting myself in this mess to begin with. Also, when the dealership was under previous ownership they were pretty laid back with no pressure at all and I had gone multiple times with no intent of ever purchasing a vehicle and I guess this time it really came back and bit me in the ass.
The first car I ever financed and purchased my father was with me to make sure I wasn't just getting f--ked over. The second time I ever really dealt with dealership (with a legitimate intent to purchase) was when I tried to trade that car for an SVT. That time the dealership said I had approved and I could take the car home that night, but my father would not let me until it was actually confirmed that I approved... and I ended up not really approving and if I would have taken the car home like I wanted and the dealership stated I could I would have been stuck paying their stupid fees for having the car in my possession. That is why the day after I got the car I tried to leave it with the dealership until it was confirmed that I approved. I did not hear until about two weeks later that I had approved and I was calling the dealership pretty regularly to try to get this infomation because I wanted to inform the financial institution that they may have receieved false information. And Wells Fargo has not really been much help at all. Every time I call I get someone new, there is not one consistant person who will assisst me in all this from there. What it is a is big mess and most likely the most ignorant thing I could have ever gotten myself into. The thing that gets me is I received a number of letters in the mail from different financial institutions stating they would not approve me for this loan after they told me a particular financial institution they were going to go with. I want to know how many places they actually tried and how many different amounts they said I made before Wells Fargo finally got a hold of it and approved it. And the amount they said I made is so outrageous especially for someone like me (a 20 yr old who lives at home with his parents with no HS diploma or a GED). Wells Fargo is under the impression that I make more a year than my managers did.
If my father was still able to go to dealerships and look at cars with me I would have never gotten into this situation. That's why when I finally did buy my SVT I bought it from an older couple rather than going to a dealership because I wanted to be able to actually inspect every detail of it and not be pressured by salesmen and get the best deal for it which I did on my own but it was a whole different ballgame since it was a private party sale. If I could talk my dad into going to dealership I'm sure he'd have some words for them and this probably would have been cleared up the next day but because of his medical situation he doesn't like to go out in public. Also I think he's putting it all on me because it really is a learning experience not to get myself in situations like this and he has had to deal with high pressure salesmen and knew when to just walk away. He tells me every day I need to figure out what they did wrong and how to use it against them or to sell the car and even potentially take a lose for it because there's no way I can afford it right now.
As for driving the car I have driven back and forth between the dealership when I was trying figure out whether I really approved, I have driven it to get emissions and to my insurance place. For a little bit I was driving it around just being stupid because it was something different. Nothing major, just to the local convience store, but since I have not driven it. It just sits in front of my house collecting dirt.
For the most part I have been cooperative with everything such as getting emissions and insurance. EXCEPT... I did stop a check that the dealership had though because they wanted to hold it and the second day I went in they expected me to pay them 500 dollars which the check was for. I refused to pay though and then I put a stop on the check which last week they did try to cash but it was rejected. The first payment is due on the 4th and when I speak to an attorney I am going to ask whether or not I should pay that. Tomorrow (or today better) I am going once again try to speak to wells fargo and look into the things that were suggested and contacting an attorney. And maybe if I make some progress on getting rid of this headache of a car I might go work on my two credits of independent study I need to graduate since I am still in between jobs.
I truly want to thank everyone for your suggestions and advice. And yes I know I am a stupid kid and I would not survive in the real world!
~98 Contour SVT E0 Silver Frost
*04 6 spoke SVT Focus Wheels
~03 SVT Cobra
*All stock (for now).
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Oh a concern I did have was about "Binding Commercial Arbitration Agreement." I don't really know what it is but I heard something on the news when they had a similar story that if you signed one of these you can't sue if the deal doesn't go through. But if I did sue it was because the deal go through...fraudualantly, so I'm not sure given the specific details of everything I have a loop-hole for pursuing them civilly
~98 Contour SVT E0 Silver Frost
*04 6 spoke SVT Focus Wheels
~03 SVT Cobra
*All stock (for now).
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RE the binding arbitration...that keeps them out of court and allows an arbitrator (such as from American Arbitration Association) handle it. Have you contacted Ford Motor Credit Company? If not, you should. They need to know that this is happening...they may be doing it to others too and need to be shut down by FMCC. FMCC can sue them for this (I worked at a law firm that handled cases for FMCC and something similar came up there). When you contact FMCC see if they have any certain attorneys in your area that may be able help you. This isn't against FMCC...its against the individual dealer. You do need legal help tho. Attorneys have ins and outs that we don't and generally can get the crap solved. Do you have a copy of your application where they made the change? They have to provide you a copy of this so if you don't go ask for it. (Even if you don't the attorney you contact will request the info from the dealership so one way or the other they have to give up the goods...even if it needs to be subpoenaed). In the meantime tho definitely contact FMCC (main office) and make a complaint...also document everything! Good luck and keep us posted!!
01 Cougar Sport - Dark Shadow Gray "Never put off until tomorrow what you can do the day after tomorrow."
LB&RB
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