S
sebvad
Guest
I live in Pennsylvania.
Recently we purchased a vehicle from a large dealer, and subsequently were issued a refund check that read 'refund: overpayment on car deal" for approximately 1,000 dollars. Turns out that this was issued to us in error, and we were not entitled to it. When the dealer contacted me to discuss, essentially the conversation went "you will return the money to us right away, if you don't we'll sue and turn it over to the district justice for collections, and you share in responsibility for this mistake".
I have absolutely no problem returning the money if we're not entitled to it. Clearly his approach rubbed me wrong, and today I visited them and tried to give him 10 dollars and asked for a reciept, telling him I'd make small payments every month until the balance was zero. He refused to accept the payment, and again threatened to take legal action unless the entire amount was returned immideatly.
From what I understand of the Consumer Protection Act of 1991 (I may not understand it correctly..), no business may provide unsolicited materials to a consumer, and then require said consumer to respond or take any action as a result of those unsolicited materials. My questions are:
1) legally, is he entitled to a return of the refund check he gave us (ethically, i will return it - i'm curious as to his threats to sue)
2) does the fact that I attempted to pay, laid out a schedule of regular, small payments - to which he refused to accept have any bearing on his right to the money, or does his refusal to accept relieve him of that priviledge?
We paid for the vehicle in full one month after purchasing it, and payment of vehicle in full preceeded the above by two months (we have each fulfilled all contractual obligations between us).
Thx
Recently we purchased a vehicle from a large dealer, and subsequently were issued a refund check that read 'refund: overpayment on car deal" for approximately 1,000 dollars. Turns out that this was issued to us in error, and we were not entitled to it. When the dealer contacted me to discuss, essentially the conversation went "you will return the money to us right away, if you don't we'll sue and turn it over to the district justice for collections, and you share in responsibility for this mistake".
I have absolutely no problem returning the money if we're not entitled to it. Clearly his approach rubbed me wrong, and today I visited them and tried to give him 10 dollars and asked for a reciept, telling him I'd make small payments every month until the balance was zero. He refused to accept the payment, and again threatened to take legal action unless the entire amount was returned immideatly.
From what I understand of the Consumer Protection Act of 1991 (I may not understand it correctly..), no business may provide unsolicited materials to a consumer, and then require said consumer to respond or take any action as a result of those unsolicited materials. My questions are:
1) legally, is he entitled to a return of the refund check he gave us (ethically, i will return it - i'm curious as to his threats to sue)
2) does the fact that I attempted to pay, laid out a schedule of regular, small payments - to which he refused to accept have any bearing on his right to the money, or does his refusal to accept relieve him of that priviledge?
We paid for the vehicle in full one month after purchasing it, and payment of vehicle in full preceeded the above by two months (we have each fulfilled all contractual obligations between us).
Thx
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