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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1253
Experience:  Lawyer
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Trying to find out answer sister in law She purchased a

Customer Question

trying to find out answer for my sister in law
She purchased a vehicle from hyundi. They also had a loan for her son with a walk away program on it.. Her son told them he was laid off and they bought the car back.. When she went in to get a new vechicle they told her since her son quit the program was not valid. they wrote up an agreement that the money would go on her loan and they would off set it by $150.00 a month. Her husband then bought the car back for his son with a personal loan. So in a nut shell they are paying 2 loans on the car and the 150 off set is not being met.what can she do legally about this
Submitted: 12 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 11 months ago.

From what you've told me, it sounds like the dealership should reinstate their discount since the original contract is back in force. As they are failing or refusing to do so, it seems as though they may be in breach of contract.

The first step you may wish to take would be to send the dealership a demand letter. A demand letter is a letter generally written by a lawyer (since that makes it more 'intimidating' than you personally contacting them) demanding that they pay you back the excess money you've paid and/or reinstate the discount, failing which you will commence legal action against them.

If this demand letter does not work, or you wish to forego it entirely, then you could sue the company in court. If the amount is less than $25,000 (which seems to be the case), you can sue them in small claims court which is a very streamlined and simplified way to litigate. Alternatively, you could file a consumer complaint and try to arbitrate the matter that way. This site may be of assistance for this latter option: http://www.consumerscouncil.com/index.cfm?id=18244

Hopefully that answers your question.

Customer: replied 11 months ago.
she already went to a lawyer as you guys told me u couldn't answer the question so please do not bill me for this

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