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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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Please help! My husband is a disbled OIF combat veteran and

Resolved Question:

Please help! My husband is a disbled OIF combat veteran and needs a RV for in the summer when he is sent for treatment/therapy. We've been looking since Sept. 2012 and finally found a RV that fits our needs. We started the finance process with the delaership. After a few stories that didn't make sense from the finance manager, I requested all paperwork and found out that she was sending incomplete credit applications and that's why we were denied by 3 banks. (My husband and I both have credit scores of 750+)anyways, I talked to the general manager and he said for us to work with a bank directly and they put us in contact. Well, they sold us the RV for $280k and said, they were honoring a manufacturer rebate in the amount of $20k. Well, apparently they didn't think we would get approved and they requested a loan in the amount of $300k and we were told today that the loan was approved for the $300k! Now, the RV dealership is not wanting to honor the $20k manufacturer rebate. They, said they do not pay customers $20k to drive off their lot with a brand new RV that's worth $400k. Well, I'm sorry but that's not my problem and you were the one who wrote up the dealer buyer order? What do I do? They don't want to honor the $20k rebate?
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
LADYLAWYER : First of all, thank you for your family's service. This dealership should be clamoring to help you guys in any way possible, but knowing dealerships, it doesn't surprise me that they're treating you this way.
LADYLAWYER : Can you please tell me if the Purchase Agreement said that they were to issue you a rebate of 20K?
Customer:

this is what is says:

Customer:

Total cash price $300,599.46

Customer:

Cash deposit $20,000.00

Customer:

total down payment $60,000.00

Customer:

remaining balance due $280,599.46

Customer:

However, now that we are approved they are saying that they do not give customers $20k to drive off their lot with an RV that is worth $400k! Well, like I said, previously that is not my problem. The sales manager said he would ask if he could do some kind of military discount due my husband is also a purple heart receipient. He asked, I send him a copy of his certificate. Which, I did. They called the next day and said, we got a manufacturer rebate of $20,000.00. Well, they submitted my loan amount for $300, 599.46. There's a balance of $20k!

LADYLAWYER : Thank you...reviewing...
LADYLAWYER : Was the "cash deposit" money you did not actually put down, but that they credited you for and kept?
Customer:

The "cash deposit" is the $20k "manufacturer rebate" they said they got my husband for him being a purple heart recipient.

LADYLAWYER : Okay, thanks. And are they still claiming you still owe them 20k? Sorry, I want to get everything straight before I answer you.
LADYLAWYER : They have been confusing on purpose.
Customer:

No, their not saying we owe them $20k. The buyer's order says $280,599.46 and the bank is sending them a check for $300,599.46.

Customer:

No confusion!! There's a credit of $20k

LADYLAWYER : It may not be confusing to you, but I am just trying to learn the facts for the first time. If these dealers did not want to be confusing, they wouldn't have said a rebate was a cash deposit. This is not going to be clear to the court either.
LADYLAWYER : However, there are a few routes you can take.
LADYLAWYER : First, you can file a complaint with the Attorney General. They are the agency that regulates businesses in your state. They can mediate this claim for you, but they cannot sue on your behalf. However, the AG usually gets things done just by contacting the company and looking into potential fraud.
Customer:

But, you can't receive a check in the amount more than what your selling and stay with the credit. Also, the salesman is saying if this deal goes through he is going to lose his job.

LADYLAWYER : Secondly--and you can do this along with the AG complaint--you can file a lawsuit based on breach of contract, breach of good faith and fair dealing and fraud. This is expensive and time consuming because you would have to hire an attorney, but you could recoup your costs and fees from the dealer eventually.
LADYLAWYER : I recommend the G complaint first, just because you may be able to avoid litigation altogether that way.
LADYLAWYER : *AG
LADYLAWYER : They all whine about losing their jobs, they think this will get the customer off their backs.
LADYLAWYER : Seriously, they teach each other all the tricks of the trade on how to swindle customers.
LADYLAWYER : Third--and this is a bit unconventional, but it works great--you can contact your local news stations and media outlets to see if they will run a public interest story. As soon as the dealer finds out they will be exposed and that they will be painted in a bad light, they will give you what they should have in the first place.
Customer:

I know! I used to work in the credit world, banks and finance company right before my husband was injured in Iraq & had to quit my job to take care of him. That's why when the finance manager was telling me "alot of who shot john BS, I asked her to send me the paperwork she submitted on our behalf."

LADYLAWYER : They're so terrible. I really don't know how they sleep at night.
Customer:

Then, to add insult to injury, they tell me they need tax returns for the last two years and I told them my husband is 100% medically retired from the military due his combat injuries and therefore, his income is tax exempt and the IRS told us we don't file taxes. Well, they wanted a letter.

LADYLAWYER : Wow, just wow. I would file the complaint with the AG and see about doing the public interest story if you don't mind putting this story out there. Otherwise, see how the AG investigation turns out and then sue if you need to.
Customer:

They said, the application will be put on hold until they receive notice from the IRS. I said, No problem! We call the IRS and they fax us the verification of non-filing and it still wasn't good enough!

Customer:

The IRS guy that was helping us, we so pissed, he told us to file a complaint with our Congressman and maybe they will educate themselves on federal tax law and credit before accusing someone of not paying taxes.

