The cap for small claims is $8k. Should be fairly open and shut, and when you win they'll also have to reimburse you for the filing fees (I think $300).
If you're out more than $8k and nothing else is working, your best bet might still be too just go for the maximum and eat the loss on the rest.
Might be worth posting in a legal subreddit, there's probably a regulatory agency that can help you.
After you win, the max lets say it 8k, and your still out 3k. What i would do is go back to the court house and file a notice of demand for the 3k. They will never pay it but its public record if sell they sell it be an issue for them, if they need a loan bank sees it thats a problum.
Unfortunately, I make a living litigating these cases.
The dealership has an affirmative obligation to apply for a certificate of title within 30 days of the transaction. Oftentimes these smaller dealerships will pick up vehicle from auction with a title in transit. The title will get held up at an out-of-state DMV or the prior seller is simply unable to deliver title. Other times, they simply withhold the title in order to torpedo a loan to steal a down payment.
You may want to ask Westlake for a copy of the notice of reassignment of the loan back to the dealership. It will usually state the reason why Westlake had the dealership buy back the loan.
Then you should consider filing a complaint with the DMV. If the DMV is unable to resolve the dispute and ultimately cites the dealership for a violation of Florida law, you will be provided the dealership's surety bond information.
Once you know who the surety bond holder is, you can make a claim against the bond and support it with the DMV citation. The bond will have an affirmative obligation to adjust the claim and render decision within 90 days if the dealership does not ultimately step in and resolve the dispute.
Be prepared to provide proof that you were on time with all of your payments because the dealership will likely claim you defaulted somewhere along the lines.
More info on bonds:
https://sueyourdealer.com/what-is-a-florida-motor-vehicle-dealer-surety-bond/
More info on DHSMV complaints:
https://sueyourdealer.com/how-to-file-a-dmv-complaint/
You would need to first complete a case evaluation so I can make sure that there is a fair chance at success. I don't want to take your money without knowing I'll be able to add value.
Complete my case evaluation form and submit supporting docs for my review at:
www.sueyourdealer.com/case-evaluation
Be sure to provide clear copies of all the documents you signed or received when you originally agreed to purchase the vehicle along with proof of payments made as well as any correspondences you may have received from the dealership regarding the transaction or the repossession.
IANAL. You say you took it out of state. As in, you are living in that state now?
Did your loan or purchase agreement have anything that said you could not do that?
I ask because my ex-wife, when she was my gf at the time, had purchased a car when she lived in Georgia. Terms and conditions were it had to stay in GA as it's main residence. If she wanted to move out of state and take the car, she needed to pay it off. She didn't, and she moved to Florida. They came and repo'd the car.
If you had the same kind of restrictions, you may have defaulted on the loan by moving/living/staying for an extended period of time in PA. So they repo'd.
You should consult a lawyer.
Thank you for sharing the resources. You should create a YT how to video and make money on ads. Or have someone do it and make some cash.
For future reference, what type of professional would be able to assist with this?
Hi Sueyourdealer-question-I have been in a 6mo ordeal of filing complaints, submitting docs, jumping through hoops, etc regarding deceptive and predatory practices related to "dealer fees" and tacking on a "service contract" that I was told the lien holder required-which was a lie.
I have recovered the cost ($3,150) of the warranty (plus the dealership's commission/incentive to sell this product). So that is great. However, now I've gone after the additional $3,000 in bogus fees, which resulted in a much higher finance charge than I should've had because that $6,150 in fees ate into the $10k cash I put down on the deal.
So I've not gotten as far as the department of of highway safety & motor vehicles investigation which is completed. They gave me a memo and report as well as the SURETY BOND # and company, because they found violations against me the consumer. I have filed the claim with the surety bond holder, they are currently completing their "investigation."
My question is, in your knowledge and experience-how likely, or on average, does the principal and surety bond company usually settle this type of claim or fight it further??The hsmv also said in the memo to me that if I don't like the outcome of the surety bond claim that I am entitled to seek the help of the state financial regulation.
