Do I need a lawyer?

[frelsang]

I trade in my 08 Windsport to a brand new 2014 Winnebago last November, The pay off of the first loan is $75000, I had paid an extra $20,000 for the upside down pay off on the first loan during the purchase, The problem is the dealership never pay off my first loan, I've been making 2 RV monthly payment for the last 3 month, I called the dealer many times, they just keep lying to me saying it's in the process to be pay off in a week or two, but 3 months had passed, I am afraid if I don't do anything it's going to get drag on for as long as they pleased, my question is do I need a lawyer? or take the dealership to small claims court? Does this happen to many people or just happen to me?

[Phils]

tropical36 wrote:
How about if you should buy one with an existing loan and it doesn't get paid off either, with the previous owner now receiving calls from their creditor. While all this is going on, they make it as difficult as possible for you to find out who owned the vehicle and for them to know who bought it, citing all kinds of privacy laws. With this scenario and if you paid cash, the title won't be coming in the time stated and plenty of excuses for as to why. Now if you secured a loan for it, I can't say how they might jumble those figures, but now you have a vehicle that has two would be liens on it.

DMV investigations explained to me when I had that exact situation occur that I would eventually get title, the prior owner with the loan is the one out of luck because he trusted the dealer he gave possession of the vehicle to.

Phil

[tropical36]

DSDP Don wrote:
After hearing this happen a couple of times now, I would be really leery of trading in a coach with an existing loan unless I had proof the dealer had paid off my old coach.

How about if you should buy one with an existing loan and it doesn't get paid off either, with the previous owner now receiving calls from their creditor. While all this is going on, they make it as difficult as possible for you to find out who owned the vehicle and for them to know who bought it, citing all kinds of privacy laws. With this scenario and if you paid cash, the title won't be coming in the time stated and plenty of excuses for as to why. Now if you secured a loan for it, I can't say how they might jumble those figures, but now you have a vehicle that has two would be liens on it.

[DSDP_Don]

After hearing this happen a couple of times now, I would be really leery of trading in a coach with an existing loan unless I had proof the dealer had paid off my old coach.

[Aridon]

OP I'm sorry you got screwed like this. Hope you see resolution and sooner rather than later. I'd suggest once its completed you file suit for damages.

[21_FREESTYLE]

I'm thinking about buying a Tour from them. Now I'm not sure if it's a good idea.

[GWolfe]

Yes, thanks for the update.

So many times people post about their problems and we never get to hear the outcome. Probably the reason for the bi*** and ditch comment.

[Executive45]

Thanks for the update...these things do take time. I'm glad you got the ball rolling though. Nothing can happen until the gears are put in motion....Dennis

[frelsang]

I have submitted the DMV Record of Complaint form last Thursday, and hand delivered to DMV investigator's office, I have also contact my bank and notify them my situation,there is nothing else I can do or update for now, except to wait for DMV's action, my money and my credit is taking a beating, how can I ditching? unless someone here have idea of ask DMV to act faster.

[BigRabbitMan]

Patience, it will take some time to have a result.

[Executive45]

What else is new....:S.....Dennis

[2bzy2c]

Hope this is not another "B*tch and Ditch" sort of thing.

[GWolfe]

Any updates?

[cjoseph]

I agree with MSSMITH.

I'm a government regulator in another state and another industry.

Some businesses know how to work the system. They will milk the system for a few dollars more. Most will wait to the last minute, when they feel the hammer is about to drop, they take care of it. Or, when the customer is about to file paperwork, miracle of miracles, here it is, sorry for the delay.

The business will say that an employee screwed up or they lost the paperwork or some other excuse. As a regulator, I will let someone get away with this kind of nonsense once or twice, depending on the severity. Some blatant cases take immediate action. I will document the case, either way, usually with a Notice of Violation (kind of like a warning ticket). That way, when I take enforcement action later, I will be able to show a pattern or prior history.

In the administrative regulatory world, there are two sides to the coin. On the one hand, we are the overbearing government stifling a man trying to make a living. On the other hand, we are trying to protect the unsuspecting public. If this is the first case filed with the agency, they almost have to give the dealer a chance to make it right.

If the business has done this 100 times, it doesn't help a case if the public has not filed a complaint. I recommend that you proceed directly to the government agency that regulates dealers.

Good luck.

[wolfe10]

It is called "working the float".

They have use of your money until they pay it off.

Many times it indicates that a dealer is insolvent (from a cash position).