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TJ, Esq.
TJ, Esq., Attorney
Category: Consumer Protection Law
Satisfied Customers: 11959
Experience:  JD, MBA
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I need a lawyers fraud.

Customer Question

I need a lawyers for consumer fraud.
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  TJ, Esq. replied 8 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. Do you have any specific questions?

Customer: replied 8 months ago.
I purchased a vehicle from a dealer in Queens, NY on June 05, 2016. I put $3000 as a deposit on the vehicle. I got a call on June 10, 2016 from the dealer stating that the finance company, Capital One Bank, said that the credit application was fraud, six days after it approved the credit application. On June 03, 2016, the finance manager said that it could not get me financing for the vehicle. On this particular date, I went in with a pre-approval loan certificate from my bank to purchase the vehicle. However, the finance manager and sales agent would not let me use my own bank. The following day, the sale agent I have been working with told me that I got approved for the vehicle and to come back in and get it. On June 10, 2016, dealer called NYC police and stated that I committed fraud and am in the possession of a stolen vehicle. I still have the vehicle because it was me who legally purchased it. I was told that I would have to hand over the vehicle and could not get my deposit back. What are my legal options? If I were to face criminal charges, I need attorney assistance to post bond and answers the charges on my behalf.
Customer: replied 8 months ago.
To sum it up, the finance manager tried almost a dozen different banks, but could not get my credit application approved on June 03, 2016. At around 14:25 the following day, the sales agent sent me a text stating that a bank was found to approve the finance application. I went in on June 05, 2016, signed all the paperwork, and took delivery of the vehicle. On June 05, 2016, I got a call from the sales manager staying the finance company said that the credit application was fraud and that I was reported to police for fraud and the possession of stolen property.
Expert:  TJ, Esq. replied 8 months ago.

Hi again.

If you did not and can not pay for the vehicle, then you should indeed return it. Accordingly, if the credit application was not successful, then that means the dealer did not get paid. Having said that, the notion that you could not use your own bank makes absolutely no sense. Doesn't the dealer take cash? If you use your own bank, then that means you go to your bank, pick up a check, and take that check to the dealer to pay for the car. I'm sure the dealer would be happy to get paid in full that way. So, if I were you, I would go to your bank and get that check if your bank is willing to loan you the money.

As for the claim of fraud, that sounds ridiculous, assuming you were truthful on your application. Accordingly, I wouldn't worry much about criminal charges.

In sum, I would either (1) return the vehicle, or (2) go to your bank, apply for the loan, get the check, and take it to the dealer.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 8 months ago.
I would have no problems paying for the vehicle monthly. My bank wants to have a buyer's order and title first before it would issue the dealership a check. The dealership stated that it could not do this, even after receiving a letter of guarantee from my bank. Please note thst my bank is out-of-town and everything would have to be done by overnight mail.
Customer: replied 8 months ago.
My bank won't just give me a check to give to the dealer.
Expert:  TJ, Esq. replied 8 months ago.

Hi again.

I doubt the dealer will take monthly payments ... it's not a bank, after all. It will want to be paid in full.

Your bank is acting a little out of ordinary in my opinion. If I were the dealer, I would NOT give the title before being paid in full either. That's just not how business is done. My suggestion is to find another bank, preferably one that's located in town.

Customer: replied 8 months ago.
I already signed all of the paperwork, including the title and bill of sale.
Expert:  TJ, Esq. replied 8 months ago.

Hi again.

Doesn't the paperwork require that you pay for the vehicle?

Also, it probably has a finance clause which states that if financing cannot be found, then you must return the vehicle. That language would be typical, but of course without seeing the contract I can't say for sure. But what I can say is that you certainly must pay for the vehicle.

Customer: replied 8 months ago.
Well, I approved for financing through Capital One Bank. I went through the credit application verification process in June 04, 2016. Then it stated to the dealership that the credit application was fraud. Why? The bank provided no explanation.
Expert:  TJ, Esq. replied 8 months ago.

Hi again.

I would only be guessing if I told you why Capital One considered your application to be fraud. Did you contact Capital One to ask? What did they say?

Customer: replied 8 months ago.
Capital One stated that it received an alert from the Consumer Financial Protection Bureau that the credit application was possibly fraudulent. I have a fraud alert on my credit files which was placed on them on October 13, 2013.
Customer: replied 8 months ago.
The loan officer at my bank stated that the bank had to be provided with the actual title to verify it's authenticity before it could issue the payment for the vehicle.
Expert:  TJ, Esq. replied 8 months ago.

