seeking legal advice and opinions( very long read)

skirrby

Active Member
ok well i really dont know where to start
i just recently bought a 2001 mercedes e320 from a used car dealership called mellinium motor works here in winter park florida. they specialise in fine cars. everything was good untill after i did all the paperwork for the car
first they had forgotten to get the paycheck stubs from my mother and I. she co signed for me to get the car. and the bank wouldnt release the funds without them. they never mentioned word one about a check stub till after i had gone home with the car.. they were a little nasty about it. and it took me having to go 10 miles out of my way to give it to them. ok.. i was a little angry about that.. but no big deal, we all make mistakes.
but this is the kickers. and yeah theres a few of them
a few days after me going down there and handing them the stubs in person. they call back and say they never receieved a copy of me and my mother's drivers licence.
now is it just me or is that not the most basic thing in car sales!? i was a little angry on how they put it off as my fault they didnt have them.. when they had taken them the night we bought the car, but they misplaced them, so its my fault.
on monday march 21st my grandfather up in VA passed away. I left on a short notice trip to attend his funeral. On my way up there, my phone rang, and it was the dealership. Again telling me they really need the driver licence copies. i told them i was in virginia and there was nothing i could do till i got back, and informed them that my grandfather passed away and the licenes could wait, and he had the nerve to tell me to stop by a kinkos and fax it to them, cause they dont want to wait. i got angry and hung up the phone.
they called back again a few min later, my dad answered the phone. they were calling about the licences still, my dad said its not a good time, and the dealer started being very rude and nasty with my dad. he said he does not want to speak with anyone other than the owner of the dealership, and NOT to call us till we get back. he got very nasty with my dad a few times durrning that call.
also when we got to VA, lucky us my dad got a speeding ticket in emporia VA. when we got asked for the regestration, i looked in all my paperwork. to see that they never gave us a temperary registration like they should have, and they threw my dad in the back of the partrol car till it got figured out, but the car was registered to me, so they let us on our wayl.
they called back a few times after being told not to call, even called right in the middle of the funeral with a vulgar threating phone message that they were gonna report us to the police and repo the car if we didnt fax them the copies right away. my dad talked with them after the service.. the dealer called my dad a no good liar, said alot of nasty things.. my dad said you will have the copies on tuesday. they left us alone from that point
come today, my dad got a call from G.T.E financial who was handeling the loan for the car. they needed the copies of the licence, we told them what all had happened and they were sorry about the death, and that they were very disturbed on how the dealership was treating us. and the distict manager of the bank talked with my dad, and said that we have full and legal possesion of the car, the loan has been approved, and the check was in the mail to the dealership. it was no big deal with the lincence copies and we mailed them off to them. they called the dealership and told them the copies were in the mail to them, and they were to not contact us ever again.
about 6:30 came around. and the dealership called my cell phone. i missed the call, and called them back to see what they had to say. they were demanding the licence copies or the car be brought to them this very moment or they are gonna report me as stealing the car, and send out for it to be repoed right away. i told them we talked with the bank, and they said we got everything we need done, and that they were not to contact us anymore..
at this point the dealership got very very very nasty with me.. and procedded to yelling at me over the phone.. which in turn made me very angry. they called me many names, from "look here you stupid little skinny f***" and "your a complete dumb***" they called me a liar numerous times. i got very angry, siad my share of curse words, but never made a threat to them.
they called right back, threating me bigtime. they demanded i disclose to them my location, and were the car was, and that i bring them the car right now. they called me a thief and told me the financial company dont know anything, and its "thier" car, and i either cut them a check for 25,000 or bring them the car.
i told them i was told you were not to call me, and that ive done every thing i was leagaly supposed to do, and thier lack of orginization was not my emergency. then the big threats came.
the dealer then told me that he wants me to come down there so he can and i quote "beat my a**" and that if im gonna talk to him how about i come talk to his face and that hes gonna "beat the living s*** out of me" and that he wants my address so he can come "break my leggs and get the car back" alot of very very nasty things came out of his mouth.. i did get mad and yell back, but i never made a threat to him.
he called be back, and i picked up and he didnt hear me.. he was talking to the owner of the dealership in the backround, and when i answered, i heard him saying, "i know exactly where that little f***** lives, ill go beat the s*** out of him right now" i responed with "really you will" and totally cought him off guard. he put the owner of the dealership on the phone, who then told me hes sorry about my loss in the family but he really dont care, and i need to bring the car or the lincence copies, i told him what the other dealer said.. and he told me im stupid and full of s***" and that none of that was ever said. which was a total lie.
the owner also said the funeral was no excuse.. he said "comon, whats a funeral, 4 hours you pay your respects, and you leave and get back to whats important in life" that was said to my dad..
we did fax him the copies of the licences., they left the dealership before we could confirm they received them.
ok now that you know the story.. what all can be done about this dealership.. and what kinda legal action can we take for all the harassment, and the threats of bodily harm to me. and the nasty foul threats to my father, mother, and aunt(yup they were nasty to here to when the called the house)
this is just in no way a good way to run any buisness.. and it has really upset me and my familly, espeically after just loosing a family member.
who is right in this situation, and what can i do for them to be repremended for thier actions
 

bergamer

Active Member
THIS IS NOT LEGAL ADVICE!!!!
but the threats of physically beating you up is a criminal offense
you can file a criminal complaint with the police dept
also I can see a nice claim for intentional inflict of emotional distress
but either way, I am sure that there are a ton of lawyers who would love to take the case on a contingency.
Although living in FL does nto help bc from what I have seen the laws protecting business from suit are so backwards that you might be living in the dark ages.
But just make some calls to some really sleezy lawyers and I am sure that they will take very good care of you
and give that car dealer a headache that he was not excpecting
 
