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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10236
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I traded in a car May 1 2015 which was a Honda Oyssey 2007

Customer Question

I traded in a car May 1 2015 which was a Honda Oyssey for a 2007 Ford Expedition. The Ford broke down within a month and I could not drive it because of transmission problems. The finance company came and picked it up because I could not pay $2000 to fix it. I went to another dealer to get another car and they told me the 2004 Honda Odyssey had never had the loan paid off. I called the finance company which was Watson Financial in Greenville,SC and spoke with Mr. Watson and ask why the Honda loan was still showing on my credit and he told me he was tried to help out Stan Egan (the car dealer) because he was having financial problems. And he would not say anymore until he called stan who immediately called me back. He said he had given Mr. Watson the money to pay it off but he got confused and paid off the wrong loan. So I tried to call Mr. Watson back and he would not take my call. I call Stan Egan back again and he said I will tell you the truth I do not have the money to pay off your car until the end of this month and I was furious and told him this had to be illegal. He said I will give you another car to drive until we can get all of this straightened out and I said no thanks. This was late Friday and I have been told to go to the magistrates office, the DMV and the Sheriffs office to register a complaint for fraud. I am very confused on what to do.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

I am sorry to learn of this matter.

You have two primary courses of action here:

  1. File a civil complaint against the individuals and dealership involved for fraud and breach of contract. You can file in small claims court without requiring an attorney (see: http://www.judicial.state.sc.us/selfhelp/FAQMagistrate.pdf).
  2. File a complaint with the SC Attorney General's Office. The AG's office can investigate the dealership for breach of the state's business and professions code, and pursue administrative and/or criminal charges (they will not prosecute your individual claims - you need to do that through a small claims suit, see above). http://www.consumer.sc.gov/consumer/ComplaintInstructions/Pages/default.aspx

The sheriff's office will likely not be able to assist you as this is primarily a civil matter, again you need to pursue this claim yourself.

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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