Originally Posted by TCLGirls (Post 20764386)

Originally Posted by Barry-xlovecam (Post 20764323)

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.

Originally Posted by DonJon69 (Post 20763777)

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.

Originally Posted by The Porn Nerd (Post 20764848)

Sorry to hear this is happening to your father (and, by extension, to you). I take care of my mom, who is elderly, so I know how infuriating it can be to have them treated with such disrespect.

Go to social media, and then make sure the Dealership knows about it. Watch them change their tune. Seriously, be vicious on Twitter and get your girls to do it, too. BAM!

Originally Posted by adulttraffic (Post 20764881)

If you decide to go this route be very very careful and dont be "vicious" as your words may be taken as slanderous. That can cause huge prohlems for your dad.

Originally Posted by DonJon69 (Post 20763777)

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.

Originally Posted by MakeMeGrrrrowl (Post 20764782)

NMAC was quite concerned and took my report as well as faxed me the info showing me how they inflated the income. They however said the only way that they would unwind the deal was if Team Nissan told them to do so.

....

Big ugly mess.

My dad is 70, but he's a very old 70. My mom is 69 and is NOTHING like my father.

Originally Posted by DBS.US (Post 20764959)

When its all cleaned up, we can do Yelp attack:winkwink:

Originally Posted by MakeMeGrrrrowl (Post 20764782)

Also they took my dad's trade in which only had 35k miles on it. They gave him 9500 for it which he owed 15.9k on it. The facebook thing is a private message between me and the sales guy since we're friends on facebook, not any public post. But he admitted right there that my dad kept telling him he only made 1400 a month.

Originally Posted by MakeMeGrrrrowl (Post 20763507)

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?

Originally Posted by rowan (Post 20765037)

What happened to the $15900 - $9500 = $6400 difference? They must have added that amount to the new loan, since the car was no longer owned by your dad, so it was no longer valid collateral/security for the old loan? :Oh crap

Originally Posted by TheSquealer (Post 20765043)

I'd suggest that he get a medical evaluation done. His action and response are both abnormal and over the top. You are thinking about what to do legally, but i'd be more concerned about his mental health first. Deep depression (real actual depression) and suicidal thoughts are not reasonable responses.

Originally Posted by TheSquealer (Post 20765043)

I'd suggest that he get a medical evaluation done. His action and response are both abnormal and over the top. You are thinking about what to do legally, but i'd be more concerned about his mental health first. Deep depression (real actual depression) and suicidal thoughts are not reasonable responses.

Originally Posted by The Porn Nerd (Post 20765076)

I would imagine that's an ongoing issue and not necassarily related to this one incident (tho this situation has certainly magnified things).

If they won't unwind the deal then going legal is the only real answer. And when I say "Go Social" I do NOT mean 'vicious' (sorry for that word, but I was upset for you and your dad) and certainly not slanderous. But to go on Twitter and explain the situation and say how you don't think they are being reasonable and - this is the most important part - has anyone else had difficulties with this car dealership? Find the Twitter account for the Dealership, the salesman, the manager and go to town (but always be polite).

Bam.

Originally Posted by MakeMeGrrrrowl (Post 20765100)

I know it's going there. But that reality just really stinks.

He was happy today when he knew I was trying to find an attorney for him. I was letting him call attorney's last week and I just listened to him call them and the way he explained it was completely wrong so no one would listen which made him even more upset.

I can feel his pain. Truly.

Originally Posted by TheSquealer (Post 20765118)

I'm sure its tough when there is no obvious, immediate way to undo it. These guys can be vicious for sure... but there's always a way. I've never found myself in a spot where i got screwed and didn't make them pay severely for it. Just remain calm, make sure you have clear objectives and walk through all the options, come up with a plan and shock and awe them. Never let them see you coming. Never make threats. Make sure you blindside them completely with something they will want to undo quickly, with whatever you do.

Originally Posted by MakeMeGrrrrowl (Post 20765127)

I never threatened them. I simply said business owner to business owner, I have no choice but to fight for my father. I never got angry or yelled at anyone.

I did ask several times whose idea it was to inflate those numbers to which they keep saying "I don't know" conveniently the sales person was with a customer when I was on the phone asking him to come to the speaker, and then when I arrived for a meeting with the owner he had to leave immediately for a doctors appt so when I asked again, and said let's just bring him in and find out now, they knew he was gone.