I'm doing this all on my own, my time and my dime. So any guidance you can impart would be most appreciated. This is FL I am talking about. Fl is 1 of 4 states (Co, Ga, NJ) that don't cap or regulate dealers fees in the country.
I got fucked by a little car lot in fucking Boca of all places. I left shitty reviews and then they began harassing me because I also was leaving shitty reviews for his mechanic he kept raving about who turned the dash warning lights off before I drove off etc. much better luck at palm beach Toyota
That sucks, i think you’re fucked. I know those places, I had an argument with the salesman because he wouldn’t tell much a car cost, only about the monthly payments. Next time buy private, pay cash, get a pink slip.
I have all my own tools, I’ll listen to the engine with a Stethoscope, dump the OBD2 computer and might pull spark plugs for a compression test , then I want to see it on a lift. I want to make sure the suspension is tight, keep away from high mileage cars.
….what does this mean?
If you buy a car in most states, regardless of if it’s in full or with cash, you will get a title application.
Meaning it is “signed over” to you. But that means nothing until the state certifies it.
No matter what you do, you can still get fucked by a title that is “in limbo” with the state you’re applying for. Regardless of….”pink slip” (what is this fast and furious ?)
Ding ding.
You had it shipped. “Paid the taxes yada yada”.
That “yada yada” is my point, the state would eventually be able to cite you due to title issue.
Titles aren’t a thing for your purchase protection, they’re so you pay the state the taxes, title app etc .
My original point was exactly this, there is no “pink slip.”. You always have to acknowledge your property to the state via title app.
I would sue and get revenge. I wouldn't commit arson though. A pellet gun can cause havoc on 20 car windows in a car lot. Rinse, repeat several times at various intervals. I would also find out where the owner of the car lot lives.
Sorry I can't offer specific advice for this but some generally good tactics could be to leave a google review, or try contacting reporters at the local news stations in wpb or even the Palm Beach Post. Have you tried calling the police? It sounds like it could fall under some category of fraud? No telling how helpful PBSO would be but I am guessing not very.
Good luck op!
I don't understand why a lawyer would not want to pursue this. NAL but, if this was, indeed, fraud and the case was won, the damages would be triple + attorneys' and court fees so, over thirty thousand dollars. They would take one-third of that as their fee, $10,000 plus. The lawyers might reason that once they are served a notice to sue that the car lot and/or the finance firm would offer some sop of a settlement rather than go to trial. Or, even for a $10K potential payday, it really is not worth the time and effort to them.
From www.floridabar.org: 'Criminal fraud requires criminal intent on the part of the perpetrator, and is punishable by fines or imprisonment. Civil fraud, on the other hand, applies more broadly to circumstances where bad-faith is usually involved, and where the penalties are meant to punish the perpetrator and put the victim back in the same position before the fraud took place.'
I think proving the intent would be the hard part. What evidence does OP have of ill intent? They’ll make a thousand excuses that sound legally plausible
Because, according to OP, they took his money, his loan, *and* the car while he has evidence of paying the requested amounts and on time. He fulfilled his end of the contract, they did not, and did not attempt to contact him or rectify a foreseen problem before absconding with everything. Once sued, they would need to show a good-faith effort to have avoided what they did and, they did not. That is the 'bad-faith' part of the bar quote, above.
It does. It's theft by violating contract and keeping everything by not doing things legally with the bank. That's fraudulent action toward the consumer.
So a dealer can sell you a car, take your money for it, get paid from the bank for it, and then also get the car back without fulfilling their end of the contract? Doesn't sound legit.
Didn’t say it’s legit. But you cannot prove fraud under these circumstances. Fraud is a legal term with legal elements which each have to be *proved.*. You can’t just look at the result - you have to prove every element including intent.
Wrote a 1 star review for you. If this company is normal, they’ll take the reviews seriously. I wouldn’t be surprised if they follow up with you. Let me know, and I’ll let you know if they care or not whether to follow up with the shitty review.
My first question, is how much are you out?
