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 Help! Unscrupulous California Dealer! (Page 1)
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| Author | Topic: Help! Unscrupulous California Dealer! |
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Vegas_Steve Prowler Enthusiast From:las vegas, nv, usa |
posted 03-04-2002 09:15 PM
    
Here's the basics. I contacted a Dealer in CA who had a Prowler on ebay but the reserve was not met. This car had been wrecked and this was disclosed on ebay. The Dealer told me the damage was minor and that he had fixed it. He sent me pics of the damage and repairs. It looked as if it was repaired correctly. I asked the Dealer why the car was totaled (it has a "Salvage" title). He told me the owner insisted that the insurance company "total" the car because he didn't want it after it had been wrecked. He also told me as a private individual I could have the title "cleaned up" and it would no longer be a "salvage" titled vehicle. He said he would show me how to do the paperwork. I sent the Dealer 500.00 to hold the car. Afterwards I found out the following: (1) the title cannot be cleaned up legally and (2) I contacted the prior owner and he told me he begged his insurance company NOT to total the car. He wanted them to pay him off and he would fix the car himself and keep it. The insurance company said the car had stress cracks in the frame and they couldn't assume the liability of not totaling the car. After learning of these negatives I contacted the Dealer and told him I no longer wanted the car and gave him the reasons why. He told me he would send me half (250.00) of my money back. I agreed. Now it has been 10 days and he won't return my calls and he has not FedExed my money. It's obvious he is playing games now. Because of this experience I decided to forget buying a used Prowler and went after a new one which I got on Friday. If anyone out there has any knowledge of CA law and how it applies here I would be grateful for the help. Thanks, Steve. ------------------ |
Wayne Finch       POA Site Supporter Prowler Junkie Personal ScrapBook From:Toronto, Canada |
posted 03-04-2002 09:22 PM
Steve, sounds like you are having a rough ride with your Prowlers. Good luck! ------------------ |
CJ              POA Lifetime Site Supporter Prowler Junkie Personal ScrapBook From:Rochester Hills, MI USA |
posted 03-04-2002 09:31 PM
Steve.....don't know CA law, but here are a few suggestions: Contact the dealer one more opportunity to resolve the issue. If he doesn't, you could contact: 1. The CA Dealer Licensing Board This message has been edited by CJ on 03-05-2002 at 03:48 PM |
TaxKat POA Site Supporter Prowler Junkie From:Huntington Beach CA |
posted 03-04-2002 09:52 PM
Do all that CJ said and then SUE HIM IN SMALL CLAIMS COURT. Good Luck ------------------ |
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Wayne Finch POA Site Supporter Prowler Junkie Personal ScrapBook From:Toronto, Canada |
posted 03-04-2002 10:01 PM
Where's Judge Judy ------------------ |
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Vegas_Steve Prowler Enthusiast From:las vegas, nv, usa |
posted 03-04-2002 10:11 PM
Thanks for the replies. I don't really want to go after this guy. I would rather just find the applicable law and send him a copy via email. This should move him to refund half once he sees I know the law and am not going to just sit back and take it. A CA Dealer has already told me he can't keep ANY of my money by law. I'm only asking for half back; I think that's reasonable. If I have to waste more of my time with this I will probably get NASTY My brother is an attorney and Judge (in Mississippi) and if this drags on too long I'll give him a call for advice. Judge Judy LOL. She'd chew this guy up; she takes no BS ------------------ This message has been edited by Vegas_Steve on 03-04-2002 at 10:14 PM |
Scot Stern POA Site Supporter Prowler Junkie From:Escondido, CA |
posted 03-04-2002 10:22 PM