What is the reason for the fraud alert? Why did the CFPB claim that the application was possibly fraudulent?

Customer: replied 8 months ago.
I placed a fraud alert on my credit files because, after viewing my credit reports in October 2013, there were names, addresses, and inquiries on them that were invalid and not associated with me. However, Capital One Bank noticed the fraud alert on my credit files, contacted me, and asked me some security questions to verify my identity and that I actually applied for the account before it approved the credit application. It approved the credit application on June 04, 2015 before I signed all of the paperwork and took delivery of the vehicle. Six days later, it stated that the credit application was fraudulent. I had to present two forms of identification along with my insurance card before I could purchase and take delivery of the vehicle. Now, I have a car and it is not paid for and financed, according to the dealership. The sales manager said that I am in the possession of stolen property.
Expert:  TJ, Esq. replied 8 months ago.

Have you since contacted Capital One and asked them why the application was considered fraudulent, given that you already confirmed that you had indeed applied for the loan?

Based on what you wrote, it sounds like Capital One made a mistake.

Customer: replied 8 months ago.
The dealership wants to have me arrested and charged with fraud and the possession of stolen property. I believe I need a criminal defense attorney. I can afford to hire one if a referral is provided.
Customer: replied 8 months ago.
The dealership wants to have me arrested and charged with fraud and the possession of stolen property. I believe I need a criminal defense attorney. I can afford to hire one if a referral is provided. Capital One cancelled the loan and would not reconsider the credit application. The dealership could not get me approved for financing through any other financial institutions in its network. Please not that my credit scores range from 704 to 769.
Customer: replied 8 months ago.
Capital One stated that the information in my credit files did not match that given on the credit application. It received an alert from the Consumer Financial Protection Bureau that the credit application was possibly fraudulent. I have a fraud alert on my credit files which was placed on them on October 13, 2013.
Expert:  TJ, Esq. replied 8 months ago.

Hi again.

If you need a criminal attorney, I would call one of the attorney found with a 10 rating here:

https://www.avvo.com/criminal-defense-lawyer/ny/new_york.html

But I highly doubt that is required based upon the facts that you shared. Nothing you mentioned indicates that a crime was committed. This is a contract dispute, and I would be very surprised to find that the police get involved at all.

My suggestion is to simply give back the vehicle, however. That will likely resolve all issues, and then you can find a dealer that will work with your out of town bank.

I wish you the best. Please remember to provide a positive rating so that I get credit for answering your questions here today. Thank you .

Customer: replied 8 months ago.
The dealership sales manager stated that my deposit is not refundable since I took delivery of the vehicle and drove it of the lot. What are my legal options if I returned the vehicle?
Expert:  TJ, Esq. replied 8 months ago.

Hi again.

If you return the vehicle, and the dealer does not return the deposit, then your only legal option is to sue the dealer. That is the only way you can force the dealer to repay you if it refuses to do so voluntarily. I would use an attorney for that as well, since the dealer will surely have an attorney.

https://www.avvo.com/lawsuits-disputes-lawyer/ny/new_york.html

Expert:  TJ, Esq. replied 8 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

Customer: replied 8 months ago.
I will have to wait until June 20, 2016 to contact a lawyer about how I should proceed with this case. I feel that I should get my deposit back if I return the vrhicle and the dealership cannot secure me financing. I have begun to shop elsewhere for a vehicle.
Customer: replied 8 months ago.
Maybe I will have better luck with another car dealership that uses a different network of banks and lenders.
Customer: replied 8 months ago.
Capital One Bank just stated that it cannot and will not open another account for me.
Expert:  TJ, Esq. replied 8 months ago.

Hi again.

I agree with everything you wrote. I'd find a new dealer, and I'd expect a refund if you return the car. I wish you the best.

Customer: replied 8 months ago.
I plan to hire and have a lawyer with me at the time I return the vehicle, especially if during operating hours, and should law enforcement be notified and involved when I come.
Expert:  TJ, Esq. replied 8 months ago.

That certainly wouldn't hurt.

Expert:  TJ, Esq. replied 8 months ago.

Hi again. Please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!