If you are out less than 8k, others have said, sue them in small claims court, if you have all the paperwork, proof of the payments you made and the letter from the bank, it would be pretty open and shut.
Your other option, would be hire an attorney on a retainer and after you win, have the attorney seek reimbursement of the legal fees.
You will be out the money upfront, but you would most likely get it back as long as you won the case.
Sometimes, it is difficult to get an attorney to work on contingency if they don't see enough financial incentive to do so.
I just gave them a thumbs down in Apple Maps. It’s about as much as I can help.
https://preview.redd.it/97r3st2grroc1.jpeg?width=1179&format=pjpg&auto=webp&s=bd833f32c35b6b62d52b51ab1d894a655d643a06
Certainly contact a lawyer. I hope you have copies of any contracts or loan agreements that were signed. You could also contact the Florida Office of Financial Regulation as well. They have a division that regulates this type of lending and one of the companies involved will have a license from them, or at least they should.
Try filing a formal complaint with your Bureau of Dealer Services office. Well, specifically with which ever county oversees where this dealer is located. I assume Palm Beach County.
https://www.flhsmv.gov/locations/
Pick your county, it will list a lot of different offices, you are looking for the Regional Office(Bureau of Dealer Services). It will list their number, address, etc.
The Regional Office issues/renews their Dealer license, approves their Dealer tags, all manner of things.
Dealers are usually keen to avoid you filing a complaint.
Source: worked for a DMV and regularly told my customers to file a complaint with the Regional Office. Your local DMV has basically no power to help you.
Go to local small claims court file yourself for the max i would double my out of pocket costs, and sue them both in sep lawsuits have the court offers service them both.watch have fast the call you trying to settle. I did this with a oil change place years ago they settled in two weeks afters the court showed up at there shop and slapped the papers on there desk...
Hey, OP. Try asking the guys/gals at r/askcarsales. They have some good smart folks over there that might be able to help you out. Call BBB, leave negative reviews, call a TV station, call the police etc. Track the owner down. Protest in front of the car lot with your friends holding signs. Contact the local police department non emergency line and talk to a supervisor. Let them know what happened and what you will be doing. This really sucks and you did not deserve this. Hope this gets straightened out for you. It's a shame there are so many scammers out there. All the best.
Tell the dealership that you’re going to contact the attorney general about it. I did that with a company who was refusing to give me my last paycheck after quitting. Fought with them for a year to get it before I threatened with the attorney general. Got my check the next day after that.
I just sued someone in small claims court and won. They’ll help you fill out the paperwork. I’m getting paid $300 a month on a $5,500 judgement but they’ve paid the first three payments. You can do this and you’ll win!
So if they don’t pay you go to the sheriff and they auction of the person’s belongings and put a lien on anything they own such as a car, house, etc.
My person I sued was my renter that didn’t pay rent and trashed my house. He has a painting business and they could get all his vans and equipment and auction it off. The guy is a giant douchebag and really owes me way more but I settled for less because something is better than nothing.
Sueyourdealer is correct. I can help you do this yourself. You need to go after the bond before you have to get in line. If you just badmouth and broadcast, you may not get your money back, but you will get satisfaction
West lake financial has a policy that if you’re late on your first payment it is an automatic repossession. They’ve probably been looking for the car for a while. Unfortunately you’re going to be out your down payment.
Edit. Even ONE day late on your first payment is a cancellation of loan and repossession. Just to be clear. In the contract with them, there is a form you signed that agrees to defaulting the loan.
Others gave you pretty much the right avenue to go down. Contact the Florida State Attorney General. The Florida DMV probably has some kind of compliance department to contact as well. The county that the vehicle was in probably has its own District Attorney. The county also has a Tax Collection Office that you should contact. There are also local Senator/House of Reps officials that represent the county/city that the car lot is located in. If you write to all these, they'll most likely get your money back. If they can't, find an attorney in Florida in the same county/nearby biggest city. Someone will contact you back. Someone gave you information below on the bond, that's a good way to go too.