Since I live in California.... If this dude is in Southern California, I could simply drive up there in my Prowler and tell him that if he doesn't send you back the whole $500 I'll thrash him to a pulp! When he sees my overall buff body he’ll want to pay in cash to avoid the humiliation of taken a severe smacking in front of his employees. I'll bring the local TV station with me and at 115 years old when they see the whipping that I put on this guy they will probably pay you the $500 just to have me join the World Wrestling Federation. Those boys put on a show, but I’ll bet that even they would be scared of me when I step to commence the smacking. On the more serious side, if he is a licensed California Car Dealer, then you should have little or no trouble collecting your money as any reputable dealer does not want the State performing an investigation over a $500 claim. In the unlikely event that he is a bit shady, they usually don’t want to incur additional problems with the State once they realize that you are serious about getting your money back. If all of the above does not work, I'll take Gary and Alley Cat down there and have Gary gas him and Alley Cat write about him, and I think that he’ll refund the money on the spot! Alley Cat is the best there is and when he decides to work out on you it is all but over. Gotta run as it is Monday night and on Monday's Dew Drop makes some real good vitals and then we watch the re-runs of Leave it to Beaver and Father Knows Best. Scot ------------------ |
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Vegas_Steve Prowler Enthusiast From:las vegas, nv, usa |
posted 03-04-2002 11:10 PM
Scot - we can't unleash Gary & Alley Cat on this guy. Even scumbags are afforded some protection under the law. I don't know why he's acting in this manner. I can only assume he thinks I am going to just go away. The 500 bucks is no big deal; but it's starting to get personal now because he agreed to send me 250 and he didn't come through. I don't tolerate liars very well.  ps - don't forget to watch "Mannix" ------------------ |
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JRL POA Site Supporter Prowler Junkie From:Devon, Pa. USA |
posted 03-05-2002 07:14 AM
I'm surprised at his actions. In most states, if not all, a dealer must give a deposit back to a buyer who changes his mind. I believe this to be the case in Ca. If, after a week, you're unable to resolve this, let me know (on the site) and I'll call a friend in Ca. to look up the applicable law. JRL |
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C5 Frank Prowler Junkie From:Palm Beach Gardens, FL. |
posted 03-05-2002 07:20 AM
You could just send over one of my Chicago buddies Vinny the Fish..... he fixes everything.... one way or another.LOL ------------------ |
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WPG Prowler Junkie From:Orlando, Florida |
posted 03-05-2002 07:25 AM
Back in September of last year, I almost had to take legal action against a dealership that would not refund $500 we had put down on a car for my fiancé. They lied to us throughout the whole process (imagine that) and told us the car would be at their dealership on a certain date. The date came and passed and still no car. After a couple days, we informed them that we did not wish to do business with their dealership and wanted our deposit back (which was a personal check that they immediately electronically debitted from my bank account, even though I specifically expressed that we did not want to put this money down on the car and I even wrote in big letters on the check "NOT TO BE CASHED"). In the end, I gave them an ultimatum to refund the money by 4:00 that day or my lawyer would be there by 4:30. Needless to say, there was a check waiting for me at 4:00. I am not saying that the legal route is the one to take and I understand that it is now personal. But you deserve your full $500 back and I would not stop until you receive it. Be persistant and don't back down. ------------------ • MTD Prowler Intake System 2.2 |
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amcmahon Prowler Junkie From:Carlsbad,Ca,US |
posted 03-05-2002 12:39 PM
Where in Cali is it? I live in San Diego and if you're having troubles contacting this guy speak to his manager or another rep at the dealership? What's the name of the dealership? I guarantee if you talk to someone else they'd help you get your money back. They can't keep any of your deposit and won't lose reputation over $500. They're lucky it's not me or they'd have an irate customer in their showroom floor. Another thing is if your brother is an attorney call him. Have him call the dealership and I'm positive he can have the money overnighted to you. |
CWatsonJr POA Site Supporter Prowler Junkie Personal ScrapBook From:Pollock Pines, CA, USA |
posted 03-05-2002 01:10 PM
Please tell who this dealer is and where they are located. If they are in L.A. ..... ohh never mind - but PLEASE let us know. ------------------ |
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Vegas_Steve Prowler Enthusiast From:las vegas, nv, usa |
posted 03-05-2002 02:29 PM
