Dealer Lost Money and Now Threatening to Repo Car

[forjimmyjay]

My question involves an auto loan or repossession in the State of: South Carolina / Florida

I live in South Carolina but I bought a car online from a Mercedes dealer in Florida. I gave them $2,500 as a deposit from my credit card to hold the car till I could get a flight to Florida. The day before my flight they called to arrange a pickup time from the airport. He told me they didn’t charge my credit card and to just bring the $2,500 plus the loan check from my credit union. When I got to the dealership I gave the salesmen the envelope from my credit union with the loan check and the $2,500 cash. After some time I went in the finance office and signed all the paper. The sales form shows the price of the car, deposit amount, tax, title, plate, loan check amount, and zero balance owed. I also have a we owe form that shows I owe them nothing and they owe me nothing. I went out to the car and it was empty so I had the salesmen go and fill it up. He came back gave me the keys and I left, this was Monday. Five days later on Saturday, I get a call from the salesmen saying they need me to sign a form giving them permission to charge my credit card for the $2,500. I told him I gave you guys the money on Monday with the loan check and I wasn’t giving them $2,500 more for the car. They called me every day for weeks wanting the $2,500 an I told them many times that I wasn’t giving them anymore money cause I wouldn’t have bought the car if it was $2,500 more. After 2 weeks of them calling every day I called my credit card to have them cancel the card so they couldn’t just charge it. Good thing I did that cause a few days later they called and said we tried to charge your card and it don’t work. The problem is they won’t release the title to my credit union and have their lawyer threatening to repo the car if I don’t give them the $2,500. I’m kind of stuck right now cause I don’t have the title but I have all the paperwork showing that the car was paid for and I owe them nothing. My credit union had their lawyer contact the dealership lawyer but the guy was really rude and said we want $2,500 or we won’t release the title and will repo the car. My credit union is now worried cause they have $30,000 out on a loan for a car that they don’t hold title for. Can this dealer from Florida really come to South Carolina to repo my car for $2,500 that I already gave them? Can we file for the title since we have all the paperwork that shows the car was paid for? What is the process for repossessing a car? Do they need to have a court approve the repo or do they just call a tow company to come get the car? I have a lot of cars so this one is just sitting in storage since I can’t put a plate on it without the title. These people sale cars, this is what they do every day. They wouldn’t let someone leave with a car if they didn’t have all the money for it. If they did forget to get everything you would get a call right after you leave or worse case the next day but not 5 days later. Thanks for the help.

[aaron]

Somebody told you to bring $2,500 - who told you to do that, and why did you choose to bring cash instead of a check? Hey, at least you can show you took $2,500 out of the bank on that date, although it would have been much better had you paid the three additional dollars (approx.) to get a money order. You say that you have lots of cars, so you know about documenting payments, getting receipts, and the like.

Somebody took the money from you - who took the money from you, and why didn't you ask that person for a receipt?

I have no access to the "we owe" form, so I cannot comment on who issued it, when it was issued relative to the cash payment, or whether it reflects the credit card charge that did not go through or a cash payment.

I'm not going to speculate about what they may do to correct the situation - whether they would attempt a repo, sue you, or take some other measure.

[forjimmyjay]

They never told me to bring a check for the 2,500. It was originally going to be done on the credit card weeks before I came but for whatever reason they never charged the card. I never thought about the receipt cause I thought the finance guy would give me everything when I left. I was up at 3am to leave for the airport then I had a 12hr plus drive home. My mind was on getting out of there and on the road not if I got a receipt. The salesman took all the papers and money from the credit union folder to the finance guy. The finance guy wouldn’t have done all the paperwork and let me leave if he didn’t have all the money. The we owe form is done with all the paperwork before you leave. I wish they would just sue me, they will lose since I have the paperwork showing balance owed ZERO.