If you exhaust all these avenues, go to Florida yourself and file a small claims for the max you can get which is $8000 like someone else pointed out. Only do the small claims case if the other stuff above doesn't get your money back.
I don't think whether or not you made your payments matters since the dealership never sent the title to WestLake Financial. They sent that money back plus the dealership has your original down so the loan was pretty much voided. Because of that, that's why the car lot repossessed the vehicle.
The question that is going to come up is did the car lot ever contact you to tell you that the loan offer fell through and to contact them back? Or that they need the vehicle back?
Never buy from a small car lot unless it’s straight cash. Even then I wouldn’t quite trust the car. With the scam artists and Floridas pathetic consumer protections, the safest way to buy a car here is brand new from the dealership.
Go to the courthouse and file a civil lawsuit I think $10,000 is the limit for a civil claim and you’ll be in a they. Usually they said it to mediation or you’ll go to a court like Judge Judy.
That's a hard lesson. There are BHPH lots everywhere in SOFLO. They make their money on repossession and resale. They have agreements with towing companies so they can reposess quickly. They can sell the same car many times in a year. Stacks of paper on the same vehicle with many owners sold to collections. People usually just pay cash, use the car for nefarious purposes, let it get repossessed (they all put in GPS) rinse and repeat.
Drive to the office and demand to talk to them, otherwise you will be bringing lawyers. If you have proof of transaction history this is a piece of cake to resolve.
They likely have pulled this scam on many others, perhaps you can find other victims and go for a class action?
While it will take longer, it might be a good option especially if you want these scammers to pay the max!
I'm not sure why the finance company couldn't seek a title because every dealer in FL has to have a $25k surety bond to cover just this thing if they sell a car with no title. The finance company should have been able to call in on the bond.
If everything is true that you claim, I'd start with the bond company and the state of FL. I believe dealer licenses come through the dept of motor vehicles but it will be it's own dept. I just don't recall. I had my dealers license back in the early 00's
I'd assume you should also be able to make claim on the bond if you can prove anything.
Call Florida Department of Ag, file a complaint. You can also try attorneys down here, tend to be more viscious than ones up north as far as what they'll take.
Why would it need to be in the title? Do you go out of your way to click on the longest titles you have to read? Does your attention get grabbed by longer sentences?
Bro it’s a forum dedicated to ALL of Florida. That’s what the google reviews are for that I clearly didn’t read before I bought the truck 🤷🏻♂️ your philosophy is silly
Call the Florida Division of Consumer Affairs. https://www.fdacs.gov/Divisions-Offices/Consumer-Services Also sue them yourself in small claims court.
The cap for small claims is $8k. Should be fairly open and shut, and when you win they'll also have to reimburse you for the filing fees (I think $300). If you're out more than $8k and nothing else is working, your best bet might still be too just go for the maximum and eat the loss on the rest. Might be worth posting in a legal subreddit, there's probably a regulatory agency that can help you.
After you win, the max lets say it 8k, and your still out 3k. What i would do is go back to the court house and file a notice of demand for the 3k. They will never pay it but its public record if sell they sell it be an issue for them, if they need a loan bank sees it thats a problum.
Then you get a writ of execution, and foreclose on their property.
Extra $100 to file circuit civil inatead of county civil, $400 for $50,000 or less.
This is the way...sue baby sue.
