Contract cancellation

[bbriana]

Jurisdiction

Kansas

I have a question in regards to a situation that I am in with a car dealership! So, I purchased a car from the dealership in the 31st of May. I refinanced it through my original dealership because I hit a deer and since I had gap insurance they are going to give me $1,000 towards my new vehicle. Well, the dealership told me that they would not give me the car discount (it went from $8,999 to $6,000) unless I financed it through them. So of course I did it, however my original bank was going to pay it it with the new bank so I could still get the $1,000 off. I found out that I didn't need warranty or gap insurance because I had it with my original bank so I canceled it on June 3rd. They told me it would take 30 days to cancel and it would be canceled before my first car payment on July 15th so my original bank can pay it off. Well, today marks 38 days and I have been calling and calling! They will say they will return my calls and don't and I'm just very upset about it. I finally got ahold of the person who financed my car and he mentioned that he could not find my paperwork and that I will have to re-fill out the cancellation contract! This has me furious because I have already been waiting 38 days and it's interfering with my car payments and I'm on the urge of losing my $1,000 towards my car with my original bank because I have until the end of July to get the warranty and gap insurance paid off. They cannot pay off the car until those two things are refunded. The car dealership has been giving me a hard time and they are putting me in a lot of financial burdens due to them not following the contract that I signed. Would I be able to sue for this so I can get n exact refund for the cancellation and the $1000 towards my vehicle?

 

[leslie82]

Have you gone back in and talked to someone in person? It's harder to ignore a customer in person.

 

[bbriana]

Have you gone back in and talked to someone in person? It's harder to ignore a customer in person.

Yes I have! Multiple before I relocated to a new city! I bugged them so many times that they got tired of seeing my face and started talking to me with an attitude.

 

[mightymoose]

If you tried to sue them it certainly would not happen before the end of July, and there may not be anything to pursue in court anyway.
I agree that rather than repeatedly calling you should go to the dealer and discuss things in person.

 

[txls]

Your story is a little bit confusing with the different banks and the $1000. But anyhow, here is how Warranty and Gap cancellations work. The finance manager usually isn't is any hurry to cancel anything. They would rather be spending their time on new business. Next once they do the cancellation paperwork, it goes to the Warranty and Gap companies who will actually issue the refund. In my experience they don't get in any particular hurry either, and at that point it is out of the dealerships control. So yes you have to be the squeaky wheel to make sure the dealership did submit the cancellation request, then after that it could take 30 days to get a check in hand.