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Dealer fraud with financing

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Old 06-12-2018, 05:29 AM
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I'm going to disagree with most of the posters here.

1. I'm assuming your net cost differential is close to zero
2. it sounds as if they're willing to correct your situation

In that case keep lawyers and everyone else out of it, it doesn't make what they did right but if they're willing to correct somewhat, and your out of pocket is negligible, it just simply isn't worth doing anymore. The only people who win in any other scenario is the lawyers, not you, not the dealership (or financial people) and quite honestly probably not future customers either.

I have found mathematical errors on closing documents for my house before, which is totally embarrassing considering they charge hundreds of dollars to do paperwork that should be done by a computer and get worse results, I just point it out they fix it and life moves on, granted there's no obvious attempt to defraud me but in this case its hard to say if someone maybe thought they were giving you a better deal or what (still doesn't explain why they wouldn't have called and told you) honestly to me it sounds like the dealer might have been trying to defraud the AFS, since they probably get a cut of the warranty and decrease you interest payments and not really affect your payout.
Old 06-12-2018, 06:35 AM
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Originally Posted by Brimstone
I'm going to disagree with most of the posters here.

1. I'm assuming your net cost differential is close to zero
2. it sounds as if they're willing to correct your situation

In that case keep lawyers and everyone else out of it, it doesn't make what they did right but if they're willing to correct somewhat, and your out of pocket is negligible, it just simply isn't worth doing anymore. The only people who win in any other scenario is the lawyers, not you, not the dealership (or financial people) and quite honestly probably not future customers either.

I have found mathematical errors on closing documents for my house before, which is totally embarrassing considering they charge hundreds of dollars to do paperwork that should be done by a computer and get worse results, I just point it out they fix it and life moves on, granted there's no obvious attempt to defraud me but in this case its hard to say if someone maybe thought they were giving you a better deal or what (still doesn't explain why they wouldn't have called and told you) honestly to me it sounds like the dealer might have been trying to defraud the AFS, since they probably get a cut of the warranty and decrease you interest payments and not really affect your payout.
While I'm with you and would prefer to keep lawyers out of this, I don't think this is a "clerical" error or an honest mistake. Even if they somehow made a mistake with AFS on the original financing, as others have suggested, they should have gone back to me to let me know, and they could have made this a positive change for me by saying "hey, guess what, our F&I guy managed to negotiate the rate down with AFS, you're welcome!". Instead, whether this was related to an earlier mistake or truly bad intentions, they increased my loan amount by adding some package to it (I believe this could be considered fraud). And then forged my signature, which is plain illegal.

Yes, if I keep the financing for the full duration, I won't have paid a penny more than I would have under the original terms. However, if I want to pay off the loan in full today, I would pay over 1,000 dollars more.

As I mentioned before, and it may sound very silly, but I just want some "justice" and the dealer to get punished for practices like that. I'm not looking to gain from this financially. I think I will pursue the above-mentioned route of reaching out to the State or District Attorney's office. If that doesn't go anywhere, I'll just give up.
Old 06-12-2018, 06:41 AM
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I agree, the dealer should be held accountable for this situation because how many others are there out there that have no idea that this may have happened to them.
Old 06-12-2018, 08:06 AM
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The reality is that biz practices like this are going on wayyyy far more often then anyone realizes. I am sure if we had a 25 year veteran of auto finance chime in and be truthfully candid, we would learn the OP's situation would be just the very tip of the iceberg when it comes to auto finance shenanigans. My guess is entire book could be written on the subject.

While I totally agree and understand in you wanting them held accountable, personally I would just do my best to get them to make it right one on one and move on. Life is too short and if you get tangled up in some legal battle, the enjoyment of buying such a great vehicle will be totally ruined.
Old 06-12-2018, 11:19 AM
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Originally Posted by Meyecul
While I totally agree and understand in you wanting them held accountable, personally I would just do my best to get them to make it right one on one and move on. Life is too short and if you get tangled up in some legal battle, the enjoyment of buying such a great vehicle will be totally ruined.
Pretty much what I was trying to say, your signature never gets forged as a clerical error that is pretty obvious, and I applaud you for calling them out on it, but so long as they're doing something reasonable to correct that's the best you're going to get. Occasionally its worth the extra effort in life to see justice done, but often doing so will be more punishment for you than for them.
Old 06-12-2018, 12:04 PM
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Originally Posted by Brimstone
Pretty much what I was trying to say, your signature never gets forged as a clerical error that is pretty obvious, and I applaud you for calling them out on it, but so long as they're doing something reasonable to correct that's the best you're going to get. Occasionally its worth the extra effort in life to see justice done, but often doing so will be more punishment for you than for them.
I agree with INKBLUE 07 above about going to the AG's office. My 07 is ink blue too and I love it.
Old 06-12-2018, 12:12 PM
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Originally Posted by GBMILTON
I agree with INKBLUE 07 above about going to the AG's office. My 07 is ink blue too and I love it.
So is mine, and absolutely love it. Also, it's pretty unique now that they've discontinued it.
Old 06-13-2018, 03:09 AM
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When you signed the deal paperwork, I suspect the dealer had you sign a limited power of attorney "to allow us to correct or complete any necessary paperwork". This is common in most all drive off transactions at dealers. This would allow them to do just what they did, although their signature on your behalf via the PoA should indicate so. Move on.
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