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Ford Dealer forged my name to a purchase agreement!


WCP
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Back in February (2006) I took my son to a local Ford dealer, to purchase him a vehicle. We found a used 2004 Toyota, which was all that was in his price range (no credit established yet). I told the saleman that we needed to keep the monthly payments under $300. We put down $1000 cash and got a reciept. He wrote up a contract calling for payments to be $294, which was acceptable to us. My son and I both signed (I had to be a co-signer for him to qualify for the loan). We took our copy of the contract, and all the other paperwork (along with the vehicle) and went home.

When the first statement came, the payment due was $329. I called the dealership to let them know my statement was wrong, and I was told it usually takes a statement or two before the numbers all work out, but to rest assured, it'll be OK. They said in the meantime, just come in to the dealership and make the agreed upon payment, which I did (I have the reciept).

The next statement came, same thing ($329). I again called the dealer. They said they would have their finance person get back to me. This never happened. I kept calling for several weeks, each time getting the "runaround".

When the thrid statement came, and was $329, I decided to go directly to Ford Credit. Upon questioning them, they stated that THEIR contract called for a monthy payment of $329. I told them that this was NOT correct, and did not match MY contract. They told me that it didn't matter what MY contract stated, only what THEIRS stated, and it was MY word against THEIRS as to who was right. I asked them to send me a copy of THEIR contract. A week later, I recieved it.

Upon comparing the two contracts, I saw numerous differences. For one thing, they had changed the amount of the down payment from $1000 (which I actually paid) to $2500. The term of the loan had gone from 72 months to 60 months (meaning that I actually save some money over the term of the loan). Everywhere that our signitures appear were obivoulsy forged (they didn't even spell my sons name correctly). There were other amounts that didn't match up also.

I recently contacted the PA State Police about the issue (as I have been told they have a trooper who is assigned to investigaet auto dealers). After explaining everything to him, he said he would look into it, but since it din't sound as though they were intentionally trying to "rip me off", there propbably wasn't much that could be done. He did issue a "Tampering with Records or Identification" incident investigation for me.

The dealer that I had bought the vehichle from, has been bought by another dealership. The owner of the dealership that I bought from is under investigation for other charges in addition to mine.

Even though this may or may not cost me additional money over the term of the loan, it IS costing me by my credit report (and my sons) recieving degrogatory remarks from my sons inability to keep the monthly payments caught up. This is why we HAD to have the payments under $300, he just simply can't keep up with an extra $35 every month. Do we have any additional recourse besides the State Police investigation? Thank you!

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Some others here might have better input than mine but I think you should look at your states RISA laws(retail installment sales act) and your states unfair trade and business practices.Look at remedies under these acts for consumer fraud because that what seems to be the case here. Seek legal advice.

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Contact your state's attorney general.

Thanks for all of the advice. The trooper has told me that according to the PA Attorney General (whom he has contacted), nothing can be done unless I can prove that they actually took money from me. I explained to him (the trooper) that although I can't prove it in the long run (term of the loan) that it is costing my son in the short term ($329 a month VS. $294 a month), plus ruining his (and my)credit.

At least they MAY be able to get the dealer for identity fraud.

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Thanks for all of the advice. The trooper has told me that according to the PA Attorney General (whom he has contacted), nothing can be done unless I can prove that they actually took money from me. I explained to him (the trooper) that although I can't prove it in the long run (term of the loan) that it is costing my son in the short term ($329 a month VS. $294 a month), plus ruining his (and my)credit.

At least they MAY be able to get the dealer for identity fraud.

That's hearsay. The trooper may be the dealer's drinking buddy for all you know. Contact the PA Attorney General (yourself) directly. Also, contact PA Department of Financial Services (Division of Consumer Services). In the state of FLORIDA, where they receive five (5) or more same or similar Sworn Complaints, the State Attorney may take legal action (civil or criminal) on behalf of its citizens. I'm pretty sure you and your son are not their first victims. There may be similarly situated others who had complained, and your Complaint may be the one they need to proceed.

Until Next Time Remember:

Scores go Up and Down. Knowledge Stays Forever.

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Er, the trooper is ignoring one big issue here: They forged your signature which is a felony. People go to jail for that and it invalidates the forged document.

I strongly suggest you send a photocopy of the original agreement to Ford Credit with a photocopy of the forged document and tell them that their dealer forged the submitted agreement to your disadvantage. Tell Ford very bluntly the terms of the forged document are invalid and that unless they want to be sued to the wall, they should correct this issue immediately and correct all prior credit reporting.

The FBI investigates forgery complaints as this is a federal statute, so you should contact you local FBI branch to file a formal complaint and also to let them know the state trooper did not follow up on the forgery claim.

