I am being sued....HELP!
Registered User
Joined: Dec 2003
Posts: 1,361
Likes: 0
From: Long Island/C'ville, VA
This exact same situation happened to me when I bought my S2000. I purchased the car in NJ, paid PA taxes, and MONTHS later was told that they had "forgotten" to assess the correct amount of taxes (this was even after I said, "make sure you don't charge me NJ tax"). Anyway, I refused to pay for their mistake (this was their 3rd big mistake on the sale, the others had already taken $ out of my pocket). Anyway, I ended up agreeing to pay the $200 additional in return for $200 off of an alarm system.
The moral of the story is that car dealers are lazy and slimey.
The moral of the story is that car dealers are lazy and slimey.
Registered User
Joined: Jul 2001
Posts: 6,592
Likes: 0
From: Yorba Linda, CA
Originally Posted by My R2,Jan 23 2006, 05:27 AM
Home of a rotary, a flat four and a V-6 . . . .
A flat four would be found in a Volkswagon, a Porsche 912 or 914, or a Subaru.
Registered User
Joined: Mar 2003
Posts: 2,129
Likes: 0
From: Philly
Similar thing happened to me too. I bought my car at a Honda dealer in NJ. But I live in PA. When I bought it, they wanted something ridiculous like $250 to register the car in PA for me. I told them that I just wanted to buy a NJ temp tag (30-day I think?), have them mail me the NJ title of the car, and I would register it myself in PA. This way it would both be cheaper for the registration fees and I did not have to cough up any sales tax until I registered it in PA.
The sales manager was fine with this arragement. And I left the dealer with my car and a NJ temp tag, having paid no sales tax whatsoever. The problem was that the dealer's back office made a mistake. Instead of just mailing the NJ title of my car to me like we agreed, they started processing my title for PA registration. They paid all the registration PA fees and PA sales tax for me out of the dealer's pocket. It was not until I called the dealer 3 weeks later to ask where my title was that they figured out the mistake.
The difference in my case was the dealer was very apologetic. The sales manager immediately called me back and explained that they had made a mistake. He proposed that since they had already registered my car, gotten my PA plate, and paid the sales tax for me that if I simply reimburse them for the PA sales tax, they would eat the PA registration costs and overnight FedEx me my PA license plate. I agreed. I gave them my credit card to run to pay for the PA sales tax they had paid out of their pocket, and I had my plate from FedEx within a day.
It sounds like something similar might have happened in your case too. But instead of the dealer politely trying to make things right, they filed a lawsuit.
How much money are we talking about in your case? Instead of talking about legal remedies, it might be more cost effective for you to do what this dealer should have done in the first place: Call up the dealer and ask them what's going on and how the cost difference can be resolved and the suit dropped. If you persue it this way, GET IT IN WRITING.
Andrew
The sales manager was fine with this arragement. And I left the dealer with my car and a NJ temp tag, having paid no sales tax whatsoever. The problem was that the dealer's back office made a mistake. Instead of just mailing the NJ title of my car to me like we agreed, they started processing my title for PA registration. They paid all the registration PA fees and PA sales tax for me out of the dealer's pocket. It was not until I called the dealer 3 weeks later to ask where my title was that they figured out the mistake.
The difference in my case was the dealer was very apologetic. The sales manager immediately called me back and explained that they had made a mistake. He proposed that since they had already registered my car, gotten my PA plate, and paid the sales tax for me that if I simply reimburse them for the PA sales tax, they would eat the PA registration costs and overnight FedEx me my PA license plate. I agreed. I gave them my credit card to run to pay for the PA sales tax they had paid out of their pocket, and I had my plate from FedEx within a day.
It sounds like something similar might have happened in your case too. But instead of the dealer politely trying to make things right, they filed a lawsuit.
How much money are we talking about in your case? Instead of talking about legal remedies, it might be more cost effective for you to do what this dealer should have done in the first place: Call up the dealer and ask them what's going on and how the cost difference can be resolved and the suit dropped. If you persue it this way, GET IT IN WRITING.
Andrew
Registered User
Joined: Oct 2005
Posts: 2,280
Likes: 0
From: SD 619 ...
Originally Posted by Greenlight,Jan 23 2006, 12:18 PM
Just a few comments.
1) Request a change of venue (i.e. request that the court hearing be held in MD rather than in VA). Make them and their lawyer travel and incur the majority of the expenses and time. This cost might prompt them to drop the case.
2) In my state, a summons has to be hand delivered to be valid, not mailed. How did you receive yours?
3) Write a letter to the editor of the dealer's local newspaper telling your story and/or contact your local TV station. Many of them have a "little guy against corporations" news group that eats this kind of story alive.
4) If you still own money on the car (to the bank), they should also have to be in court, since they are owners and responsible for the car (and they are likely also listed on the title). Call them and let them know "they" are being sued.
5) File a complaint with the BBB for unethical practices by the dealer.
6) Call the 1-800- number for the manufacturer (i.e. Honda, GM, etc.) in the back of the owner's manual and complain of unethical business practices by the dealer.
I worked at a dealer in the past and they do not like getting phone calls from the BBB and the manufacturer about shady dealings with the customer.
If for some reason you go the court and you lose, ask S2k Members to each pitch in $1 so you can take out a full page ad in the dealer's local newspaper telling your side of the story. I'm sure enough people would put up $1 to make this happen.
Good luck and don't panic.
1) Request a change of venue (i.e. request that the court hearing be held in MD rather than in VA). Make them and their lawyer travel and incur the majority of the expenses and time. This cost might prompt them to drop the case.
2) In my state, a summons has to be hand delivered to be valid, not mailed. How did you receive yours?
3) Write a letter to the editor of the dealer's local newspaper telling your story and/or contact your local TV station. Many of them have a "little guy against corporations" news group that eats this kind of story alive.
4) If you still own money on the car (to the bank), they should also have to be in court, since they are owners and responsible for the car (and they are likely also listed on the title). Call them and let them know "they" are being sued.
5) File a complaint with the BBB for unethical practices by the dealer.
6) Call the 1-800- number for the manufacturer (i.e. Honda, GM, etc.) in the back of the owner's manual and complain of unethical business practices by the dealer.
I worked at a dealer in the past and they do not like getting phone calls from the BBB and the manufacturer about shady dealings with the customer.
If for some reason you go the court and you lose, ask S2k Members to each pitch in $1 so you can take out a full page ad in the dealer's local newspaper telling your side of the story. I'm sure enough people would put up $1 to make this happen.
Good luck and don't panic.
fantastic. this sounds too fishy to me... too many lax transactions here.. no prior mail, calls, etc. And a random court summons with no name phone or address on it....
I would follow the plan above.... if nothing else, Honda might step in and pound some pavement for you...
Registered User
Joined: Aug 2002
Posts: 1,502
Likes: 1
From: M.I.A.M.I., FLORIDA
Make sure when you send the check in, write a letter explaining that as per your phone conversation with the lady (put her name in the letter) you are agreeing to pay the money but expect a letter returned to you releasing you from any further claims.
Oh and make sure the letter is either registered and they need to sign for it... .or FEDEX/UPS it so you can obtain copies of who signed for it.
Best of luck!
Oh and make sure the letter is either registered and they need to sign for it... .or FEDEX/UPS it so you can obtain copies of who signed for it.
Best of luck!
Thread
Thread Starter
Forum
Replies
Last Post
LostWaffle
Off-topic Talk
9
Jan 7, 2004 07:57 PM
XaznX
Off-topic Talk
4
Mar 11, 2001 06:37 AM