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11-07-2012, 05:39 PM
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#15
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Senior Member
Country Coach Owners Club Solo Rvers Club iRV2 No Limits Club
Join Date: May 2011
Location: Vancouver, WA
Posts: 37,725
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In WA we can go onling and report the sale and who sold to. Gets you off the hook as far as licensing but someone still has to pay the loan. Not sure how that would play out in your case though.
Service policy not being paid is between you and the dealer since it's not a warranty from the manufacturer.
__________________
2009 45' Magna 630 w/Cummins ISX 650 HP/1950 Lbs Ft, HWH Active Air
Charter Good Sam Lifetime Member, FMCA,
RV'ing since 1957, NRA Benefactor Life, towing '21 Jeep JLU Rubicon Ecodiesel
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11-07-2012, 06:03 PM
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#16
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Senior Member
Country Coach Owners Club Solo Rvers Club iRV2 No Limits Club
Join Date: May 2011
Location: Vancouver, WA
Posts: 37,725
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Quote:
Originally Posted by Critter
Thanks for the helpful replies. I found out that I can file a "dealership investigation report" with the DMV ...if anyone else is following this thread and is in the same boat as I, just google "form INV172A" and you will find it.
RustyJC is absolutely right. With a little help from a few search engines, I found that this dealership has pages of complaints from of this type of activity, dating back several years. My guess is that they continue to get away with it because it isn't easy (or affordable) for victims to follow through with legal action.
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Doesn't sound like the dealer cares if there are that many reports!
__________________
2009 45' Magna 630 w/Cummins ISX 650 HP/1950 Lbs Ft, HWH Active Air
Charter Good Sam Lifetime Member, FMCA,
RV'ing since 1957, NRA Benefactor Life, towing '21 Jeep JLU Rubicon Ecodiesel
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11-07-2012, 06:20 PM
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#17
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Senior Member
Join Date: Apr 2012
Location: New Castle VA
Posts: 155
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Seems to me that if they haven't registered the traded in vehicle with the DMV and haven't paid off the loan, it's still yours. Go and demand they return it and the title. The new one is also yours because you have a sales agreement and have ( I presume) registered it in your name with the DMV.
__________________
Randy1252
1988 Holiday Rambler Imperial 35 ft.
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11-07-2012, 07:34 PM
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#18
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Senior Member
Damon Owners Club Workhorse Chassis Owner
Join Date: Mar 2009
Posts: 24,024
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Dealers are governed in many states by the Department of Motor Vehicles. In Michigan that is the Secretary of State.. Contact them.
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Home is where I park it!
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11-07-2012, 10:43 PM
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#19
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Senior Member
Join Date: Sep 2009
Posts: 554
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What does this do to your credit report in the meantime?
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11-07-2012, 10:57 PM
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#20
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Senior Member
Country Coach Owners Club Solo Rvers Club iRV2 No Limits Club
Join Date: May 2011
Location: Vancouver, WA
Posts: 37,725
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Quote:
Originally Posted by Randy1252
Seems to me that if they haven't registered the traded in vehicle with the DMV and haven't paid off the loan, it's still yours. Go and demand they return it and the title. The new one is also yours because you have a sales agreement and have ( I presume) registered it in your name with the DMV.
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Sounds reasonable to me!