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its called bait and switch , they also forged my paperwork, its now in collections, but when i dv the suckers they go away,

its sucks because they get away with it, f...dealers and ford dont give a flying hoot anyway. ca had the account and i told them to take me to court and well see who has what paperwork, i have all orginals, even from ford.

couldn get the today, its 5 yrs old. dealer say they cant find theirs , hum,,,

if i was in you shoes i file police report tonight against dealer salemen, everbody.

my case is old , just waitting to fall off, sol is up 1 month more,

ea cam gets dv'ed and they go,

thx

sam

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Wow, Thanks to everyone for the great responses!

As coincidence would have it, my so recieve a Notice of Default letter from Ford yesterday. The funny thing about the letter is that it says "This is your notice that you've broken your contract"...!!!! Needless to say, it got my blood boiling.

I contacted Ford Credit to discuss the letter. After having to repeat the whole story three different times, to three different people (they kept forwarding me to different departments after hearing the story), I finally got through to the person I needed to talk to. Of course, she had NEVER heard of a dealer doing such a thing! Even after hearing the story, she asked when she could expect the next payment. Anyway, I am sending copies of the ORIGINAL contract, along with a copy of the police investigation complaint.

I will also directly contact the other agencies that everyone hass mentioned here. Thanks again to everyone!!

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I suggest you take advantage of the new FACTA laws regarding identity theft.

Go have a police report done, fill out the affidavit stating your ID was used to impropery obtain credit in your name, and then send it off to the CRAs.

The CRAs will then have to suppress the account or get their asses sued off.

As far as ford goes, about all they can do is take a flying leap cause they won't be able to screw your reports.

I'd also suggest doing a voluntary repo, and sending off a letter CMRRR to Ford stating that the agreement they are in possession of is VOID.

Next time they pull a credit report off to federal court they go for a non-permissable inquiry.

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Dixiedrifter,

The police report has been filed (they didn't ask anything about an affidaft, so I have'nt yet filled one out, guess I should look into that).

I did contact the PA Attorney Generals office with all info.

As to voluntary repo, my son can't afford to be without a vehicle now, and to buy another would mean a significant downpaymet (which neither of us have), plus his (and now my) credit is destroyed, and will take time to get corrected. My score was fairly low to begin with (638), but has now dropped to 489 over this.

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Quote: I hope you've been disputing with the CRAs.

So far, no good. I have attempted to get all three major CRAs to update my report, but they CLAIM that it has to come from Ford.

I really hate the way credit reporting is handled in this country today. It seems like the little guy can get screwed over so easily and quickly, and it takes an act of congress to get things reversed.

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Quote: I hope you've been disputing with the CRAs.

So far, no good. I have attempted to get all three major CRAs to update my report, but they CLAIM that it has to come from Ford.

I really hate the way credit reporting is handled in this country today. It seems like the little guy can get screwed over so easily and quickly, and it takes an act of congress to get things reversed.

As long as you are disputing it, with the CRAs that's fine. Now you get FCRA statutory and real damages in the picture.

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Quote: I hope you've been disputing with the CRAs.

So far, no good. I have attempted to get all three major CRAs to update my report, but they CLAIM that it has to come from Ford.

I really hate the way credit reporting is handled in this country today. It seems like the little guy can get screwed over so easily and quickly, and it takes an act of congress to get things reversed.

I think what they meant is, had you filed formal Written DISPUTEs with the CRAs, NOT ask the CRAs for an UPDATE. When requesting an Investigation or Research depending on the CRA, you must be specific. Dispute the Date Opened, Balance Amount, High Credit, Credit Limit, Type/Terms/Monthly Payment, or Scheduled Payment Amount.

Tip: Look at your Credit Reports and Dispute using the appropriate Terms for each CRA. If you Dispute the debt in its entirety, the CRA will most likely take a quick glance at your address and then "Verify" the debt.

