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#1 |
Grrrrrrrrr
Industry Role:
Join Date: Oct 2002
Location: Dreamland
Posts: 4,974
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My elderly dad was severely taken advantage of
At the car dealership and walked out with a payment of 647.00 a month which is half of his social security, after 7 hours of being there.
He's been wanting to kill himself ever since. I finally got him up today after FOUR days of not eating or getting out of bed. What sort of attorney do I look up for this? I have called a couple and they aren't the right kind? Must have something to do with consumer something? I was trying to stay local but maybe I will have to branch out further. Anyone? |
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#2 | |
Too lazy to set a custom title
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Join Date: May 2011
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#3 |
I'm a great bowler.
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Join Date: Nov 2003
Location: Right Outside of Normal.
Posts: 13,310
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How long ago did he purchase the vehicle? From what I know based on my area, there are no "cool down" laws for auto dealerships. Which sucks because that's one of the industries that use the most high pressure sales tactics. How elderly is he? The reason I ask is because at this point, if he can't afford the monthly payments, it may be wise to just return the car as a voluntary repossession. It will negatively affect his credit, but it will free up his finances. He also has a better chance of negotiating a debt buy out from the finance company since they won't be taking a huge loss on the resale. If that's the case, then it wouldn't affect his credit too bad.
You would want to contact a consumer advocacy group, not so much an attorney. They'll have attorneys working for them. I would also call the dealership and explain to the management what happened and see if they can work something out. |
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#4 |
The People's Post
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I think you need to fire on all cylinders about this, based on your claim that he was taken advantage of. Contact an automobile sales fraud attorney and get them going on it full blast.
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#5 |
The People's Post
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#6 |
working on my tan
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Join Date: Mar 2005
Location: Florida/Kentucky
Posts: 39,152
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What finance guy/company approved this loan in the first place? I'll bet the contract is loaded down with excess interest, insurance, extended warranties etc.
How old is your father? |
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#7 |
Making PHP work
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Join Date: Nov 2002
Location: 🌎🌅🌈🌇
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Have him drive the car back up to the lot, but you do the talking, and tell them to "unwind" the sale.
Make sure you speak to the sales manager/general manager, not a sales person. Leave the car and the keys on the lot and both you leave in your car. Then call the bank and tell them you/he are not going to pay the loan and have returned the car to the dealer. The sales person will probably be fired for having the sale unwind. But he must have lied his ass off on the credit app to begin with.
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#8 |
fgfdftre6
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#9 |
Grrrrrrrrr
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Join Date: Oct 2002
Location: Dreamland
Posts: 4,974
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The deal was on Feb 16. he was there for SEVEN HOURS. He didn't even read what he signed. He brought the car back the very next morning and said I can't do this deal. The manager told him a deal is a deal, I can't unwind the deal.
He went back the next day after and argued with them, left the keys on the counter and started walking. They called me an hour later and told me. He had already walked 7 miles by the time I found him. He is 70 years old. I met with the owner of the dealership who offered him 3 other deal options all in price ranges he still can't afford and all much higher than he was paying on his other car. They inflated his income to 4368.00 per month when he really makes 1455.00. I asked the owner, now that he has the truth, how much my dad makes, and knowing I spoke with the bank and that they WOULD unwind the deal, why on earth wouldn't he unwind the deal? For a few thousand dollars? At that point, I felt he was at the point where he MAY have, we said we would sit on it over the weekend, while I talked to my dad about the other deals and he thought about unwinding the deal. But my dad called them on Saturday when I wasn't here and got into an argument with the sales manager and that was that. I have purchased 3 cars from there in the past 5 years so I feel like they figured *I* was good for the money, and fucked my dad over when they should have just turned him away. |
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#10 |
Grrrrrrrrr
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Join Date: Oct 2002
Location: Dreamland
Posts: 4,974
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It's through Nissan Motor Acceptance Corp. I already put in a complaint with them.
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#11 |
The People's Post
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lawyer up, dead fucking serious. auto dealers think they have the upper hand dealing with customers. since they inflated his income, the focus needs to be on that. everything else is inconsequential to canceling the contract.
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#12 | |
working on my tan
Industry Role:
Join Date: Mar 2005
Location: Florida/Kentucky
Posts: 39,152
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Quote:
If it's true that the dealer's employees " inflated his income to 4368.00 per month when he really makes 1455.00 " Then contact an attorney and sue for fraud and damages. Don't fuck around and tell your father to stay out of it. . |
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#13 |
Confirmed User
Join Date: Apr 2009
Posts: 3,965
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This 110%. Fraudulent documentation is frowned upon I'm sure. Also what nissan did hey buy/lease that its costs that much? A GTR?!
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#14 |
The People's Post
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#15 |
Confirmed User
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Location: NJ
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Don't over complicate this or stress out.
Just stop paying the car payment. Drive it around for a few months until they reposes it. That's it. Don't worry. They can't touch his social security.