LADYLAWYER : Well, you could do that too, but the AG is who regulates businesses in O and has the power to fine them or impose other administrative remedies, so that is really who to file with.
LADYLAWYER : *CO--my capital C is sticking tonight
LADYLAWYER : You can file the complaint right online here: https://www.coloradoattorneygeneral.gov/departments/consumer_protection/file_consumer_complaint/consumer_complaint_form
Customer:

This has been such a nightmare!!! Horrible experience to say the least. We have never been denied a loan. We also, don't make purchases we can't afford. However, this isn't a purchase for leisure. It's a necessity and it took us months to find what we need. And trust me that it was not easy.

LADYLAWYER : Well, I can relate on a certain level. I have a chronic, progressive illness and cannot fly anymore. So I understand health challenges.
Customer:

My husband says, the "f" with it. And has every right to. Especially, with how they treated us. But, I can't just do that. I would have took my business elsewhere if I could and trust that I tried. The only other RV we found similar to that one was in North Carolina and they needed us to go pick up.

LADYLAWYER : but just to think that these guys were trying to take advantage of someone who defended their freedoms! I am so mad I wish I could sue the lot of them for you!!!!
Customer:

It's hard, when your husband/partner is injured. And we have 3 kids.

LADYLAWYER : You are a saint.
LADYLAWYER : I would expose them all, personally. And if they are committing fraud, a criminal investigation may be warranted as well.
LADYLAWYER : You don't want them doing this to others--which you know they do!
Customer:

Ya, more paperwork it looks like! Ya, I know and that's what's so frustrating. My husband was blown up by an IED while on a convoy in Mosul, Iraq. He was 31. Has a Traumatic Brain Injury from it, PTSD, his back and knees need surgery, obstructive sleep apnea...

LADYLAWYER : Bless you all.
Customer:

the list goes on and on...and you would think they would have a little more respect for them. Nope! Obviously, not at all. To make it worse we are 5 minutes from Fort Carson. We have so many soldiers that have been injured and medically retired, stay in this area and this is how they are treated. Total DisgusT!!

LADYLAWYER : How is his PTSD if you don't mind me asking?
LADYLAWYER : Has it gotten any better?
Customer:

Not good. He has lots of anxiety, especially in crowds. Places he doesn't know. Depression. Headaches, Cognitive dysfunction.

LADYLAWYER : I was dx with a mild form of it too--medically induced from my autoimmune condition! I have gotten better, but no where near 100%. And I cannot process things like I used to. Sights, sounds and smells give me sensory overload a lot of time.
Customer:

When he was active duty we were sent to Louisiana and he did HBOT. Hyper Baric Oxygen Treatment. It helped a little bit. But, he regressed. We just received a call 2 days ago and he was offered a second round of HBOT up in Boulder. and thought perfect timing, because we would have the new RV. Ya..

LADYLAWYER : I am so sorry to hear that. I got help from prayerful meditation but also from neural retraining. Ashcok Gupta and Annie Hopper both have programs a person can do at home.
LADYLAWYER : The brain is such an amazing organ it is plastic and is capable of regeneration to an extent, but to what extent can be so varied.
Customer:

Thank you, XXXXX XXXXX look into that. He's been inpatient at VA Polytrauma Center, and the PTSD program. But, I guess it's like they say, it may get a little better but it will never go away. We recently, went to church the day before Easter. Man, I felt so peaceful when we left. We hadn't been since 2006.

LADYLAWYER : Oh, that has helped me the most. God has been so faithful through the storm when I look back.
Customer:

So, the attorney general is the best way to go? I just feel like they spit in our face and said the hell with you..

LADYLAWYER : Yes, the best and cheapest way to go.
LADYLAWYER : Otherwise, you're looking at a lawsuit or coming out to the public and that may be too stressful for your hubby.
LADYLAWYER : This is Ashcok Gupta's website: http://www.cfsrecovery.com/. Take alook at all the videos there, they are so illuminating.This is Annie Hopper's site: http://www.dnrsystem.com/These are some great resources/articles that will help you see the power of the brain-body connection:http://www.time.com/time/magazine/article/0,9171,1580438-1,00.htmlhttp://www.ei-resource.org/toxicant-induced-loss-of-tolerance- (tilt)/http://www.ei-resource.org/news/multiple-chemical-sensitivity-news/multiple-chemical-sensitivity-caused-by-hypersensitivity-of-the-brain/http://www.nature.com/neuro/journal/v15/n5/full/nn.3093.htmlhttp://limbicretraining.com/
LADYLAWYER : Shoot, those links came out all stuck together. Hope you know where to separate them.
Customer:

Yes, it will. That's why he says "f"it. Ok, well, it was nice chatting with you. I appreciate your time.

LADYLAWYER : more than happy to help you
LADYLAWYER : I will be praying for your family. And again, thank you.
Customer:

Have a good night and hope you feel better. We also eat more healthy and cook with coconut oil. you can buy it at Costco. and I think that has also, helped him alot.

LADYLAWYER : Yes, coconut oil is wonderful for the brain. I use it all the time! :)
LADYLAWYER : If you have any further questions, please just let me know! I hope I have provided you with excellent service tonight!
LADYLAWYER : The rating system has been enabled now. Thank you so much!
Customer:

Your welcome! Thank you, XXXXX XXXXX

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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