new pre-owned Car payments

[jcshopstop]

What is the name of your state (only U.S. law)? California

We bought a car last March 20, 2010 and we had an agreement that the other deferred check payment can be posted on April 9, 2010 to be sure we have funds. But instead they posted it on April 5, 2010. Because of this our bank account got short on cash and we didn't even know they posted it early, so we got overdraft fees as a result of this. Can we do any legal action for breaking the contract? it was stated in our contract that we are paying on the 9th and our check was dated the 9th of April too.What is the name of your state (only U.S. law)?

 

[justalayman]

did you notify your bank you were writing a post dated check and didn't want it honored until the written date?

 

[jcshopstop]

no we didn't notify our bank, cause we trusted the dealer that they will honor the contract.

 

[Zigner]

What did the dealer say when you asked them to reimburse you for the OD fees?

 

[jcshopstop]

my husband talked to the dealer and they will pay for the OD.
good thing we had everything on paper. And they admitted that it was their fault.
Thank you for your replies. I hope this will not happen to anyone again.