__________________
2009 45' Magna 630 w/Cummins ISX 650 HP/1950 Lbs Ft, HWH Active Air
Charter Good Sam Lifetime Member, FMCA,
RV'ing since 1957, NRA Benefactor Life, towing '21 Jeep JLU Rubicon Ecodiesel
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11-07-2012, 11:58 PM
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#21
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Senior Member
Winnebago Owners Club iRV2 No Limits Club
Join Date: Aug 2012
Location: Colorado USA
Posts: 120
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WOW this is terrible. I think I would personally be marching in their front door and finding the person who's job it is to pay off the old RV. I'd take a cooler of soda and sandwhichs with and my cell phone with a charger. I'd sit and wait for them to make the check both to pay off old rv loan and one to pay for the extended warranty. I'd tell them you came ready to sit ALL NIGHT if need be, if they threatened to call the police, I'd offer to dial the number for them so I could report immediately the FRAUD. I doubt they'd want you calling the cops to report fraud so my guess is you'll have both the old RV paid and the Extended Warranty paid. By the way, if it were me, I'd let them know you will take check to bank to pay off old RV or you will mail both checks to the places they need to go to. I'd also tell them one ding on your credit will get them not only reported to the California offices, but also the FEDERAL TRADE COMMISSION and one ding on credit earns them a date in the court room as a ding will increase your insurances, and interest rates and the list goes on. Need help, PM me. Grrrr this makes me mad.
__________________
The Schnauzer and his Chauffeur's
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11-08-2012, 01:17 AM
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#22
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Member
Join Date: Sep 2012
Posts: 64
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Again -- thanks for the replies.
WayneMD: this will cause a negative mark to be placed on my credit if a payment isn't made by Nov. 19th. I won't let that happen -- I'll make a payment to save my credit if I have to, then go after the dealer for re-imbursement. Yes, it sucks, it isn't fair, and it is a hassle.
Randy1252: the title to the trade-in has been signed over to the dealership. I have released my legal interest in the vehicle, but am still on the hook to the finance company for the loan that was taken out by me on the vehicle. It's a crappy position to be in -- if I could repo the old RV, I would.
Mr. D: I suspect that the dealership doesn't care if they use me (or many others) to temporarily finance their floor stock as much as possible -- which is what they are doing. They've found a sneaky way to do it, and they've become quite good at it. To them, it's business. To me, it's fraud.
Colorado Kay: thanks for the kind words. If things get too hot, I may take you up on the PM, but for now I'm going to use some of the advice given here in a phone call to them on Friday.
I spoke with their GM today, and he told me that they would be issuing a check on Friday or Monday. When I asked why he couldn't issue a check tomorrow, he made up some excuse about payment processes and "the way they conduct business"..... yada, yada, yada. I've got a few more days to work with, so before I lose it completely on the guy I'm going to give him a chance to make things right. Before I hung up, I asked him when he intended to forward my funds to the warranty company .... and he started stammering. It was evident that he hadn't expected me to research that, and wasn't prepared to give me a reasonable answer. The phone call ended with him agreeing to "research" the situation a bit more, and that we would connect with a phone call on Friday at 11 am for an update.
Stay tuned.
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11-08-2012, 02:07 AM
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#23
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Senior Member
Fleetwood Owners Club
Join Date: Apr 2008
Location: Tampa, FL
Posts: 400
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Good luck and I hope it gets resolved. I would bet however; he won't call on Friday since Monday is a holiday and he'll be out of town.
__________________
Papa John & Mother Mary 2008 Fleetwood Fiesta LX, 34N
2008 Hyundai Elantra - Toad
Tampa, Florida
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11-08-2012, 04:03 AM
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#24
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Moderator Emeritus
Nor'easters Club Fleetwood Owners Club Workhorse Chassis Owner
Join Date: Dec 2011
Location: NH
Posts: 5,099
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Following this post and some great advice has been offered, can't wait to see the happy ending. [fingers crossed]. I just hate to see big business trying to take advantage of the little guy. Good luck.
__________________
Bruce & Nancy
FMCA F280542
2004 Bounder 35E
US Navy Vet.
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11-08-2012, 04:50 AM
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#25
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Registered User
Join Date: Mar 2011
Posts: 2,454
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Quote:
Originally Posted by Critter
Again -- thanks for the replies.
I spoke with their GM today, and he told me that they would be issuing a check on Friday or Monday. When I asked why he couldn't issue a check tomorrow, he made up some excuse about payment processes and "the way they conduct business"..... yada, yada, yada. I've got a few more days to work with, so before I lose it completely on the guy I'm going to give him a chance to make things right. Before I hung up, I asked him when he intended to forward my funds to the warranty company .... and he started stammering. It was evident that he hadn't expected me to research that, and wasn't prepared to give me a reasonable answer. The phone call ended with him agreeing to "research" the situation a bit more, and that we would connect with a phone call on Friday at 11 am for an update.