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#16 |
working on my tan
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#17 | |
working on my tan
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Join Date: Mar 2005
Location: Florida/Kentucky
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Quote:
NO! Using the car means he derived a benefit from the transaction. Park it, preferably on the dealers lot. |
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#18 |
Grrrrrrrrr
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Join Date: Oct 2002
Location: Dreamland
Posts: 4,974
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Matter of fact I have a facebook message between the salesperson and me where he says.....
I said I was going to my daughter to your house to play with the animals you know he showed no inkling and you know the whole the whole $14 a month thing he was saying something about that he made that and and then he got and then he got his social security and then he got a Social Security but he kept on saying 1400 so if I thought you only made $1,400 a month and I if I thought you only made $1,400 a month and I woulda said what but you know he might be having buyers remorse a lot of people do and you know its its not my fault you have to and you know its not my fault you have to understand that okay He couldn't get the loan approved on this money. He told my dad he needed another 600.00 in income. My dad said, well I don't have it. The guy said yes you did, and winked. After all these hours, my dad said okay then I guess I do. But that was the only thing he ever remembered being said about his income other than him being truthful with what he made. |
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#19 | |
Grrrrrrrrr
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Join Date: Oct 2002
Location: Dreamland
Posts: 4,974
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Quote:
I have found one lawyer so far that seems to deal with new and used car purchases in my area. I'm on the hunt. It's terrible to see your father like this. Really it is. Crying, talking about killing himself constantly. Which his brother did kill himself 4 years ago. They are really freeking cruel for this. Oh, and the car - a fucking Nissan Rogue. Doesn't even have power fucking seats!!!!! Amount financed 34,226.42! |
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#20 |
So Fucking What
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Join Date: Jun 2007
Location: USA
Posts: 6,289
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![]() ![]() Does he really need his good credit that bad? Did he trade a car in also? I would contact the local news and see if they will run he story. Let the manager know what you plan to do also. You can always toss in you have a crazy uncle that will help with this. Don't forget poopsenders.com either. What state are you in?
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#21 |
Videochat Solutions
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Join Date: Aug 2004
Location: Canada
Posts: 48,573
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No, not a good idea. Regardless of how the deal was made, not paying the payments won't relieve him of the debt, and repossessing the car won't relieve him of the debt either. And when he passes on, his next of kin could be responsible to pay that debt.
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#22 |
The People's Post
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#23 | |
See signature :)
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Join Date: Apr 2007
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#24 |
(>^_^)b
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Join Date: Dec 2011
Posts: 7,224
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Just don't pay and give the car back if you have to....
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#25 | |
So Fucking What
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Join Date: Jun 2007
Location: USA
Posts: 6,289
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dude I have been buying coke by the 2 liter now. I am big pimpin. Being serious for a moment I drink a coke once a month. That shit will kill you lol
Quote:
Fucking car dealerships are cold hearted fuck bags. I had a salesman do everything in the world to keep me there, even offering me his prescription meds so I would not leave to get mine even though I didn't know what I was taking for sure.
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#26 |
Grrrrrrrrr
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Join Date: Oct 2002
Location: Dreamland
Posts: 4,974
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#27 | |
I AM WEB 2.0
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Join Date: Jan 2003
Posts: 28,682
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Quote:
Stop making shit up. No the debt is not passed on. The estate pays for it. If the estate can't pay it well tough titties. THE NEXT OF KIN IS NEVER RESPONSIBLE. FALSE |
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#28 | |
Grrrrrrrrr
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Like, you know you're doing fucked up shit, but you still do fucked up shit. ![]() |
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#29 |
So Fucking What
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Join Date: Jun 2007
Location: USA
Posts: 6,289
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You beat me to it. I agree with what you say most of the time, It must be a Canada thing LOL, nobody says your dad died so pay me, now if there was some estate and he went out with a lot of money they can go after that but if they get the car back and he passed away they are not going to waste their time
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#30 |
So Fucking What
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Join Date: Jun 2007
Location: USA
Posts: 6,289
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I feel bad for the poor guy. They did this to Melissa's grandpa and I went in and raised all hell and it took doing that twice for them to make up a story and call it a mistake to get his money back. It was a car dealership. Kind of the same story but they would not admit any wrong doing. They had to make it look like a simple error and I had to accept that to make it workout. fucking crooks
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#31 |
The People's Post
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#32 |
cuck
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Join Date: Mar 2003
Posts: 11,571
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This is no good. You want me to break their legs shanny?
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#33 |
The People's Post
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Join Date: Dec 2008
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i got four-squared AND yo-yoed on a car once. fucking OUCH! learned my lesson though.
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#34 |
Too lazy to set a custom title
Join Date: Dec 2006
Posts: 29,035
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A few years back my mom bought a used a car without consulting me or my brother. I decided to look it over and it seemed fine.
While I was there, I decided to give it a wash in the driveway and vacuum it out because the dealership had done a lousy job. When I had the hose against the carpet, it went upward into the suction, like it wasn't attached to the floor. I found a tear where I could get my hand inside and felt about an inch of sand. My memory may be hazy because it was a long time ago but it may have been wet too. This car had been in a motherfucking flood. I drove back to the dealership and raised hell about selling my mother a car that had been in a flood...but really there was nothing I could do because these assholes just denied it. Violence was the next option so I got back in my car and told my mom she got suckered and maybe the car will be ok and run for years. It didn't. I can't believe people run businesses this way. Shady shit always catches up with you.
