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I leased a car and the dealership took too much money at signing and caused me primary bank account to be overdrawn. After 3 days and trying to escalate they finally now say they will fix. I want to cancel my deal/lease with them. Do I have a case?
State/Country relating to Question: Washington Already Tried: I have called and emailed the dealership multiple times asking for resolution. Have also contacted Volkswagen America and spoke with an Customer Advocate who told me ultimately it's in the hands of the dealership. The manager flat refuses to discuss anything related to terming the contract.
Thanks for the chance to assist Can you tell me a bit more of what caused this mistake? Did the lease specify a down payment? Did they take more than that amount? Why?
They originally said I did not have to put anything down. At last minute they changed and I said I want to pay with a credit card. The finance person handling the signing said oops sorry we need a check or debit card. Gave a debit card and they essentially charged the downpayment twice. Now my primary checking is in overdraft and funds are on hold. Today they say it's going to be fixed however I really do not want to deal with them for the next 3 years if this is the way it's going to be.
Thank you Did the contract state the amount they were going to take as a down?
Yes it did. $825.30
Thanks Most likely this will not void the lease, if the fix the mistake. But you can try and void the lease since they did not comply with the terms of the lease. A lease is basically a contract. You agree to do something (here, pay for the car) and in return they are agree to do something (here, give you the car for the period of the lease) Since they did not live up to their end of the bargain (charged you more than you agreed for the down) you can argue this was a violation of the terms of the lease. Now, the only hitch is if they correct this mistake, the court may rule that it was not a material breach of the terms of the lease, since the error was a mistake...and fixed. BotXXXXX XXXXXne; if they fix this, its not likely you can break the lease...but if they do not fix, you can use this to void the contract (lease) Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
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Law Degree, 12 Years of trial experience