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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I bought a caerchargedr and at the time of purchase I put

Customer Question

I bought a caerchargedr and at the time of purchase I put $12,000.00 down the car cost $16,000.00 However the Honda dealership financed me on $5,000.00 a thousand dollors more than the car cost as a result I put down to much money and instead of Honda returning my money they they kept the overcharge which prevented me from making my payments. As a result my car was repoed and sold infact it was sold for approximately $1,200.00 more than it was worth. Honda gave me back the overcharge, then two months after I received that money they relized I had put down to much money to begin with and sent me another cheque for 2,080.00 dollors. Now had they not overcharged me to begin with I would have been able to make my payments and my car would not have gotten repossed. What kind of legal course do I have against honda for a mistake that they committed in taking my car when it was there doing that prevented me from making my payments in the first place, and the pain and suffering that it has caused me?
Submitted: 7 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

I am sorry but I fail to see a cause of action. Since you did not notice the mistake until after the fact, and the dealership completely refunded you the overage, there is no injury on your part--Honda did not commit theft or somehow held on to too much money. You, it appears, made money on the deal, and therefore you do not have standing to sue under US law. As you signed the agreement for the greater amount, you had to make the payments--your failure to not being able to make the payments is not negated by the very real mistake that Honda made...and later compensated you for. In addition such claims cannot be pursued for pain and suffering--you did not suffer any personal injury such as a battery which would give rise to such claims.

I am sorry.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 5:27 AM EST
Customer: replied 7 years ago.
I think your missing the point. Had Honda not overcharged me to begin with I would have had enough money to make my payments. You say I made money on the deal, well where the hell is the $12,000.00 I gave them. Im out $12,000.00 because of a mistake that was caused by Honda overcharging me in the first place. I got beat for 12 grand and a car, not to mention I lost my job because I couldnt get to work.Now how the hell did I make money on this deal. I would think at the very minimum I would have some type of tort or other legal cause of action, because as a consummer I must rely on these large companys to act farely and not make the type of mistakes that would cause a hardship upon consummers.You also state I didnt suffer serious physical injury. This claim is not made pursuant to Title 42 section 1983 U.S.C. Infact many courts dont support this narrow interpetation of the law. And im not here to battle with you, but I am here to say I do have legal standing and I want to find out the the course of action in pursuing this litigation.
Expert:  Dimitry K., Esq. replied 7 years ago.
Oh I see--when you stated that they sold it for $1,200 more, the assumption was that it was for above the original cost of the vehicle. If that $1,200 was just above the debt, that is a different issue.

I am also not here to battle with you--I am here to interpret your situation and see if I can assist you. The law you cite is not relevant here--a 1983 claim is for due process violation, and not what occurred in this situation. Whether or not courts do or do not interpret the law, you are seeking a constitutional ground which you simply do not possess in this case.

At best you have a breach of contract claim coupled with a claim for deceptive sales practices and a means of getting the state attorney general's office involved. I still do not see grounds for "pain and suffering", as you still remain responsible in reviewing your own agreements when you sign them. If you wish to pursue them, find a good commercial protection attorney in your area to see your chances--I really do not see grounds here for a successful conclusion unless you can prove that you were intentionally misrepresented the contract that you ended up signing. Sorry, I prefer to tell you what I see rather than what you may wish to hear--it would allow you a greater chance in figuring out your best options.

Good luck.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 6:00 AM EST