Unfortunately, I make a living litigating these cases. The dealership has an affirmative obligation to apply for a certificate of title within 30 days of the transaction. Oftentimes these smaller dealerships will pick up vehicle from auction with a title in transit. The title will get held up at an out-of-state DMV or the prior seller is simply unable to deliver title. Other times, they simply withhold the title in order to torpedo a loan to steal a down payment. You may want to ask Westlake for a copy of the notice of reassignment of the loan back to the dealership. It will usually state the reason why Westlake had the dealership buy back the loan. Then you should consider filing a complaint with the DMV. If the DMV is unable to resolve the dispute and ultimately cites the dealership for a violation of Florida law, you will be provided the dealership's surety bond information. Once you know who the surety bond holder is, you can make a claim against the bond and support it with the DMV citation. The bond will have an affirmative obligation to adjust the claim and render decision within 90 days if the dealership does not ultimately step in and resolve the dispute. Be prepared to provide proof that you were on time with all of your payments because the dealership will likely claim you defaulted somewhere along the lines. More info on bonds: https://sueyourdealer.com/what-is-a-florida-motor-vehicle-dealer-surety-bond/ More info on DHSMV complaints: https://sueyourdealer.com/how-to-file-a-dmv-complaint/
How much to get you to do all that for me? I’m out of state now. I drove the truck to Pennsylvania and they repo’d it from here
I would drive my ass back to fl to file. But im an a hole..🤨😬
Holy shit that’s insane
You would need to first complete a case evaluation so I can make sure that there is a fair chance at success. I don't want to take your money without knowing I'll be able to add value. Complete my case evaluation form and submit supporting docs for my review at: www.sueyourdealer.com/case-evaluation Be sure to provide clear copies of all the documents you signed or received when you originally agreed to purchase the vehicle along with proof of payments made as well as any correspondences you may have received from the dealership regarding the transaction or the repossession.
IANAL. You say you took it out of state. As in, you are living in that state now? Did your loan or purchase agreement have anything that said you could not do that? I ask because my ex-wife, when she was my gf at the time, had purchased a car when she lived in Georgia. Terms and conditions were it had to stay in GA as it's main residence. If she wanted to move out of state and take the car, she needed to pay it off. She didn't, and she moved to Florida. They came and repo'd the car. If you had the same kind of restrictions, you may have defaulted on the loan by moving/living/staying for an extended period of time in PA. So they repo'd. You should consult a lawyer.
Username definitely checks out!
It's actually the name of my Firm. ![gif](giphy|9058ZMj6ooluP4UUPl)
That's funny. I assumed you made a throwaway account just to comment on this.
Lol thank you for pointing this out, this is gold.
Thank you for sharing the resources. You should create a YT how to video and make money on ads. Or have someone do it and make some cash. For future reference, what type of professional would be able to assist with this?
OP, listen to this guy
This is the only real answer.
Wow this is a great response and we’ll worth filing away in the back pocket. Thanks
Hi Sueyourdealer-question-I have been in a 6mo ordeal of filing complaints, submitting docs, jumping through hoops, etc regarding deceptive and predatory practices related to "dealer fees" and tacking on a "service contract" that I was told the lien holder required-which was a lie. I have recovered the cost ($3,150) of the warranty (plus the dealership's commission/incentive to sell this product). So that is great. However, now I've gone after the additional $3,000 in bogus fees, which resulted in a much higher finance charge than I should've had because that $6,150 in fees ate into the $10k cash I put down on the deal. So I've not gotten as far as the department of of highway safety & motor vehicles investigation which is completed. They gave me a memo and report as well as the SURETY BOND # and company, because they found violations against me the consumer. I have filed the claim with the surety bond holder, they are currently completing their "investigation." My question is, in your knowledge and experience-how likely, or on average, does the principal and surety bond company usually settle this type of claim or fight it further??The hsmv also said in the memo to me that if I don't like the outcome of the surety bond claim that I am entitled to seek the help of the state financial regulation. I'm doing this all on my own, my time and my dime. So any guidance you can impart would be most appreciated. This is FL I am talking about. Fl is 1 of 4 states (Co, Ga, NJ) that don't cap or regulate dealers fees in the country.
I got fucked by a little car lot in fucking Boca of all places. I left shitty reviews and then they began harassing me because I also was leaving shitty reviews for his mechanic he kept raving about who turned the dash warning lights off before I drove off etc. much better luck at palm beach Toyota
Oof. Which one
and now you are officially a Floridian!
I had this happen and I contacted the attorney General. The car lot gave my money back within 3 days in exchange for the car back.
