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Old 12-15-2011, 07:52 PM   #1
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McMahon's RV Won't pay off my Trade-in

HELP!!!

I purchased a 2011 Attitude Toy hauler By Eclipse at one of Mcmahon's RV shows at Angels Stadium in Anaheim. I took delivery of it at the Colton store. This was on Nov. 22, 2011.... I traded in my 2005 Forest River fifth wheel toy hauler that had an outstanding balance left on it through my Credit Union.... Today is Dec. 15th, and they have yet to pay off my trade in.

California State law requires dealerships to pay-off these loans within 21 days of the transaction beign completed. We are way past that.

I've been getting the run~around for several weeks now. According to the people at Colton, all of the pay-offs are handled through the Irvine HQ dealership. I contacted a person over there named "Coleen". She is in charge of "pay-offs" in their finance department. Her story was that, the check has been cut, but Brent McMahon has yet to sign it. Yeah right...
After not getting anywhere over the phone, I paid them a visit in person... I was given some story by the receptionist that Coleen was in a "Meeting" So, naturally, I waited for her... I told the receptionist that I had nothing but time and that I would gladly wait for Coleen to see me....

After several hours, Coleen showed her face, and I explained to her that her business is in violation of the law and that by not paying off my trade, it was costing me money every 2 weeks as the loan payment is automatically deducted from my checking account.

Coleen cut me a check to cover the recent loan payment, and assured me that the matter would be taken care of "tomorrow"... Well, that was two days ago... I tried to call Coleen again today and was told that she is out of the office until Monday...

Guess where I'll be going tomorrow.

I have already contacted the DMV occupational licensing office In Irvine, and will be filing a formal complaint asap... I called an attorney that has experience dealing with McMahons and left a message for him to call me for a consultaion.... I plan on notifying the BBB....

I'm worried that McMahon's my be on the verge of going bankrupt and has no intentions of ever paying off my trade.

They are commiting theft, fraud and violating several other sections in California state law.

If any one has had problems with unethical and illegal activity from this company, please comment or send me a message...

I may be interested in a class action case against Brent McMahon and his company.

I'm looking for some advice from anyone who has been through this type of thing before..... Any one out there that can help me?

~Rob
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Old 12-15-2011, 08:25 PM   #2
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Contact the states attorney generals office and see how you are to report this sham.

Ken
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Old 12-15-2011, 08:34 PM   #3
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I would try getting a local tv station that does this kind of story to call them about doing a story. You will find out if they are going under, if not it will be paid a.s.a.p..
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Old 12-15-2011, 08:35 PM   #4
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I would think that if they did not payoff your trade, the contract might be void. Call the company that your new loan is with, & tell them that your contract is not being honored, by the dealer. I am sure that they would help rectify this problem. Cut their lenders off, & they will go away!

Good Luck!
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Old 12-15-2011, 08:41 PM   #5
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Contact the states attorney generals office and see how you are to report this sham.

Ken
Thx Ken, good idea! I'm calling the Dept Of Consumer affairs tomorrow too.
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Old 12-15-2011, 08:42 PM   #6
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I would try getting a local tv station that does this kind of story to call them about doing a story. You will find out if they are going under, if not it will be paid a.s.a.p..

Excellent idea.... The local Fox news affiliate does rip-off reporst like this all the time....
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Old 12-15-2011, 08:45 PM   #7
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I would think that if they did not payoff your trade, the contract might be void. Call the company that your new loan is with, & tell them that your contract is not being honored, by the dealer. I am sure that they would help rectify this problem. Cut their lenders off, & they will go away!

Good Luck!
Interesting... I'll call them too... It's with "Bank Of The West"

Until this gets resolved, I have to keep making payments on a toy hauler that I no longer have, just to protect my credit....

What a nightmare..
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Old 12-15-2011, 08:52 PM   #8
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Have they "sold" your trade-in? If so, they can't get the title released for the new owners or finance company.

Ken
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Old 12-15-2011, 09:16 PM   #9
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Have they "sold" your trade-in? If so, they can't get the title released for the new owners or finance company.

Ken
I have no idea what they did with my trade in... I imagine that it's gone off to a wholesaler or something... I have no idea how they can do that without the title in hand though...

Maybe I'll report the toy hauler as stolen.... We had a written contract saying that they would pay me xxx$ for my trade in... I have yet to see a dime of it... but they took my vehicle... Sounds like it fits into the criteria of Grand Theft to me...
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Old 12-15-2011, 09:17 PM   #10
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Ok, maybe a little devil's advocate is in order here. They are supposed to pay within 21 days, today is day 23. It is technically over, but is it way over? Is it get an attorney over? I'm sorry but I don't think so. While it does rise to incompetence, I wouldn't categorize 2 days over as trying to rip you off or cause for getting all these agencies involved. They even cut you a check for the extra monthly payment you had to make!!!! By the way, BBB concerns themselves with how the issue was resolved, seems to me that by paying your extra out of pocket expense they temporarily resolved the issue while they make their payment to the credit union. They made you whole, you don't have any damages until your next payment is due.

You have one transaction you are worried about, and to you it's the end of the world if it's not handled in a timely manner because it's your transaction, it is personal. To some sap over there, it is one of a hundred pieces of paper sitting on his desk waiting on who knows what, it is also just business and not personal. Maybe the gal took some vacation days, maybe sick days, maybe the boss (who signs the checks) has been away with the gal that processes the papers sipping mai tais on some beach. Who knows what the reason is, but there are a million and one reasons (including my assessment of incompetence on their part) for that payment being late other than they are trying to rip you off.

My last trade-in, I had the same thing happen. I had to make TWO payments before it was all squared away. In the end the dealership sent full payment to the bank and the bank reimbursed me the overage from the extra payments I made. I never once felt they were trying to rip me off or considered causing such a hooplah. I did feel like they were incompetent as heck and didn't care about my inconvenience.

I guess what I'm trying to say is, take a deep breath. Sometimes "tomorrow" means two or three business days, especially during the holidays.
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Old 12-15-2011, 09:24 PM   #11
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And...is it 21 days or 21 business days? Hope you get this resolved.
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Old 12-15-2011, 09:45 PM   #12
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this is a common occurance. I would find out where your trade in is. Really you are foolish for letting it go without payment in full. THe fact you had payments automatically deducted... its your problem not the dealers. Same way you sell a vehicle to someone who bounces a check.
Contractually speaking... you didnt get any consideration (funds for your trade in).
Would you let someone take an expensive item w/o paying in full?
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Old 12-15-2011, 09:49 PM   #13
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Well, at least the OP did go back and change the thread name.
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Old 12-15-2011, 09:51 PM   #14
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And...is it 21 days or 21 business days? Hope you get this resolved.
Good point. I would think business days but I don't know the laws in CA either.
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