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#35 | |
Let's do some business!
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Join Date: Sep 2004
Location: Austin, TX
Posts: 31,291
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Quote:
Corporate found out and demanded they be fired or the dealership would be shut down on the spot.
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#36 | |
emperor of my world
Join Date: Aug 2004
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#37 |
Confirmed User
Join Date: Apr 2009
Posts: 3,965
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If hes not in his right mind its up to you to get this under control. Someone that far gone shouldnt be making their own financial decisions let alone driving a 4,000lb weapon.
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#38 |
Grrrrrrrrr
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#39 | |
Grrrrrrrrr
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Join Date: Oct 2002
Location: Dreamland
Posts: 4,974
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Quote:
If you met him, you'd think he was FABULOUS. Nicest guy you ever met. He has a lot of good days. But he's forgetful. Sometimes he forgets to take his medicine, sometimes he gets the days confused. It's not all the time though. I try to keep him being independent by having him set up his pills in the weekly box, by using his online banking to see what his account balances are. I think if I took his independence away, he probably would kill himself. He's a very prideful guy and boy that would really hurt his pride. |
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#40 |
Confirmed User
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Join Date: Feb 2010
Location: California
Posts: 3,068
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1.
Just ignore the loan and let it default. In order for the finance company to collect on the loan, they would have the obtain a court order. They might not go to that extent since it is a small amount and they are already in possession of the car. Your father's credit rating will go down. And if the finance company gets that court order, they can collect up to 15% of your father's monthly social security payment (for example, if the monthly social security payment is $1000, the maximum amount in jeopardy is $150/month.). Your dad's SSI payments, if any, can't be touched no matter what though. No need to worry about your father's children, descendants etc. They are not legally responsible for your father's debts. 2. Fight the validity of the contract. You can find consumer protection attorney's here: Consumer Protection Lawyer - Consumer Protection Attorney, Law Firm Directory | FindLaw Many of those lawyers won't take that case because the amount in controversy is relatively small. But they can refer you to agencies who specialize on small amounts., many of which will not charge a fee if your father has limited assets. 3. File a small claims case. Informal proceeding and no lawyers involved. (but the contract your dad signed might have a provision forbidding small claims court cases). |
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#41 | |
Confirmed User
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Guardian legal definition of guardian |
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#42 | |
Confirmed User
Join Date: Apr 2009
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#43 |
So Fucking Banned
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Join Date: Jan 2016
Posts: 555
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hey OP feel bad for your father
I'm glad he has a great daughter that is going to fight for him Hopefully you find a good Lawyer please let us know how it turns out |
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#44 |
So Fucking What
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Join Date: Jun 2007
Location: USA
Posts: 6,289
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#45 | |
So Fucking What
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Location: USA
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Quote:
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#46 |
Exploiting human weakness
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Go down at Home Depot and pick up a truck full of immigrants and drive down to the dealership. Then hand out protest signs. The entire situation should cost you no more than a few hundred dollars before they cave. I threatened a car dealership with the same thing and didn't even have to pick up the immigrants but I had the protest signs made up. This happened in my twenties and I wasn't going to take any shit from the dealership because they tried to fuck me over.
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#47 |
see you later, I'm gone
Industry Role:
Join Date: Oct 2002
Posts: 14,057
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Sorry this is happening to your Dad and you S.
Have to agree with everyone that has said to get a lawyer. Best way to fight it and lowers the stress level tremendously once you have someone fighting for you. Good luck and I hope it all works out for the good. .
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#48 | |
Grrrrrrrrr
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Location: Dreamland
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#49 |
It's 42
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Join Date: Jun 2010
Location: Global
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Even if you surrender the vehicle -- a voluntary repossession -- they could sue for a deficiency balance on the auto's (collateral's) resale price.
The dealer may be required to recourse the loan -- return the money the dealer got from the finance company. I would contact the Nissan Motor Acceptance Corp and just say the car payments will not be made and see what they say. There are varying holder in due course laws in many states that may, or may not, affect a lender's legal rights where there is misdeed by the seller -- like a fraudulent loan application. I do know this; Tell a lender he will not get his money back without a lot of hassle and court costs he will try to get the matter settled fast and his money back from the dealer/seller :2cents: Nissan Motor Acceptance Corp may lean on the dealer ... Get a local lawyer to handle this. I don't know your local laws -- and don't put anything in writing or on Facebook -- delete that post immediately. Your father's down payment may be toast as liquidated damages in that contract. We used to floor cars and finance some loans in LA years ago -- we had a CFL license (like household or beneficial finance does/did) ... been out of the business for years. The consumer protection laws are a lot more stringent maybe today, I really don't know. I do know this; tell a lender that you will not pay and they will do what they can to get their money back from the dealer on a new loan. |
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#50 | |
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What you think this is Victorian England?
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