:thinking: don't you have a t/v reporter that does the "Fight Back" troubleshooting program where they will go on t/v and explain your issue in public forum, and how you were harassed and bring public shame/embarassment upon the dealership??:notsure: usually this brings the suspect party correct.
let someone else do your flaming!!:mad:
:mad:
so you can relax.
 

moraym

Active Member
if nothing else, report the dealership to every business bureau in the city/county/state and so on until they all have a copy of a letter from you regarding the incident.
Then turn to local papers (smaller city ones) and whoever else would listen.
 
S

simm

Guest
I have a hard time believing a dealer would threaten you like that and say all that. But I may be wrong. "typical" dealership. Most of them here are pretty rude. I got into it with the nissan dealer about their misteak they tried so very hard to cover up. Ill never do business with them again and I come from a long time customer relationship with them. If I were you I would file for terroristic threats then take the car back and not do business. Then call the BBB. THen maybe as said take it to your local TV station.
 

tangman99

Active Member
Dude, I would telling this SOB that I'm home right now and to come get all he could handle. Then if he had the balls to show up and actually do something, I'd own his dealership in a few months. Hell, I'd probably just have to show up at his dealership with a few witnesses and call his bluff in front of all his employees. I'd wave the keys in his face, shove them in my front pocket and tell him there his to take if he thinks he can handle the job.
Seriously, I'd definitely contact a lawyer and swear out a complaint with the police and the BBB. Even with your word against his, your phone records should go a long way to show he was harrassing you with that many calls.
 

skirrby

Active Member
yeah, the dealer really did threaten with those statements.. those were exact quotes that i posted on here.
i do not have him on tape saying this,, only thing i have other than the phone records, is my girlfriend also heard the threats, and is willing to testify them in a court of law.
they also made a threat to destroy my me and my mothers credit as much as they possibly could if we didnt give them the copies of the licecnes. is there any laws agenst them making a threat to destroy credit if no foul play was done by us?
also they failed to ever issue me a tempory registration. if im not mistaken that it is illegal for them not to give me one. anyone know anything about this?
 

lovethesea

Active Member
do a search on them at BBB. You can lodge a complaint with them also, not good for dealer especially if he touts any affiliation with BBB.
I would also swear out a complaint. You don't know what those morons will do to your car either.:mad:
 

007

Active Member
One thing's for sure, I would NOT keep the car. You're just asking for a great deal of trouble down the line if you do, especially considering these people know where you live.
I would contact the bank and issue a stop payment on the check immediately and have the police escort you to the dealership to return the car. Walk away and report the dealership to every newspaper, TV station, radio station, and anyone else that will listen. I'd also file a civil complaint against both the dealership and the individual sales staff.
 

hondotech

New Member
Outside of filing a complaint with the BBB in your area nothing else is probably gonna be worth your time (suing, etc.).
You have possession of the car and that is all that matters.
Now if the dealership also sells NEW cars, then you actually have a leg to stand on. Just like the salesman answering to the car manager answering to the owner... the owner has to answer to the manufacturer. The manufacturers take those kinds of complaints very seriously (whether you purchased one of their new cars or not, simply being on the same lot is good enough for them). Having seen this stuff from the inside (not as a salesman, but tech support for a dealership), if you want to get a dealer's attention, take it up with customer relations of whatever new vehicle manufacturer they carry.
Best of luck to ya.
P.S.
You could always register - whyithinkCARDEALERNAMEsucks.com and post your story there and send em a link to it. Make sure you include the whyithink part to avoid libel issues.
 

skirrby

Active Member
well i have full possesion of the car now.. and im still waiting for my dad to get with lawers and all.. we discovered a few other things besides the way they treated us.. they were trying to pull some scam by having me bring the car back (hard to explain, but the finance company said they were in no right to ask for it back). i guess theres also something with them not giving me a temperay registration. and they never had me sign something called a truth in lending statement or something like that they were supposed to.. which is agenst the law here in fl.. ive got to talk with my dad more about it,, hes dealing with all the legal stuff
 

bedabug0

New Member
3M makes this really good aresole paint remover like one pass and the paint bubbles up and all thats left is bare metal and it dosent set off alarms or leave finger prints<<< just in case you dont get him in court and thats all the legal advice i can give. you mighty fine cars and paint remover dont mix!!
 

cowfishrule

Active Member
dont know about anywhere else, but here in jersey, phone coversations can be recorded as long as there is the consent of 1 party. well, if you are recording party, you obviously consent to it. its a dirty little secret here in jersey.
also, it is against federal law to threaten bodily harm and use vulgarity across state lines. this includes (but is hard to prove) calls to cell phones.
if they wanted the car, i would have said "sure come get it. im at the winter park police dept."
wouldnt that have been a nice shocker.
 

puffer9006

Member
I VOTE FOR THE PAINT REMOVER.
well first i would try to own the dealership or atleast sue for enough money for a new maclanin( dont know the spelling but its the million dollar benz).
that would piss me off about them doing that during the funeral i would grab a bunch of your friends and go to the dealership and tell them to say it to you then.
 
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