Stay tuned.
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So sorry to hear about your difficulties with this dealership! iRV2 members spend a ton of time helping one another so the biggest help in this situation would be to identify the dealership so others can beware of their business model.
Good luck getting this sorted out soon!
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11-09-2012, 07:10 PM
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#26
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Member
Join Date: Sep 2012
Posts: 64
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Update:
I was able to reach the GM today, and he informed me that a check had been created and was just waiting for the owner's signature before being sent out in the mail this afternoon. I didn't completely trust this news, so I asked the GM to please scan the check and e-mail me a copy of it so that I could forward it to the finance company to help ease their minds a bit. Within 10 minutes, I received an e-mail containing the scanned check.
I then called the finance company to see if anyone had called recently asking for the new pay-off amount due (the last pay-off quote made approximately 45 days or so ago was only valid for 10 days), and they informed me that a call was made yesterday to them about the pay-off balance due by the dealership.
It appears that I may be making progress to get this loan paid off! I will certainly follow this transaction through to be sure, and will report updates as they occur.
Someone had asked the name of the dealership that I was working with ..... yes, it was McMahon's in Westminster. Knowing what I know now, I would not have followed through and completed my transaction with them unless they physically had the trade-in pay-off check in my hand before leaving the dealership in my new RV. If you find yourself in this same situation while doing business with McMahon's, you may want to take that advice for yourself, too.
I will post additional updates as they occur, and I want to be sure to say THANK YOU to all that have participated in this thread and offered me such valuable advice.
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11-10-2012, 03:17 AM
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#27
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Moderator Emeritus
Nor'easters Club Fleetwood Owners Club Workhorse Chassis Owner
Join Date: Dec 2011
Location: NH
Posts: 5,099
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Great to hear. I guess I'm to old fashioned, the trust and hand shake isn't a good thing anymore. It sure is sad to see so much greed out there. This post has opened my eyes to something I never would have much thought of. Thanks for posting and so glad to see a happy outcome on the way.
__________________
Bruce & Nancy
FMCA F280542
2004 Bounder 35E
US Navy Vet.
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11-10-2012, 04:03 AM
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#28
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Registered User
Join Date: Aug 2012
Location: The Land Of Oz RVM17
Posts: 1,592
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Quote:
Originally Posted by Colorado Kay
WOW this is terrible. I think I would personally be marching in their front door and finding the person who's job it is to pay off the old RV. I'd take a cooler of soda and sandwhichs with and my cell phone with a charger. I'd sit and wait for them to make the check both to pay off old rv loan and one to pay for the extended warranty. I'd tell them you came ready to sit ALL NIGHT if need be, if they threatened to call the police, I'd offer to dial the number for them so I could report immediately the FRAUD. I doubt they'd want you calling the cops to report fraud so my guess is you'll have both the old RV paid and the Extended Warranty paid. By the way, if it were me, I'd let them know you will take check to bank to pay off old RV or you will mail both checks to the places they need to go to. I'd also tell them one ding on your credit will get them not only reported to the California offices, but also the FEDERAL TRADE COMMISSION and one ding on credit earns them a date in the court room as a ding will increase your insurances, and interest rates and the list goes on. Need help, PM me. Grrrr this makes me mad.
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I think Kay has the right plan here. Personally I would not make a payment on a rig I don't own or posses. The [ moderator edit ]dealer would be paying it off. Also I would demand my so called extended warranty money back also, as they are nothing but a scam ripoff to begin with. It's a new rig so its under warranty. Why pay for something you already have? You should post the name and city of this [ moderator edit ]dealer. I would in a heart beat if I were you. Lets just say you are giving them a little free advertising.
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