Fully Refundable Deposit

[hapchee]

Illinois

I made a fully refundable 100 dollar deposit on a vehicle then two days later I decided to not buy the car and asked for my deposit to be refunded to me. I have made over 25 calls (per my phone records) as well as 4 visits into the store to try to get my deposit back. They have not once denied that they owe it to me, yet there is always an excuse why I have not received it yet. These include: The person who needs to do it is not here, the authorizing person is on vacation, it will be issued in 3 days, it will be issued in a week, I'm sorry, I was out sick for 2 weeks. Whenever I called on the phone I would be told that the refund is "on its way". What should I do this has been going on for about 6 months? Would it be worth it to sue them over 100 dollars?
Thanks for reading

 

[Crispix]

Send them a nastygram

Try sending them a short letter first demanding payment and give a deadline of a few days -- you can Google for sample demand letters. You should also report them to the Better Business Bureau. Sometimes the BBB can help, sometimes not, but at least the complaint will show up in their database as a warning to other consumers.

Small claims court is always an option; you have to decide if it is worth the effort.

 

[Happy Trails]

Illinois

I made a fully refundable 100 dollar deposit on a vehicle then two days later I decided to not buy the car and asked for my deposit to be refunded to me. I have made over 25 calls (per my phone records) as well as 4 visits into the store to try to get my deposit back. They have not once denied that they owe it to me, yet there is always an excuse why I have not received it yet. These include: The person who needs to do it is not here, the authorizing person is on vacation, it will be issued in 3 days, it will be issued in a week, I'm sorry, I was out sick for 2 weeks. Whenever I called on the phone I would be told that the refund is "on its way". What should I do this has been going on for about 6 months? Would it be worth it to sue them over 100 dollars?
Thanks for reading

I happen to think Small Claims Court is always worth it. But you have to decide. I think it's not just about the money but getting them to do the right thing.

http://www.consumeraffairs.com/consumerism/small_il.html
http://www.19thcircuitcourt.state.il.us/self-help/s_claims/

 

[hapchee]

Thank You

Illinois

Thank You for replying. Just one more question, should I be sueing for $100 plus court fees, or do you think I should ask for more. It's not about the money anymore, but it would feel nice to show the dealership that they can't just push people around. Thanks Again!

 

[Happy Trails]

Illinois

Thank You for replying. Just one more question, should I be sueing for $100 plus court fees, or do you think I should ask for more. It's not about the money anymore, but it would feel nice to show the dealership that they can't just push people around. Thanks Again!

The Court will usually order the party losing the lawsuit to reimburse the winning party for the court costs. This includes the cost of filing the complaint, service fees and the witness fees

"Court Costs" do not include all of the plaintiff’s expenses, for example, travel expenses to and from the courthouse, income lost in pursuing the claim, or telephone calls to the clerk or the opposing party.

Remember that if you file the Small Claim Complaint but lose in court, you will be ordered to reimburse the opposing party for their court costs.

Above info is from the link I provided earlier (19th court........).

You just can't grab a number out of the air. You have to have a valid reason why you are trying to recover the money you are suing for.

In this case only the $100 + court costs.

 

[JETX]

I made a fully refundable 100 dollar deposit on a vehicle

And of course, you have this agreement as to the deposit being fully refundable in writing, don't you???
How was this deposit made?? If by check, of course your check has this 'condition' noted on it, right??
And if by credit card, you can dispute the charge as allowed by the FCBA.

What should I do

See above.

Would it be worth it to sue them over 100 dollars?

What is your time worth??

 

[stephenk]

"Remember that if you file the Small Claim Complaint but lose in court, you will be ordered to reimburse the opposing party for their court costs"

Not true.

 

[Happy Trails]

"Remember that if you file the Small Claim Complaint but lose in court, you will be ordered to reimburse the opposing party for their court costs"

Not true.

That's the site I found it at.

Originally prepared by
The Honorable E. Thomas Lang
Associate Judge
and
The Administrative Office
of the Nineteenth Judicial Circuit
Lake County, Illinois

http://www.19thcircuitcourt.state.il.us/self-help/s_claims/

 

[JETX]

"Remember that if you file the Small Claim Complaint but lose in court, you will be ordered to reimburse the opposing party for their court costs"

Actually, that statement (and the website you refer to) is a little misleading as the defendant doesn't have 'court costs' for simply appearing and presenting their defense.

 

[Happy Trails]

Actually, that statement (and the website you refer to) is a little misleading as the defendant doesn't have 'court costs' for simply appearing and presenting their defense.

I didn't mean for it to be misleading, I was only trying to answer the poster's question and referred to the source where I got the information.

I don't know why they put the information in there. But I found it on another site as well. Maybe it's referring to the defendent filing a countersuit.

Thanks for pointing that out to hapchee.

 

[JETX]

I didn't mean for it to be misleading, I was only trying to answer the poster's question and referred to the source where I got the information.

No problem. You were simply providing the information you found. It is the site that is misleading.

 

[stephenk]

Illinois makes the defendant pay a filing fee to contest a plaintiff's claim. the fee depends on how much the plaintiff is demanding. if the plaintiff loses, the plaintiff can be ordered to pay the defendant the filing fee.

 

[JETX]

Illinois makes the defendant pay a filing fee to contest a plaintiff's claim.

Actually, that is NOT true.
Illinois, just as most other state small claims, requires the defendant to pay a fee if they are filing a counterclaim. It does NOT require the defendant to pay a fee to simply present his/her defense.
And if a counterclaim is filed, it would then be common (just as the converse) for the losing party to pay the other party's court costs.

 

[Happy Trails]

Actually, that is NOT true.
Illinois, just as most other state small claims, requires the defendant to pay a fee if they are filing a counterclaim. It does NOT require the defendant to pay a fee to simply present his/her defense.
And if a counterclaim is filed, it would then be common (just as the converse) for the losing party to pay the other party's court costs.

Actually, that is not true. (no disrespect)

Defendant Must Pay:

A. The "Appearance" Fee (to contest case)

1. Claims of $1,500 or less: $86.00

2. Claims of $1,501 to $5,000: $106.00

B. Counterclaim Filing Fee is calculated by the Small Claims Clerk.

Information from the misleading site.