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Best to take this case to Small Claims Court?

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dcaudle68

Junior Member
What is the name of your state (only U.S. law)? Illinois

I purchased a new car and traded in my old car. On the sales contract it clearly stated the payoff amount I was financing into the new car loan. I knew this amount was too high but was not worried about it because I knew my bank would just put the extra funds in my checking account. The dealer instead calls my bank and gets the correct loan payoff amount ($445 less) and sends that amount rather than my contract loan amount. When I call to ask for my $445 they act like they have no idea what I am talking about. I have a copy of my sales contract with the higher loan payoff amount. I have a copy of the dealer check sent to my bank for the lower payoff amount. I also verified that my loan was not reduced by this $445, I am still obligated to pay the new loan based off the higher payoff amount. I believe this dealer is playing dumb and intended to keep this money. It is a franchised dealer in business over 20 years so I have a hard time believing they don't know what I am talking about. Its getting to the point that I am not going to be satisfied simply getting my $445 back due to all the hassle. However small claims courts do not allow punitive type awards do they? It makes me wonder how many customers they have done this to that would not have known what was going on. They did not realize I am a CPA obviously :) Thanks for any thoughts!
 
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Zigner

Zigner

Senior Member, Non-Attorney
dcaudle68 said:
What is the name of your state (only U.S. law)? Illinois

I purchased a new car and traded in my old car. On the sales contract it clearly stated the payoff amount I was financing into the new car loan. I knew this amount was too high but was not worried about it because I knew my bank would just put the extra funds in my checking account. The dealer instead calls my bank and gets the correct loan payoff amount ($445 less) and sends that amount rather than my contract loan amount. When I call to ask for my $445 they act like they have no idea what I am talking about. I have a copy of my sales contract with the higher loan payoff amount. I have a copy of the dealer check sent to my bank for the lower payoff amount. I also verified that my loan was not reduced by this $445, I am still obligated to pay the new loan based off the higher payoff amount. I believe this dealer is playing dumb and intended to keep this money. It is a franchised dealer in business over 20 years so I have a hard time believing they don't know what I am talking about. Its getting to the point that I am not going to be satisfied simply getting my $445 back due to all the hassle. However small claims courts do not allow punitive type awards do they? It makes me wonder how many customers they have done this to that would not have known what was going on. They did not realize I am a CPA obviously :) Thanks for any thoughts!
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You are only going to get the $445 back if you sue.

I would suggest that, next time, you not try to pull the wool over the eyes of your lender (" I knew this amount was too high but was not worried about it because I knew my bank would just put the extra funds in my checking account."). What you did was wrong and possibly illegal and now it's biting you in the rear.
 
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dcaudle68

Junior Member
Zigner said:
You are only going to get the $445 back if you sue.

I would suggest that, next time, you not try to pull the wool over the eyes of your lender (" I knew this amount was too high but was not worried about it because I knew my bank would just put the extra funds in my checking account."). What you did was wrong and possibly illegal and now it's biting you in the rear.
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Umm I told them my payoff amount and they typed in the higher amount. They would not take my word for the payoff amount and wanted to cover themselves. (It was lat eon a Saturday after the bank was closed.) Don't accuse me of doing anything wrong in this case other than wanting my money back please.
 
Zigner

Zigner

Senior Member, Non-Attorney
dcaudle68 said:
Umm I told them my payoff amount and they typed in the higher amount. They would not take my word for the payoff amount and wanted to cover themselves. (It was lat eon a Saturday after the bank was closed.) Don't accuse me of doing anything wrong in this case other than wanting my money back please.
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You knowingly signed a contract on which false information was entered. You did this assuming that you would simply received $445 in cash when it was all done.

I call 'em like I see 'em
 
D

dcaudle68

Junior Member
Zigner said:
You knowingly signed a contract on which false information was entered. You did this assuming that you would simply received $445 in cash when it was all done.

I call 'em like I see 'em
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The contract clearly states the payoff amount is simply an estimate and not an exact amount. In fact if it had not been enough I would have been given a 3 day demand to pay the extra required funds. They have sat on my money for 2 weeks. Who is in the wrong here???
 
Zigner

Zigner

Senior Member, Non-Attorney
dcaudle68 said:
The contract clearly states the payoff amount is simply an estimate and not an exact amount. In fact if it had not been enough I would have been given a 3 day demand to pay the extra required funds. They have sat on my money for 2 weeks. Who is in the wrong here???
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Sounds to me like both of you are.
 
Zigner

Zigner

Senior Member, Non-Attorney
dcaudle68 said:
So it's okay for them to ask for more if its not enough but not okay for me to ask for a refund if it's too much?? You seem as clueless as they are acting. ;)
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I suggest that you go back and read again. I NEVER stated that you shouldn't ask for a refund. In fact, I answered your question regarding how much you can recover.
 
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dcaudle68

Junior Member
As a follow up a quick communication with the owner of the Dealership expedited my overpayment which is now in the mail to me. :)
 
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