Stop Payment and CA

[amdazed]

Here's one I can't find anywhere:

If you stop payment on a check because you feel you didn't receive satisfactory service can a CA threaten your Credit Report.

A GMC car was purchased from a GMC dealer with over 30,000 miles on it. The dealer said all the scheduled service was up to date. When the car was brought in for an oil change the person doing the service called to say that they needed to do the 30,000 mile service. The dealer's agent who sold the car said that they would bring the issue to a manager to see what they could offer for this situation. In the meen time the service was authorized as the 30,000 mile service had to be done regardless of who would end up paying the bill.

To get the car back at the end of the day the $300 service had to be paid for so a check was written as the local manager could not be reached yet. After being given the run-around for half the next day a Stop-Payment was placed on the check. The dealership was notified and left a message with an offer to discuss settlement or partial payment. The Manager never called back and couple weeks later it was sent to collections.

From what I've read the consumer has the right to stop payment on a check if they are unsatisfied or dispute the charges.

Can the CA collect on a Stop Payment like they do for a bounced check without a court order?

[Leadhead]

My opinion is that if the dealer did not have authorization from you IN WRITING to perform the additional service, they can't charge for it.

I'd call the dealership, demand to speak to the "highest-position-person" there, explain the issue and tell them if this isn't resolved expeditiously, you'll consult a lawyer to make sure you don't get screwed.

[LadynRed]

As far as the dealership is concerned, they performed the service, put in the manhours and materials and expect to be paid for it. Even though you dispute it, that's not going to stop them from sending it to collections and its also not going to stop the CA from reporting it. However, I would think that it should be reported as 'in dispute' at the very least.

I don't think you can argue that because you dispute the charges that they can't report it as a collection - it might be stupid, but these places are going to do it anyway.

[amdazed]

If a suit is filed in small claims court to sue the dealer to make them pay themselves for the service, will this stop the CA from being able to collect or report to a CRA until the case is handled?

Also, there was no written authorization for the 30,000 mile service, just a $20 oil change. They were just told to do the work, not that it would be paid for.

Management has refused to discuss the issue at all, ever, though the sales person said they would make sure management followed up.

The main question remains however which is that the law affords consumers the right to stop payment on checks. How can someone report this to a CRA without that right to stop payment first being overturned by a court?