What is the name of your state (only U.S. law)? California
Let me start by saying hi!
I'll get strait to the point no bs.
I traded in my 2003 Mercedes which had negative equity on it on August 18, 2010 at Metro Nissan of Montclair. That day we had agreed to trade my car for another car. Signed the long yellow contract verifying the trade and sale, the warranty and extended warranty contract, GAP contract, a contract saying that i gave them a check that will clear on September 18, 2010 as a down payment, and a contract stating that they will pay for my previous vehicle in 10 days.
Its almost 1 month now. Wells Fargo, the financing company for the Mercedes has been harassing me but i had threatened to sue them under the consumer credit advocacy law harassment. So they stopped. I went to Metro Nissan of Montclair September 7, 2010 to ask what is happening to our agreement, the financing manager gave me a very convenient answer,
him: we paid it already,
me: when,
him: last night,
me: can i have a copy of the transaction,
him: it was electronic,
me: even if it was electronic there will still be a printable receipt,
him: thats not my department,
me: well then give me the number to that department and ill get it from them,
him: i dont have that information.
I left that day with no result just an assurance that they had sent the payment.
Today, September 15, 2010. I had checked the Wells Fargo website to check if the payment had gone through, I found something else. Wells Fargo took money from my SAVINGS account without my consent to make a payment.
I have not called them regarding this. I called Nissan, here their answer this time We sent the payment on the 9th of September to the P.O. Box at Arizona. This time i was talking to the general manager. I told him I am tired of getting lied to and taken advantage of, if my credit gets a mark on it and my money from my savings is not returned I will file a complaint to the Better Business Bureau and sure you for negligence.
At this point I am assuming they will not make the payment until they receive the down payment due on the 18th.
Is it possible for me to waive the down payment fee for their negligence and breach of contract?
From your point of view what is the best thing to do?
Also would this be a strong case?
Let me start by saying hi!
I'll get strait to the point no bs.
I traded in my 2003 Mercedes which had negative equity on it on August 18, 2010 at Metro Nissan of Montclair. That day we had agreed to trade my car for another car. Signed the long yellow contract verifying the trade and sale, the warranty and extended warranty contract, GAP contract, a contract saying that i gave them a check that will clear on September 18, 2010 as a down payment, and a contract stating that they will pay for my previous vehicle in 10 days.
Its almost 1 month now. Wells Fargo, the financing company for the Mercedes has been harassing me but i had threatened to sue them under the consumer credit advocacy law harassment. So they stopped. I went to Metro Nissan of Montclair September 7, 2010 to ask what is happening to our agreement, the financing manager gave me a very convenient answer,
him: we paid it already,
me: when,
him: last night,
me: can i have a copy of the transaction,
him: it was electronic,
me: even if it was electronic there will still be a printable receipt,
him: thats not my department,
me: well then give me the number to that department and ill get it from them,
him: i dont have that information.
I left that day with no result just an assurance that they had sent the payment.
Today, September 15, 2010. I had checked the Wells Fargo website to check if the payment had gone through, I found something else. Wells Fargo took money from my SAVINGS account without my consent to make a payment.
I have not called them regarding this. I called Nissan, here their answer this time We sent the payment on the 9th of September to the P.O. Box at Arizona. This time i was talking to the general manager. I told him I am tired of getting lied to and taken advantage of, if my credit gets a mark on it and my money from my savings is not returned I will file a complaint to the Better Business Bureau and sure you for negligence.
At this point I am assuming they will not make the payment until they receive the down payment due on the 18th.
Is it possible for me to waive the down payment fee for their negligence and breach of contract?
From your point of view what is the best thing to do?
Also would this be a strong case?