Contracts Don't Match

Status
Not open for further replies.

Hus214

New Member
Hello,

I financed a car back in 2011 from a local "mom and pop" dealership. When I went to the place it was VERY laid back. I had just started my job and had bad credit so an easy finance sounded perfect. I went in, filled out 2 sheets of paper, made a down payment and the next day had a car. The first paper I filled out was the normal name, address, phone numbers and references. The second paper I filled out stated all the specific information of what I bought and how much the total price was. I didn't have any issues with this auto company (other than nasty attitudes). I made my payments every month and on time. THEN, about a year later they sold my loan to a company in Florida. No heads up, letter, phone call, nothing..I didn't find out until I went to make the monthly payment. They then told me that it was sold and i had to contact the new company to make the payments with them. Well, now at this point, i have to find out who it is, where they are and if this is even legitimate. By the time i finally got in touch with the other auto dealers, I was behind a month trying to check information. I talked to them for the first time and they informed me that the car i thought i was buying for only $11,900 is now $20,000. They explained to me that they only picked up the loan, they didn't add or subtract anything, just took it as is and i needed to talk to the first dealers. Well, guess what..now that company is OUT OF BUSINESS! I did get in contact with the lady i was doing the business with and she tells me.."Charges were added on and legally we don't have to tell you what we are charging. We don't have to tell you anything!" This just doesn't sound right to me, so I research some more only to find out that the statement is half way true. So, what am I to do? I don't have any other choice but to just make the payments because I need to be able to get back and forth to work in order to stay in my home and off the streets. Well, as time goes on I continue to have more and more issues with this new company in Florida. I'm constantly arguing with the manager because I'm requesting information for my account and they are failing to deliver. They always refer to my "contract" and it finally hit me..I NEVER signed a contract. So, I fought with the current dealers until i got a copy of this so called contract they were talking about. You wouldn't believe that they forged my signature on a sheet of paper i have NEVER saw. Fortunately for me, I still have the 2 sheets of paper that I filled out to begin with, notice i said that I FILLED THEM OUT. My signature (as well as theirs) is nowhere on either sheet, but somehow, the current dealer has a signature that looks exactly like my old driver's license signature. The contract that they sent me is so forged that it contradicts itself throughout its entirety. So....I want to know if I can sue for all payments made over the $11,900 total price that I originally got as well as $2000 I had to pay when they repo'd it (unlawfully) and for any damage done to my now nearly perfect credit?
 
Hello,

I financed a car back in 2011 from a local "mom and pop" dealership. When I went to the place it was VERY laid back. I had just started my job and had bad credit so an easy finance sounded perfect. I went in, filled out 2 sheets of paper, made a down payment and the next day had a car. The first paper I filled out was the normal name, address, phone numbers and references. The second paper I filled out stated all the specific information of what I bought and how much the total price was. I didn't have any issues with this auto company (other than nasty attitudes). I made my payments every month and on time. THEN, about a year later they sold my loan to a company in Florida. No heads up, letter, phone call, nothing..I didn't find out until I went to make the monthly payment. They then told me that it was sold and i had to contact the new company to make the payments with them. Well, now at this point, i have to find out who it is, where they are and if this is even legitimate. By the time i finally got in touch with the other auto dealers, I was behind a month trying to check information. I talked to them for the first time and they informed me that the car i thought i was buying for only $11,900 is now $20,000. They explained to me that they only picked up the loan, they didn't add or subtract anything, just took it as is and i needed to talk to the first dealers. Well, guess what..now that company is OUT OF BUSINESS! I did get in contact with the lady i was doing the business with and she tells me.."Charges were added on and legally we don't have to tell you what we are charging. We don't have to tell you anything!" This just doesn't sound right to me, so I research some more only to find out that the statement is half way true. So, what am I to do? I don't have any other choice but to just make the payments because I need to be able to get back and forth to work in order to stay in my home and off the streets. Well, as time goes on I continue to have more and more issues with this new company in Florida. I'm constantly arguing with the manager because I'm requesting information for my account and they are failing to deliver. They always refer to my "contract" and it finally hit me..I NEVER signed a contract. So, I fought with the current dealers until i got a copy of this so called contract they were talking about. You wouldn't believe that they forged my signature on a sheet of paper i have NEVER saw. Fortunately for me, I still have the 2 sheets of paper that I filled out to begin with, notice i said that I FILLED THEM OUT. My signature (as well as theirs) is nowhere on either sheet, but somehow, the current dealer has a signature that looks exactly like my old driver's license signature. The contract that they sent me is so forged that it contradicts itself throughout its entirety. So....I want to know if I can sue for all payments made over the $11,900 total price that I originally got as well as $2000 I had to pay when they repo'd it (unlawfully) and for any damage done to my now nearly perfect credit?

You have two legal options:

One, contact and retain an attorney. The attorney could POSSIBLY pursue any legal remedies you have. You can't go this alone. As you've quickly discovered, they know you are alone. They can simply ignore you, give you a hard time, or step things up to plan 2, 3, or even 4.


Two, contact the Texas Attorney General.
They can pursue criminal sanctions against the dealer and/or lender.
They can possibly obtain a monetary award for you.
They DO have options.
The lender WILL take note of the Texas AG.
The Texas AG can also tell you where you might seek additional help.
In the interim, DO make sure you just keep paying the TRIBUTE they demand.
Do pay the TRIBUTE on time, and retain all proof of payment.

https://www.texasattorneygeneral.gov/consumer/scams.shtml


The Florida AG might also be of assistance to you.

http://myfloridalegal.com/pages.nsf/Main/E3EB45228E9229DD85257B05006E32EC
 
Last edited:
Once you have fulfilled the terms of your original contract if the AG's have not gotten them to correct their books, you will need to sue for specific performance, ie release of lien and clear title.
 
Status
Not open for further replies.
Back
Top