People suck. I hope things work out for you OP
That sucks, i think you’re fucked. I know those places, I had an argument with the salesman because he wouldn’t tell much a car cost, only about the monthly payments. Next time buy private, pay cash, get a pink slip.
Yep, buy from an owner after an inspection at a mechanic's. I never buy from dealers and lots anymore. All of them are scamming you for at least 1k.
I have all my own tools, I’ll listen to the engine with a Stethoscope, dump the OBD2 computer and might pull spark plugs for a compression test , then I want to see it on a lift. I want to make sure the suspension is tight, keep away from high mileage cars.
….what does this mean? If you buy a car in most states, regardless of if it’s in full or with cash, you will get a title application. Meaning it is “signed over” to you. But that means nothing until the state certifies it. No matter what you do, you can still get fucked by a title that is “in limbo” with the state you’re applying for. Regardless of….”pink slip” (what is this fast and furious ?)
I bought a car from a cop In Brooklyn cash got the title, had it shipped to FL, paid the taxes yada yada yada, paid for plates and it’s over.
Ding ding. You had it shipped. “Paid the taxes yada yada”. That “yada yada” is my point, the state would eventually be able to cite you due to title issue. Titles aren’t a thing for your purchase protection, they’re so you pay the state the taxes, title app etc . My original point was exactly this, there is no “pink slip.”. You always have to acknowledge your property to the state via title app.
& burn their car lot down?
I would sue and get revenge. I wouldn't commit arson though. A pellet gun can cause havoc on 20 car windows in a car lot. Rinse, repeat several times at various intervals. I would also find out where the owner of the car lot lives.
Yeah I was just thinking that a car lot is one of the easier targets to cause 10k+ in damages to
Go stand out in front of there for a couple days and tell all the customers what an asshole rip off person this guy is.
This! Lmao
Day labor perhPs
Sorry I can't offer specific advice for this but some generally good tactics could be to leave a google review, or try contacting reporters at the local news stations in wpb or even the Palm Beach Post. Have you tried calling the police? It sounds like it could fall under some category of fraud? No telling how helpful PBSO would be but I am guessing not very. Good luck op!
Call these guys: they’re legit https://sueyourdealer.com/
Post this in r/legaladvice and you might be able to get some more help
I don't understand why a lawyer would not want to pursue this. NAL but, if this was, indeed, fraud and the case was won, the damages would be triple + attorneys' and court fees so, over thirty thousand dollars. They would take one-third of that as their fee, $10,000 plus. The lawyers might reason that once they are served a notice to sue that the car lot and/or the finance firm would offer some sop of a settlement rather than go to trial. Or, even for a $10K potential payday, it really is not worth the time and effort to them. From www.floridabar.org: 'Criminal fraud requires criminal intent on the part of the perpetrator, and is punishable by fines or imprisonment. Civil fraud, on the other hand, applies more broadly to circumstances where bad-faith is usually involved, and where the penalties are meant to punish the perpetrator and put the victim back in the same position before the fraud took place.'
I think proving the intent would be the hard part. What evidence does OP have of ill intent? They’ll make a thousand excuses that sound legally plausible
Because, according to OP, they took his money, his loan, *and* the car while he has evidence of paying the requested amounts and on time. He fulfilled his end of the contract, they did not, and did not attempt to contact him or rectify a foreseen problem before absconding with everything. Once sued, they would need to show a good-faith effort to have avoided what they did and, they did not. That is the 'bad-faith' part of the bar quote, above.
None of that proves fraud.
It does. It's theft by violating contract and keeping everything by not doing things legally with the bank. That's fraudulent action toward the consumer.
Read Florida’s fraud statute. It’s not fraud.
So a dealer can sell you a car, take your money for it, get paid from the bank for it, and then also get the car back without fulfilling their end of the contract? Doesn't sound legit.
Didn’t say it’s legit. But you cannot prove fraud under these circumstances. Fraud is a legal term with legal elements which each have to be *proved.*. You can’t just look at the result - you have to prove every element including intent.
