[Dr. James]

So, I have had my 06 Titan for almost a year now and have enjoyed it very much. Just the other day I received a letter from the dealer saying that they just did an internal audit and discovered that I owe the dealership 4500 bucks for a down payment from almost a year ago. I paid the down payment in cash when I signed all the paperwork, and they annotated the fact on my contract when I signed everything. About a month after I took delivery (last October) I received a call from my sales guy and he asked if I had in fact made the down payment, I told him I did and that I gave the money to the finance lady in a white envelope that had my name on it. I thought all was good because I hadn't heard anything about since then, until I get this letter. I called them about it, and they said that I never paid the money even though my original contract shows I did. He said I should have received a receipt from the business office which I never did. I just assumed since it was on my contract that all was fine. They are saying that I HAVE to make the payment even though I already did. I refinanced my truck with USAA about a month after I bought it because they offered a better deal, so I don't think there is anything they can even do about the fact that they made a mistake.

Does anyone have any insight to this? I would think that since they did all the paperwork, annotated my down payment, and let me take the truck that there is nothing they can do legally. My truck is under a new contract now, so what can they do?

 

[titanmike]

I'd tell them to go fly a kite. They wouldn't have given you the truck if they didn't have the money. Its their fault and can't do anything about it now.

 

[baseballfanz]

If you have a receipt saying the money was paid I think you are in a good position. I would ask an attorney to be sure.

 

[tnbowhunter]

Sounds like the finance lady needed a little extra income that month.........

I'm no lawyer, but if it is written on the contract that you did indeed make a down payment of $4500.00 I don't see how in the world they could try to gouge another 4500 out of you. I would call the General Manager and tell him to stop bugging me or legal action would be taken against them.

 

[Z-Hauler]

I would bring a copy of the contract to the dealership and speak with the salesman, finance person, and a dealership manager together. If you can't sort things out to your liking, let them know that they will hear from your lawyer. Make a case before they do.
That being said, when any payments are being made, they should NEVER be made with cash. It should be made with something that can be traced or the transaction can be recorded like with a check or debit payment. Also, every and all payments you make you should request a receipt.

 

[PTitan]

Bad move. When making a big payment, always pay it as a money order or check for record. You should at least have gotten a receipt for the cash from the dealer. I know in all of the excitement, we forget those things. However, if your inital bill of sale shows that you paid the down payment, you should be okay. It's thier word against yours.

 

[TitanBlue]

One visit to an attorney, and a letter from the attorney to the dealer, should end this fiasco. Present proper paperwork to the attorney during your initial visit, and they can often send one letter to settle matters that are clear. Cost may be less that 200 bucks. Whatever they charge for 1 Hour.

 

[BobNYC]

Hindsight is always 20/20 but like others have said, never ever pay cash without two witnesses to the transaction and a written receipt. I suspect the notation on the contract will protect you. That said, I'd put everything in writing at this point and send it registered mail.

 

[Dr. James]

Thanks for the advice. I am looking for a copy of the original sales contract right now. When I refinanced the truck, I think I shredded all the other old stuff. Either way, I think I am going to get an attorney anyway.

 

[Z-Hauler]

.....and don't shred old documents. :upsidedow I keep everything in file just in case of matters like this.

 

[ablexus]

.....and don't shred old documents. :upsidedow I keep everything in file just in case of matters like this.

Same here. I have seven years of bills and receipts; every water bill, electrical bill, house payment, car payment, insurance letter, everything. I just went up for a secret security clearance and having all of that stuff was INVALUABLE.

I've also had to drag stuff up from the past to fight stuff like this (although not as big of a dollar value). Good luck, although you probably shouldn't need it. The problem is with THEM, that internal audit should remain exactly that, internal. They have a thief in the ranks, tell them to pound sand.

Andrew