amcmahon - this is an independent Dealer who deals in used cars only (to the best of my knowledge). Apparently he buys most of his cars thru car auctions and salvage auctions. At this time I don't want to reveal his name or that of his business. I am trying to be civil and just get what he promised me on the phone - half my down payment back. His offer is now down to 150 (he replied to an email I sent him; he said "because of the time I'm away from my family responding to your email I'm going to deduct 100 and only send you 150."). If he is stupid enough to let this escalate I will cause him problems. At this point it is not about the money but the principle. I am not a rich man but far from broke; the 250 is no big deal. Thanks for your advice but I don't think this can be handled like you would with a regular Dealership. On the positive side I have talked to another Dealer in CA and he told me that by law the guy must refund all my down payment (unless I signed a statement agreeing to forfeit it; which I did not). Steve ------------------ |
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amcmahon Prowler Junkie From:Carlsbad,Ca,US |
posted 03-05-2002 02:48 PM
That's what you needed to clarify in your original post. Dealing with small used car dealers and large dealerships is entirely different. But the law is the same for both. I don't understand why you wouldn't want to release this dealers name to the Prowler owners. What if one of us see's it and wants to buy it. We'll have to go through the same crap you are. Informing the rest of the world of a crook is the only way to stop one. After that last reply about reducing the refund I would seriously be knocking on his door. BUT to handle things more civilized report him to the Better Business Bureau. Or at least tell him you are and see if that makes him twitch. If that doesn't work have an attorney call him. Like you said it's about the principal and jerks like this need to be put in their place. It's not the classic car dealer off 101 is it in Encinitas? He seemed really nice to me but that's the only used Prowler I've seen in the area. |
Kelley Austin Prowler Junkie From:Newport, Arkansas, USA |
posted 03-05-2002 03:38 PM
Just let C5 Frank's buddies go over and burn his house down. The scumbag!! ------------------ |
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Vegas_Steve Prowler Enthusiast From:las vegas, nv, usa |
posted 03-05-2002 03:50 PM
Interstate Auto Exchange in Ontario. I was very reluctant to post this because it's possible other people have had good dealings with them; then I look like the bad guy. I have no desire to get into "a war" on this forum with someone who may know this Dealer. I'm only reporting MY experience. The guy I dealt with was extremely nice until I backed out on the deal and then things got ugly. I truly feel bad that these events ever happened. I feel somewhat responsible because in my "rush" to get a good deal I sent him $500 without doing my homework first. "Let the buyer beware." I had a hard time tracking down the original owner and when I did he turned out to be a really nice guy and a Prowler Fanatic. He set me straight on the car, the reason the insurance company totaled it, etc..........
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CJ POA Lifetime Site Supporter Prowler Junkie Personal ScrapBook From:Rochester Hills, MI USA |
posted 03-05-2002 03:54 PM
I would assume that even though he is an independent used car dealer, he still has to be licensed with the State. You can still contact all of those agencies I listed above. I understand that it is not the money, but the principle at issue now. However, look at it this way, also......if you let it drop, how many other people will he try this on? I'm sure many before you and probably many after, but if you stand up for your rights and your money, he will know that not everyone will let him get away with it. I would be going after the $500. Did you sign any agreement that says that if you renege on the deal, you only get half of your deposit back? |
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CJ POA Lifetime Site Supporter Prowler Junkie Personal ScrapBook From:Rochester Hills, MI USA |
posted 03-05-2002 04:10 PM
Steve.....you might also want to try this: Where Can I Get More Information? The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or to get free information on consumer issues, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the online complaint form. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. FEDERAL TRADE COMMISSION |
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CWatsonJr POA Site Supporter Prowler Junkie Personal ScrapBook From:Pollock Pines, CA, USA |
posted 03-05-2002 04:14 PM