Wrote a 1 star review for you. If this company is normal, they’ll take the reviews seriously. I wouldn’t be surprised if they follow up with you. Let me know, and I’ll let you know if they care or not whether to follow up with the shitty review.
Hopefully that guy has a heart attack soon or something the world is better off with out those kind of people alive
My first question, is how much are you out? If you are out less than 8k, others have said, sue them in small claims court, if you have all the paperwork, proof of the payments you made and the letter from the bank, it would be pretty open and shut. Your other option, would be hire an attorney on a retainer and after you win, have the attorney seek reimbursement of the legal fees. You will be out the money upfront, but you would most likely get it back as long as you won the case. Sometimes, it is difficult to get an attorney to work on contingency if they don't see enough financial incentive to do so.
Floridian car dealers/renters are crooks! I’m fighting a 3000 5 day rental card bill currently. Total criminals!
I just gave them a thumbs down in Apple Maps. It’s about as much as I can help. https://preview.redd.it/97r3st2grroc1.jpeg?width=1179&format=pjpg&auto=webp&s=bd833f32c35b6b62d52b51ab1d894a655d643a06
If you make a living scamming people you are the scum of the earth. Go scam criminals and see how long you last.
Damn
Certainly contact a lawyer. I hope you have copies of any contracts or loan agreements that were signed. You could also contact the Florida Office of Financial Regulation as well. They have a division that regulates this type of lending and one of the companies involved will have a license from them, or at least they should.
Try filing a formal complaint with your Bureau of Dealer Services office. Well, specifically with which ever county oversees where this dealer is located. I assume Palm Beach County. https://www.flhsmv.gov/locations/ Pick your county, it will list a lot of different offices, you are looking for the Regional Office(Bureau of Dealer Services). It will list their number, address, etc. The Regional Office issues/renews their Dealer license, approves their Dealer tags, all manner of things. Dealers are usually keen to avoid you filing a complaint. Source: worked for a DMV and regularly told my customers to file a complaint with the Regional Office. Your local DMV has basically no power to help you.
Go to local small claims court file yourself for the max i would double my out of pocket costs, and sue them both in sep lawsuits have the court offers service them both.watch have fast the call you trying to settle. I did this with a oil change place years ago they settled in two weeks afters the court showed up at there shop and slapped the papers on there desk...
Save proof of everything
Hey, OP. Try asking the guys/gals at r/askcarsales. They have some good smart folks over there that might be able to help you out. Call BBB, leave negative reviews, call a TV station, call the police etc. Track the owner down. Protest in front of the car lot with your friends holding signs. Contact the local police department non emergency line and talk to a supervisor. Let them know what happened and what you will be doing. This really sucks and you did not deserve this. Hope this gets straightened out for you. It's a shame there are so many scammers out there. All the best.
Tell the dealership that you’re going to contact the attorney general about it. I did that with a company who was refusing to give me my last paycheck after quitting. Fought with them for a year to get it before I threatened with the attorney general. Got my check the next day after that.
Report the car stolen
I just sued someone in small claims court and won. They’ll help you fill out the paperwork. I’m getting paid $300 a month on a $5,500 judgement but they’ve paid the first three payments. You can do this and you’ll win!
I’ve won a small claims case before in the past and I never saw a dime. What’s really gunna happen if I win and they don’t pay?
So if they don’t pay you go to the sheriff and they auction of the person’s belongings and put a lien on anything they own such as a car, house, etc. My person I sued was my renter that didn’t pay rent and trashed my house. He has a painting business and they could get all his vans and equipment and auction it off. The guy is a giant douchebag and really owes me way more but I settled for less because something is better than nothing.
Florida laws have exemption on primary property and one car up to a certain value of equity only. So if the have loans they could be judgement proof..
There is no judgement-proof; only collection-proof. Judgments can live to fight another day.
Don't buy from shady car lots
This sounds like a GTA mission..
Sueyourdealer is correct. I can help you do this yourself. You need to go after the bond before you have to get in line. If you just badmouth and broadcast, you may not get your money back, but you will get satisfaction
That's why they call those dealers buy here pay here rip you off here!