Until Next Time...

~~~~~~~~~~~

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Of course, she had NEVER heard of a dealer doing such a thing!

Har. Ford dealers are amongst the worst.

My mom had to sue a Ford dealer for "loosing" her keys to her trade-in. Basically the deal fell apart when they tried to pull a switcheroo on my mom. She said no-deal and to give her keys back. They couldn't find them. After hours of searching by four police officers a few days later the keys were found: thrown up onto a window ledge 9 feet up off the ground...along with about 30 other sets of keys. Helps that my dad was a Deputy Sherriff in that county at the time.

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  • 2 months later...

Well gang, it seems as though the verdict is in on this one. A lot has happened since my last post, but I FINALLY got a response from Ford Credit. Actually, the Attorney Generals office got the response, I have yet to get ANYTHING from Ford, except a major headache.

Ford's solution to my situation is that they are going to refinance the loan (tacking on an additional $1000 in interest), they did lower the monthly payment back down below $300, but they are not going to reimburse me for late charges or interest. They are supposed to remove any derogatory info from my credit reports however. That is it!

They claim that since Ford Credit was not present during contract negotiations, that they have no liability in what a dealer does, says or submits. I find it hard to believe that Ford will not stand behind an authorized dealer when it comes to contract fraud. The contracts themselves (both the original and the forged one) were written on Ford Credit documents. Ford Credit has even sent two "intent to reposess" letters over the past year, claiming that I "had broken the contract" by not keeping up the payments. It's funny that when the consumer "breaks a contract", that they'll stand behind the contract, but when they break it, it's "well, we were'nt present when the contract was signed". I guess it's their way of telling me to go pound sand.

To say the least, I will NEVER purchase another Ford product, as I am sure that if they won't stand behind their dealers when it comes to finance, they also won't stand behind the quality of the product when it comes down to it!!

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You are absolutely correct when you say:

I really hate the way credit reporting is handled in this country today. It seems like the little guy can get screwed over so easily and quickly, and it takes an act of congress to get things reversed.
... an act of congress and a big lawsuit...
Ford's solution to my situation is that they are going to refinance the loan (tacking on an additional $1000 in interest), they did lower the monthly payment back down below $300, but they are not going to reimburse me for late charges or interest. They are supposed to remove any derogatory info from my credit reports however. That is it!

"That is it!" WCP, don't let it stop there.

Did you ever consult with legal counsel about all this?

You should and it's not too late. Get a referral and pay the consultation fee?

You and your son had suffered and continue to suffer damages because of their forgery, fraud and other criminal acts. I am really surprised that no one is in prison behind this.

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Yes, we have tried the legal aspect. I had contacted the PA Bar and in turn contacted the attorneys that they directed us to. NONE were willing to take the case without a substantial retainer, paid up front. I contacted attorneys from Philadelphia to Pittsburgh, no luck.

The Attorney General's agent has hinted to me to go further, but he states that he can't legally provide me with a direction.

I definetly don't intend to let this go however. I have contacted a number of national news investigative teams (such as John Stossel) for one, as well as various consumer advocacy groups. Although I am not normally a vengeful person, in this case I am so mad at their logic behind all of this (and the out-and-out lies that Ford is spewing) that I may be able to inflict more retribution on Ford by bad word of mouth advertising than actual legal haggling.

Thanks for your advise though, it is greatly appreciated!

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Yes, we have tried the legal aspect. I had contacted the PA Bar and in turn contacted the attorneys that they directed us to. NONE were willing to take the case without a substantial retainer, paid up front. I contacted attorneys from Philadelphia to Pittsburgh, no luck.

WCP, paying a substantial retainer may be the only way. Ford and others, may have to re-pay your attorney fees and costs, when you win. Try to find an attorney who is willing to accept installments. Just a thought.

I am happy to learn that you are not giving up. And this is not about revenge. You and your son have suffered irreparable damages.

Good Luck to you and your son.

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Ford's solution to my situation is that they are going to refinance the loan (tacking on an additional $1000 in interest), they did lower the monthly payment back down below $300, but they are not going to reimburse me for late charges or interest. They are supposed to remove any derogatory info from my credit reports however. That is it!

Althoug I am really late to this party it seems to me the acronym TILA - Federal Truth in Lending Act (http://www.fdic.gov/regulations/laws/rules/6500-1400.html) - needs to be interjected. Maybe I am wrong but regardless of the source of financing, the dealer's finance person was required to provide the purchaser with a completed TILA document before completing the purchase transaction. The TILA form is a complete accounting of the transaction to include interest rate, finance charges, length of repayment, and required monthly payment. Altering that document after the fact voids the agreement and anything that Ford is reporting that deviates from what was represented on the TILA form is a clear violation of Federal Law. If you did not recieve a TILA statement, that is also a violation of Federal Law and the monetary penalties for either violation make FCRA violations look like small change.

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I have contacted a number of national news investigative teams (such as John Stossel) for one, as well as various consumer advocacy groups.

Send your story to Oprah. She'd make a media circus out of it at a time when Ford can least afford (pun) bad publicity.

BTW Ford's offer to fix this sucks. With a few calculations done, it seems that they are just extending your contract by a number of payments sufficient so that they get the same amount of money out of it. You're still getting ripped off under their reorganization of the debt, just for a longer period of time.

Personally I would counter by making them take the car back, void the contract, return all the payments made thus far (minus the federal mileage rate) and then take the money elsewhere as downpayment to buy a vehicle from one of their competitors.

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