Consumer Protection Law

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I don't know if I chose the right option to file this under.

I don't know if I...
I don't know if I chose the right option to file this under. But my issue is here:I put 3k down on a bike and was unfortunately able to ride it due to physical issues with myself. Dealership said they couldn't refund me but offered to keep the bike to sell to someone else. For 3 months the bike sat at the dealership and I was still paying $250 a month. I get a phone call from the dealership saying that Motolease was there to repo the bike and that I haven't paid the whole time i had the bike. I sent proof of the payments automatically coming out of my account but they took the bike anyway and the repo is now on my credit.Every time i would call Motolease i was told that MY account specialist would call me back in which they never did. The only call I received was from somebody wanting me to sign paperwork saying that i voluntarily repossessed the bike.I would like my 3k back or atleast remove the repo from my credit.
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Answered in 9 minutes by:
3/12/2018
KnowYourRights
Category: Consumer Protection Law
Satisfied Customers: 32,838
Experience: Experience protecting consumers against unfair, deceptive, or fraudulent advertising, marketing and financial practices.
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Customer reply replied 5 months ago
are you the same person i spoke with in regards ***** ***** law? or do you all just share the same avatar lol

Good morning. I am sorry to hear about this. Yes, you have a legal right to dispute and challenge this if it is reporting on your credit and when you pull your credit, you should be able to do this dispute online or write the agencies, where this is being reported. They would need to respond and if you can show proof of payment, this would need to be dropped off and the bike would need to be returned and you could go after them for additional damages suffered. You also do not need to wait for them to call you back and you need to call them and speak with someone and email or fax them proof of payment.

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Customer reply replied 5 months ago
All i have are screenshots from my bank app but i sent those in to them months ago, I use a different bank now

You could still get printouts and should contact the bank and ask for this, for your records. They can then be submitted as well, as you will need them if they do not want to accept the screenshots. The issue is where these payments went and how they were applied if they were accepted but not credited to the account.

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Customer reply replied 5 months ago
Okay. How would i go about suing for extra damages like my money down?

That could be done if they refuse to return the bike. I say this because the money down was between you and the dealer. The issue now is that the finance company took possession of the bike back, without a legal basis to do so. If you made the payments and the loan was not in default, giving them the right to exercise this options, they would be at fault and in breach, so you would sue them for the return of the bike ( which you do not want) or the money paid towards it which would be the refund.

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Customer reply replied 5 months ago
Do you happen to now the type of attorney I would need for this?
Customer reply replied 5 months ago
know*

It is a civil matter, so a civil litigation attorney. They would start with a demand letter to the finance company and provide evidence and proof of payment and demand that the bike be returned and this be corrected on your credit. If they failed to act, you would then sue them.

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Customer reply replied 5 months ago
oh okay, got it. What about the dealership for not allowing me to return the bike the moment i tried to ride it home?
Customer reply replied 5 months ago
I also contacted the finance company via the better business bureau demanding the same thing. Does that work the same as going through a Civil Lit attorney?

They would not have to allow you to return it, if you signed everything and bought it. What happened with your condition and any physical issues is unrelated to the sale, so a refund would not have to be issued, unless the contract had a time to cancel and rescind. That complaint would help in trying to settle this , as the BBB may contact them and try and mediate this. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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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 5 STARS! 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.

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Customer reply replied 5 months ago
I also contacted the finance company via the better business bureau demanding the same thing. Does that work the same as going through a Civil Lit attorney? or would I have to go through a Civil Attorney to make the demands?

No, it does not. I shared above that they act as a mediator, to try and resolve this but if they can not get the finance company to work with you to resolve this, you would have to sue

KnowYourRights
Category: Consumer Protection Law
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Experience: Experience protecting consumers against unfair, deceptive, or fraudulent advertising, marketing and financial practices.
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Customer reply replied 5 months ago
ah okay. Thanks : )
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