My question involves a consumer law issue in the State of: CA
about a month ago i bought a veh from a dealership and the loan officer told me if i dont get the gap I probably will be denied for a loan. So I agreed and i paid 400.00 in cash and post dated a check for 1100 for 3 weeks out. 2 days later i came in and asked if i could cancel gap due to its a used car they said if i cancel gap that it would go back to the bank that will be funding my loan. They had not got bank funding yet, and so they could have redone contract, took gap off so i would have to pay that. They also put on milage 6000 less miles than the car already had. Finally after arguing back and forth with them the new finance manager said they were gonna make everything right they were gonna take off the 850 for gap fix the milage on all paperwork. And this is only after I told him that i check the gap insurance co and there was no record of me purchasing or returning gap. And he admitted they could fix this and that my car payment will be 25.00 lower because gap was removed from loan
so 2 weeks went by and i didnt hear anything and i had made sure money was there for check. I decided to call them to check status.and ask when i could pick up new contract without the gap so i could refinace through my bank for lower interest and payments He acted like we never spoke saying they will refund the finacial institution but it would not change my amount on payments. my payments were the same and they had to see if they can modify my milage. So I told him I was gonna call both the finacial institution to see if they got their refund and the gap insurance co. there was still had no record of adding or canceling a policy. He would not give me his direct mng # or ext. He would not give me number for the financial institution or gap co. upon my research I got a hold of bank financing my loan and they said it was funded as of that day. And that the dealership could have redone contract and omitted the gap. I am now paying for something that i didnt want added and they assured me they would fix it a redraw up a new contract. The finacial institution did state that the dealership could have changed the amount ommiting the gap up to the day that it funded. My question is Did I have the right to stop payment on that check? I left messages with their managers stating i did put a stop payment and until they fix what they did they would not get that 1100. Its been over a week and no one is contacting me. I know they know check didnt clear. Can they try to get my car from me or does the finacial institution own the veh and they are the only ones who can take it? I figured that if they tried to screw me and i was gonna be out 850 plus interest. THey can eat their down payment.
about a month ago i bought a veh from a dealership and the loan officer told me if i dont get the gap I probably will be denied for a loan. So I agreed and i paid 400.00 in cash and post dated a check for 1100 for 3 weeks out. 2 days later i came in and asked if i could cancel gap due to its a used car they said if i cancel gap that it would go back to the bank that will be funding my loan. They had not got bank funding yet, and so they could have redone contract, took gap off so i would have to pay that. They also put on milage 6000 less miles than the car already had. Finally after arguing back and forth with them the new finance manager said they were gonna make everything right they were gonna take off the 850 for gap fix the milage on all paperwork. And this is only after I told him that i check the gap insurance co and there was no record of me purchasing or returning gap. And he admitted they could fix this and that my car payment will be 25.00 lower because gap was removed from loan
so 2 weeks went by and i didnt hear anything and i had made sure money was there for check. I decided to call them to check status.and ask when i could pick up new contract without the gap so i could refinace through my bank for lower interest and payments He acted like we never spoke saying they will refund the finacial institution but it would not change my amount on payments. my payments were the same and they had to see if they can modify my milage. So I told him I was gonna call both the finacial institution to see if they got their refund and the gap insurance co. there was still had no record of adding or canceling a policy. He would not give me his direct mng # or ext. He would not give me number for the financial institution or gap co. upon my research I got a hold of bank financing my loan and they said it was funded as of that day. And that the dealership could have redone contract and omitted the gap. I am now paying for something that i didnt want added and they assured me they would fix it a redraw up a new contract. The finacial institution did state that the dealership could have changed the amount ommiting the gap up to the day that it funded. My question is Did I have the right to stop payment on that check? I left messages with their managers stating i did put a stop payment and until they fix what they did they would not get that 1100. Its been over a week and no one is contacting me. I know they know check didnt clear. Can they try to get my car from me or does the finacial institution own the veh and they are the only ones who can take it? I figured that if they tried to screw me and i was gonna be out 850 plus interest. THey can eat their down payment.
Loan Agreements: If a Dealership is Does Not Honor Their Part in a Loan Can I Stop Payment on Check
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