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KnowYourRights
KnowYourRights, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 25444
Experience:  Experience protecting consumers against unfair, deceptive, or fraudulent advertising, marketing and financial practices.
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I stopped payment on a check for a car deal and ask that the

Customer Question

I stopped payment on a check for a car deal and ask that the tear up the check and return my trade in to me and I would give them their car back. They refused to take their car back and return my trade in. They had the car financed anyway and now they want payment on the check. What can they do and do I need a lawyer? I do not want to pay them because I did not want the car.
I am driving and paying for the car, but none of the things that were in my contract is happening, such as free oil changes, extra coverage aginst theft ect.
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  KnowYourRights replied 6 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  KnowYourRights replied 6 months ago.

Please allow me a moment to respond

Expert:  KnowYourRights replied 6 months ago.

What has their response been to your claims that they have failed to perform and honor what is in the contract

Customer: replied 6 months ago.
The guy in service told me I only have 2 free oil changes, and I let it go at that. Because of the deceitfullness, I changed my mind about the purchase and they refused to take it back before it was financed, so I stopped paynent.
Expert:  KnowYourRights replied 6 months ago.

Thank you.

Expert:  KnowYourRights replied 6 months ago.

The contract which was signed and entered into, is going to control. By that, I mean they have a legal obligation to honor the contract and perform and do what was agreed to and stated within. If they are failing to do so, then they would be in breach and you would have a legal basis to sue them for damages suffered. This is not necessarily a situation whereby you can now cancel the contract, get your money and car back and move on. You can be awarded damages and those would be any cost incurred, as a result of their failure to perform. For example, if you were told you would get free oil changes for X amount of time and they will only give you 2 and you had to pay for them, you could recover. Moreover, if something was covered but they deny it, you could sue for the cost to fix or repair it. They can to simply modify, orally, the contract and what is in writing, will control.

Customer: replied 6 months ago.
What can I do about the check I stopped payment on.
Expert:  KnowYourRights replied 6 months ago.

Once they find out, they are likely to demand you pay it, along with any additional fees they incurred, as a result. At this point, you still have the car and the money was part of the deal, so they could try and go to the prosecutors office, if this is not resolved.

Expert:  KnowYourRights replied 6 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 6 months ago.
It was a post dated check, does that matter?
Expert:  KnowYourRights replied 6 months ago.

Good morning and great to hear back from you. I just kindly ask that you remember to rate my help at the top at this time, so the site will provide me with the proper credit. It does not matter. Even though it was posted dated, it would not matter. The issue is that there was an agreement between you and the dealer and money was exchanged. You took possession of the vehicle but stopped payment, which they were entitled to. I completely understand there are issues with the contract but it does not allow a party to keep a vehicle, not pay and stop payment on a check.

Customer: replied 6 months ago.
Which way are they most likely to come after me?
Expert:  KnowYourRights replied 6 months ago.

They would likely file a civil lawsuit against you, for breach of contract and demand you pay what is owed. However, they may try and go after you criminally, for the stop payment. As I shared , you have possession of the car, this was given to you based upon you paying X amount and then you stopped payment and have not cured it, so they could claim theft

Expert:  KnowYourRights replied 6 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  KnowYourRights replied 6 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!