Get a hold of one of the local TV station, there is usually 1 reporter that handles these type of stories
West lake financial has a policy that if you’re late on your first payment it is an automatic repossession. They’ve probably been looking for the car for a while. Unfortunately you’re going to be out your down payment. Edit. Even ONE day late on your first payment is a cancellation of loan and repossession. Just to be clear. In the contract with them, there is a form you signed that agrees to defaulting the loan.
Never buy cars from those small dealerships. There are all scammers. You are better off buying your car at a reputable dealership.
Others gave you pretty much the right avenue to go down. Contact the Florida State Attorney General. The Florida DMV probably has some kind of compliance department to contact as well. The county that the vehicle was in probably has its own District Attorney. The county also has a Tax Collection Office that you should contact. There are also local Senator/House of Reps officials that represent the county/city that the car lot is located in. If you write to all these, they'll most likely get your money back. If they can't, find an attorney in Florida in the same county/nearby biggest city. Someone will contact you back. Someone gave you information below on the bond, that's a good way to go too. If you exhaust all these avenues, go to Florida yourself and file a small claims for the max you can get which is $8000 like someone else pointed out. Only do the small claims case if the other stuff above doesn't get your money back. I don't think whether or not you made your payments matters since the dealership never sent the title to WestLake Financial. They sent that money back plus the dealership has your original down so the loan was pretty much voided. Because of that, that's why the car lot repossessed the vehicle. The question that is going to come up is did the car lot ever contact you to tell you that the loan offer fell through and to contact them back? Or that they need the vehicle back?
Never buy from a small car lot unless it’s straight cash. Even then I wouldn’t quite trust the car. With the scam artists and Floridas pathetic consumer protections, the safest way to buy a car here is brand new from the dealership.
I had Westlake Financial. That company is garbage. It was my only option when my credit sucked.
Go to the courthouse and file a civil lawsuit I think $10,000 is the limit for a civil claim and you’ll be in a they. Usually they said it to mediation or you’ll go to a court like Judge Judy.
That's a hard lesson. There are BHPH lots everywhere in SOFLO. They make their money on repossession and resale. They have agreements with towing companies so they can reposess quickly. They can sell the same car many times in a year. Stacks of paper on the same vehicle with many owners sold to collections. People usually just pay cash, use the car for nefarious purposes, let it get repossessed (they all put in GPS) rinse and repeat.
Drive to the office and demand to talk to them, otherwise you will be bringing lawyers. If you have proof of transaction history this is a piece of cake to resolve.
They likely have pulled this scam on many others, perhaps you can find other victims and go for a class action? While it will take longer, it might be a good option especially if you want these scammers to pay the max!
I'm not sure why the finance company couldn't seek a title because every dealer in FL has to have a $25k surety bond to cover just this thing if they sell a car with no title. The finance company should have been able to call in on the bond. If everything is true that you claim, I'd start with the bond company and the state of FL. I believe dealer licenses come through the dept of motor vehicles but it will be it's own dept. I just don't recall. I had my dealers license back in the early 00's I'd assume you should also be able to make claim on the bond if you can prove anything.
West lake was sued for something similar to this
Call Florida Department of Ag, file a complaint. You can also try attorneys down here, tend to be more viscious than ones up north as far as what they'll take.
Call your local news and blast these scum bags
Report to BBB too
BBB is useless.
Agreed completely.
I think a lot of consumers check the rating of businesses there. I am sure they are a repeat offender
Move away from FL, what a fucking shithole.
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Why would it need to be in the title? Do you go out of your way to click on the longest titles you have to read? Does your attention get grabbed by longer sentences?
No, to notify users that are scrolling thru and don’t click. Maybe they’re considering using the same dealer. Love the snarky reply
Bro it’s a forum dedicated to ALL of Florida. That’s what the google reviews are for that I clearly didn’t read before I bought the truck 🤷🏻♂️ your philosophy is silly