Car dealership used our signature from a previous car purchase to purchase a new car

[annah]

They informed us about it in an email that read: "hey (...) i talked to the finance manager just wanted to let you know seeing that you bought a couple of cars from us and we had your signature on file we went ahead and sent it to our business office like that so we were all set for now." Now the loan department wants 30K from us for a car we have not seen once, and the dealership argues that we "showed intent to buy". Can a dealership forge our signature on a loan application, intent or no intent? Lawyers do not want to go against the established business because it is a small community.

 

[Banned_Princess]

They informed us about it in an email that read: "hey (...) i talked to the finance manager just wanted to let you know seeing that you bought a couple of cars from us and we had your signature on file we went ahead and sent it to our business office like that so we were all set for now." Now the loan department wants 30K from us for a car we have not seen once, and the dealership argues that we "showed intent to buy". Can a dealership forge our signature on a loan application, intent or no intent? Lawyers do not want to go against the established business because it is a small community.

We are going to need to know the state you are in. That was petty clear, from our question you convienently erased.

 

[annah]

The state is California, Central Valley. I would be surprised if the actions of the dealership are legal in any state, although I am a complete novice in this professional field.

 

[Zigner]

No, this is not legal.

We didn't know if you were even IN a state

 

[annah]

Any suggestions, ladies and gentlemen, on which actions to take next? We consulted 2 local lawyers and out $500 only to hear that the courts here are likely to take the side of the man who owns several dealerships in town, so will police. The change of venue (to move court out of county) is not possible, we were told. I am considering filing with Attorney General of the state and, maybe, writing to some newspapers.

 

[swalsh411]

What Court are you talking about? Have you been sued?

Inform the loan department that you never signed an application for the loan, don't want the loan, and will not be making any payments on the loan. If it shows up on your credit report, dispute.

 

[Mass_Shyster]

Any suggestions, ladies and gentlemen, on which actions to take next? We consulted 2 local lawyers and out $500 only to hear that the courts here are likely to take the side of the man who owns several dealerships in town, so will police. The change of venue (to move court out of county) is not possible, we were told. I am considering filing with Attorney General of the state and, maybe, writing to some newspapers.

It sounds like there are important parts of the story missing.

Did the two local lawyers say that the courts and police would back the dealer BECAUSE he is a big shot in town, or was there another reason given.

How did you show intent to buy a car?

 

[tranquility]

Report the forgery to the police. Show them the email and tell them all the surrounding facts. Your fears of everyone being in with the dealer are ungrounded.

 

[Antigone*]

If you didn't sign the purchase contract, you didn't buy the car. Make sure you don't take possession of the vehicle either.

 

[annah]

Thank you all for your posts!

We have informed the loan department but they want the police report, identity theft report, etc. The police officer sided with the dealership saying that we showed intent, which the lawyers said is an expected development in our neck of the woods. The lawyers also elaborated at length (at $250/hr) how unfair the local justice system is, frequently siding with large established businesses. Here are the details, though, I am glad you asked for them.
The car has a cosigner, our former babysitter, who we discussed demonstrating that we are her source of income at the time she was searching for a car (since she does not work for a hospital, Walmart, or similar, some letter, we thought, could be needed). Unfortunately, in an ESL mistake a word "cosign" was used. Yet we never went to a dealer, never signed anything or even saw a loan application, never had the car, did not know the amount or conditions of the loan until the bank has started sending us statements. We had purchased 2 cars from the same dealership, and they used our previous application, changed some numbers, had the babysitter also sign it, and submitted it to the bank like this! The babysitter told the dealership, we found out later from the police investigation, that the transaction was to be secret from the wife. Thus, the husband, a local doctor with impeccable credit, ended up a co-owner of her car and of her loan, the babysitter has fallen off the face of the Earth, is not making payments, and is tarnishing our credit. Luckily, we have the email from the dealer stating what they did (see original post). Originally, we assumed that they used us as her reference like that (replied "thank you" to email, thus - intent), but eventually it transpired that they committed us to a nearly 30K loan (thank goodness it was not a Porsche).
Now the loan department is likely to repossess the car and hold us accountable for the loan we never signed + all their expenses, seeing that the babysitter has nothing to take. Even if they don't repossess it, we are looking at years of destroyed credit. So a lawsuit of some sort is likely, it seems.
Also, the lawyer recommends having possession granted by the civil court and taking over the loan and car. Would be really great if we could avoid this.

 

[Antigone*]

We have informed the loan department but they want the police report, identity theft report, etc. The police officer sided with the dealership saying that we showed intent, which the lawyers said is an expected development in our neck of the woods. The lawyers also elaborated at length (at $250/hr) how unfair the local justice system is, frequently siding with large established businesses. Here are the details, though, I am glad you asked for them.
The car has a cosigner, our former babysitter, who we discussed demonstrating that we are her source of income at the time she was searching for a car (since she does not work for a hospital, Walmart, or similar, some letter, we thought, could be needed). Unfortunately, in an ESL mistake a word "cosign" was used. Yet we never went to a dealer, never signed anything or even saw a loan application, never had the car, did not know the amount or conditions of the loan until the bank has started sending us statements. We had purchased 2 cars from the same dealership, and they used our previous application, changed some numbers, had the babysitter also sign it, and submitted it to the bank like this! The babysitter told the dealership, we found out later from the police investigation, that the transaction was to be secret from the wife. Thus, the husband, a local doctor with impeccable credit, ended up a co-owner of her car and of her loan, the babysitter has fallen off the face of the Earth, is not making payments, and is tarnishing our credit. Luckily, we have the email from the dealer stating what they did (see original post). Originally, we assumed that they used us as her reference like that but eventually it transpired that they committed us to a nearly 30K loan (thank goodness it was not a Porsche).
Now the loan department is likely to repossess the car and hold us accountable for the loan we never signed + all their expenses, seeing that the babysitter has nothing to take. Even if they don't repossess it, we are looking at years of destroyed credit. So a lawsuit of some sort is likely, it seems.
Also, the lawyer recommends having possession granted by the civil court and taking over the loan and car. Would be really great if we could avoid this.

Are you the wife?

Now the real story comes out. Hubby bought a car with the babysitter and wifey didn't know. Now wifey has half the story and is blaming it all on the babysitter and the dealership.

I knew this sounded way to funky to be true.

 

[annah]

Oh, how unpleasant. Wifey has a PhD, and her English is better for online communication on forums. If Hubby wanted to buy a car, he would have bought a car, not connect his credit line with an irresponsible person for years to come.
Now, please a real answer.

 

[Antigone*]

Oh, how unpleasant. Wifey has a PhD, and her English is better for online communication on forums. If Hubby wanted to buy a car, he would have bought a car, not connect his credit line with an irresponsible person for years to come.
Now, please a real answer.

It doesn't matter how many degrees wifey has. She has been played by hubby and the sitter. I have seen this several times. You are lucky it was just a car. I have seen this happen to a physician and when wifey finally got wind, it was $10mm and two vacation homes later

 

[Zigner]

Oh, how unpleasant. Wifey has a PhD, and her English is better for online communication on forums. If Hubby wanted to buy a car, he would have bought a car, not connect his credit line with an irresponsible person for years to come.
Now, please a real answer.

A real answer?
Your story at the beginning was incomplete (at best.)
Sounds to me like hubby co-signed for a car with the babysitter.

 

[annah]

Ok, there are 2 of us here. I never signed anything with anybody, I never went to the dealership, never saw the application. Can we move beyond the fact that the babysitter was female?