Originally Posted by TheSquealer (Post 20765112)

honestly, if i was going to take it to social media, it would be in a way that they would want it to go away very quickly and I would pull all stops. its not about an argument, its about appealing to the emotions of others in a big way "my father might die because of XYZ Nissan" type stuff (but better stated and mindful of the legal issues). I'd then tie it all to a gofundme campaign with a very strong emotional appeal about a kind, helpless old man that was screwed by an evil car dealer and make sure i recovered every penny and bought the car i wanted..

Originally Posted by Manfap (Post 20765433)

Why did he get a new car if he couldn't afford it?

Originally Posted by Choopa Phil (Post 20764119)

That is called dementia. My grandmother is going through the same thing right now and started just as you described. Best to nip it in the bud before he kills someone or ends up in a real bind that makes him want to off himself even more. That seems more like denial on your part to be totally frank.

Originally Posted by MakeMeGrrrrowl (Post 20763813)

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

Originally Posted by Colmike7 (Post 20766033)

I Would seriously just not pay it. When they get mad, they'll repo it and at least here you can give it back at that point with nothing on his record because he willingly forfeited it.

FUCK those people and tell him to not pay.

Originally Posted by DonJon69 (Post 20766216)

Exactly that's what I said but everyone's saying that's the worst thing to do.

They're over complicating this and worried for nothing.

Originally Posted by Colmike7 (Post 20766033)

I Would seriously just not pay it. When they get mad, they'll repo it and at least here you can give it back at that point with nothing on his record because he willingly forfeited it.

FUCK those people and tell him to not pay.

Originally Posted by dyna mo (Post 20766234)

Where is here? Because this doesn't sound right at all.

Originally Posted by Colmike7 (Post 20766249)

What would they do if he didn't pay, then?

I'm in Ohio. But let's say that they do put it on his credit record or something. Just go out and get another car, with someone else there of course, that is within his price range, before the bs from the other car is potentially on his record. Give the first car back, deal with the mark on the record if any, then be happy with the new cheaper car.

Originally Posted by dyna mo (Post 20766285)

they will sue the living shit out him, then get a judgement then they can attach and seize property. they wrapped up the balance on his old vehicle into the loan on the new vehicle. the lender/dealer aren't going to absorb that extra in addition to taking the hit on the car.

voluntary repo is still a repo.

Originally Posted by Colmike7 (Post 20766303)

Long story short, I owed like $5000 still on the car, I said I wasn't paying, then I set up a time and place for the repo people to get it and nothing is on my record or anything left owed and I bought another car in my name right after..

Still talk to an attorney first, though, him being taken advantage of as a senior would probably be a better idea.

Originally Posted by dyna mo (Post 20766336)

the lender didn't pursue it/you is all. they are fully within their rights to do so though. cost/benefit. it's also within their rights to inform the credit agencies.

voluntary repo doesn't excuse the borrower from their responsibility to pay, a repo is a repo.

Originally Posted by MakeMeGrrrrowl (Post 20766438)

What happens with a voluntary repo (the bank says) is that the car is sold at auction and whatever the balance that remains, is what the person is responsible to pay.

So that's what would go on my dad's credit.

Still no lawyer has called me back. :(

Originally Posted by Choopa Phil (Post 20766459)

Would the deal have looked good had your father not rolled in the remainder of his previous car loan balance into the new car? Maybe in the $3-$400's without it rolled in?

Originally Posted by L-Pink (Post 20766561)

$330.00 ? Google lease deals there are lots of good cars for $200 a month.

Originally Posted by MakeMeGrrrrowl (Post 20766540)

What he really went there for was to find out about leasing a car, since he drives so little miles per year.

He just happened to want something a little bigger than his nissan altima because he has two dogs and guitars he likes to play when he visits his sister. The altima doesn't really allow for room.

We figured his payments would be comparable. He could go up to 330.00 if that's what you're asking. I don't know what the figures were without the extra 6k rolled in.

Originally Posted by Choopa Phil (Post 20766675)

I was more or less trying to determine if his payment of $650 or whatever is, really is astronomically high with the $6500 rolled in. for every 1K you add thats usually $25-30/Mo ...He could have easily tacked on an extra $180-$220/Mo based on that alone.

What is the MSRP on this car and what are the terms of the lease/financing?