Steve - I agree with CJ - you have to go for the whole thing or he will not learn and will keep doing it. If not for yourself - think of others he may try to swindle later. JMO Additionally - if you only go for part, it looks like he deserves to keep it for some reason. That may go against you in the long run. ------------------ This message has been edited by CWatsonJr on 03-05-2002 at 04:16 PM |
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JRL POA Site Supporter Prowler Junkie From:Devon, Pa. USA |
posted 03-05-2002 04:20 PM
You don't get it. You're entitled to ALL of your deposit,not just half. |
WildCat POA Site Supporter Prowler Junkie Personal ScrapBook From:North Louisville, Indiana, USA |
posted 03-05-2002 04:29 PM
There are too many dealers selling cars that should not be back on the road. I believe he should refund the full $500. It isn't the money but the principle, RIGHT. Show him that telling you that the title can be cleaned up is AGAINST THE LAW. The reason they have salvage titles is so the car can NEVER be sold as a clean car. I would hate to buy a car and find out the someone had used less than upstanding ways of making some big $$$$ by doing this. HE SHOULD BE REPORTED My 2 Cents ------------------
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Scot Stern POA Site Supporter Prowler Junkie From:Escondido, CA |
posted 03-05-2002 04:31 PM
Just a thought.... This guy is starting to sound like a Chrysler trying to start in the morning. A lot of whirring and no action! I would not let the matter drop, and I would pursue the refund in full through the motor vehicle department if he does not send you the $500 in two days! Each dealer has to post a bond and if there is a problem you can go against his bond and usually prevail. This is principle and I would stick to it but I would insist on the whole $500. Enough is enough and this guy needs to be brought to task. Now that we have the business side handled let's get crazy which is what I am known for. Since the $500 big ones are not the issue, let's collect the cash and then place it on one Black Jack hand in Vegas. If you win, you keep your $500 and send the balance to Sassy Mama as a donation to the Cancer Society. In this way, everyone wins. If you lose, you will have the satisfaction of knowing that you lost trying to help a good cause. Now, in the event that you win a Black Jack, and you feel that the winnings are too much for the Cancer Society, you could always send some cash to the Billy Bob Bodine home for unwed mothers in Menlo Park, California. A lot of those little darlings look like Gary, and I am sure that a donation to help defray some of the continuing costs of motherhood would be sincerely appreciated. I used to watch Mannix as a regular but lately I have been limiting myself to Cisco Kid, Sea Hunt, Sky King, Bonanza and My Friend Ficka. I find the intellectual stimulation is enough to keep me sane in this insane world. Mannix is a lot like McGivor in that he could accomplish anything within an hour and with no resources. When I get really stimulated I watch a Bo (Colombo) and try to figure out how many times Peter will say “just one more thing.” Gotta run as my Jolly Time popcorn popper just arrived via UPS and I am anxious to try it out. I also have one of those "hotsy totsy" sealing machines and I am excited about sealing Dew Drop up in one of those plastic bags so that I can keep her fresh along with the excess popcorn. Scot ------------------ |
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WILD THING POA Site Supporter Prowler Junkie From:Harrisville, R.I. |
posted 03-05-2002 04:32 PM
Steve if you like i can send a couple of friends to collect, their names SMITH & WESSON!, we can probrably get the car for free! hehehe seriously hope everything works out for you. |
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Vegas_Steve Prowler Enthusiast From:las vegas, nv, usa |
posted 03-05-2002 04:32 PM
CJ & Cliff - yea I'm thinking about going after the whole $500 but I just basically want to get this over with. I don't like dealing with people like this....life is too short I just want to move on. I did not sign anything......just sent the $500 like a fool. I don't want to mislead anyone reading this thread. The Dealer DID disclose (on ebay) that the car had a "salvage title". (Of course he couldn't have hidden that fact anyway.) He plain lied to me about other things which I have already mentioned. My best guess is that he has done this before and figures I will back off...........most people do. ------------------ |
2001 Silver Prowler
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