Made mistake of taking car home

[rex444]

This is is getting funny now. The dealer called back and said our trade was sent to auction and they are trying to get it back. I'm not sure whether to laugh or cry :-)

[StartingOver08]

Yea! Doesn't that feel good!

[rex444]

Eff them. I just called the guy and told him I am not putting down and more $ and I am bringing the truck back tonight.

Thanks to everyone. This boarded helped us through our BK and has really helped us again.

[AngelinaCatHub]

thx for the pep talk Hak ! ! !

Hack is 100% correct. Efff that ego and pride stuff. You admit you are upset and the family has been affected. Fix this problem as it is now fixable. Time now is NOT on your side. Do it today. 'Hub

[Lookadat]

Give the car back, and when they start coming up with excuses and backing off on their price, tell them how sorry your are for disappointing them for a lost sale and Maybe if you do it right, they will pay you $500 more just to keep the car so THEY don't look bad. Car salesman are trained in making the sale using all tactics and no rules. Arrrrgh.

[HakunaMatata]

My pleasure! I'm sorry you're going through this. Trust all is unfolding with purpose. Who knows...the new vehicle may be a money pit and you're lucky to be freed of it!

Okay...I'm having bad thoughts...I'm guessing there isn't a clause indicating how much gas must be in the tank when the seedy dealership comes to get the vehicle. If I was a teacher, I'd give this dealership an "E" grade. If I was you, I may leave the fuel on E.

Keep us posted!

[rex444]

thx for the pep talk Hak ! ! !

[HakunaMatata]

I think I'm going to take everyone's advice and just get our older car back. Not the end of the world and not worth the emotional damage this is doing on my family.

Do you think I should tell the dealer to bring me back my car and pick their's up? The dealer is an hour from my house and I really don't feel like driving all the way there for the embarrassment. Sux.

Rex-

This is not about embarrassment. This is about business. Why would you waste your time and money (driving two different vehicles for two hours total) because you were misguided by the dealership?

If possible, demand they use their time, cost, and labor. Make this a win for YOU.

[rex444]

I think I'm going to take everyone's advice and just get our older car back. Not the end of the world and not worth the emotional damage this is doing on my family.

Do you think I should tell the dealer to bring me back my car and pick their's up? The dealer is an hour from my house and I really don't feel like driving all the way there for the embarrassment. Sux.

[jadams]

Yep, it's a spot delivery.

And they're counting on exactly the reaction you're having -- attachment to the car and not wanting to be embarrassed by returning it. Don't let them use those feelings to bully you into a deal that you otherwise would not have taken and isn't good for you.

You have decent leverage here. They don't want the car back. Check your delivery paperwork, but at this point you should be able to unwind the deal with no cost to yourself (i.e. get your money and old trade back).

Remind them that you told the finance guy you didn't want a spot delivery and only wanted the vehicle if/when the deal was done. Tell them to find a way to finalize the deal within terms you clearly agree with, or you're coming back and they are going to have to unwind the deal at their loss.

Once they know you aren't easily going to come back with a large down payment they might suddenly have better luck filling the loan.

Good luck

[StartingOver08]

Sounds like the dealer is/was working on the 'spot delivery' senerio. (Google Spot Delivery) Here is one article that explains it: http://www.consumeraffairs.com/autom..._delivery.html

He gets you in the car, you take it home and fall in love with it and then the dealer comes back with terms that put you in a bind (larger downpayment or higher interest rate or both!). As to the car salesman (or FI guy) promising you everything was ok....no such thing, remember they lie for a living.

This is a common senerio with shady dealerships, or really, any dealership. Call their bluff - take the car back to them and get your old car back. Or make them stick to the original deal.

[rex444]

Well the dealer is beinig extra shady because they did not file all the paper work to transfer title over to me nor did they file the paperwork with the MVA to transfer my tags over. I have copies of everything but they just sat on them on their side.

If I could afford a lawyer (again) then I would probably not be in this situation. We filled for BK in Aug 08, discharged in March 09 and case was closed in July 09.

[MSbklawyer]

I think you own that car, subject to making payments, of course.

The dealer can service your note on the car.

Go see a lawyer.

[HakunaMatata]

Currently we are not making any payments. The dealership offered to give us our trade back (that has been sitting on their lot for 8 weeks) and return our original down payment which is great but what are we supposed to tell eveyone we know who saw us driving a newer car? Just sucks that they put us in this situation.

While it's disappointing, I don't think you need to create a story for others. From the looks of it, you were offered a bad deal. You negotiated a deal, the dealer accepted, and then the dealer changed his mind/found a loophole/failed to properly communicate terms, etc. Personally, I would continue to explore this as something is, obviously, not right. Is there a clause in your agreement pertaining to securing funding?

If you decide to return the vehicle in exchange for your down payment and trade, you may become the envy of your friends. I don't know many people who have the opportunity to drive a FREE vehicle for two months! You may become bombarded with questions because your friends want temporary free upgrades too!

I'd also use the fact that your trade has been sitting on the lot for two months as leverage. You didn't have intentions of reassuming ownership of this vehicle (provided the title was transferred) and you surely would not have let it sit unused for two months had you been able to project this situation would occur.

This is business. This is transportation. Your focus should not be on pride (although, I understand). Don't let the dealership bully you. Don't worry about what others think.

[AngelinaCatHub]

Currently we are not making any payments. The dealership offered to give us our trade back (that has been sitting on their lot for 8 weeks) and return our original down payment which is great but what are we supposed to tell eveyone we know who saw us driving a newer car? Just sucks that they put us in this situation.

Rex, you have heard this before........"pride goes before a fall". So who cares what anyone thinks? Tell them if anything at all, that the car was a lemon and you didn't like the deal. This is true isn't it? It sure did lemon you up.

Why are you adopting a stress problem when you could cure it so easy. Go back and get your old car. Here is something to be proud of. It has a clear Title, a feature most cars do not have. 'Hub