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Vwcredit lease payoff. 12k. Dealer lost check. Repo. Help please!!


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First thank u for taking time to read this. Second if this is in wrong section please let me know where to move it thx. :)

2009 vw jetta lease.

End date Aug 2012

Extended lease month by month thru dec 2012. Made payment each moth it was extended.

Jan 9 2013 contacted both vwcredit and vw dealer ship to find out payoff and how to make payoff. Vwcredit cave me a price that included all tax fees and everything. Was told had to be purchased thru dealer. Spoke to dealer and vw credit several times and believe they spoke on e to each other.

Told dealer I would be in that evening to purchase car but couldn't make it till about 45 mins before close. They said that was fine. Traffic was bad called dealer twice and both times told them I was still on way and would be there. They said ok. Got to dealer 15 before close When arrived was told by person whom I had been speaking with on phone earlier that everyone from finance had left but she could still take my cashiers check and it would be put into computer in the morning and processed tin morning as well. She assured me it would all be fine and taken care of. I stupidly agreed. I gave her odometer statement signed blank bill of sale that would be filled in in the am when my check was processed and entered. Asked her who to make check out to and an said dealership. I didn't have copies of registration or insurance with me so was told to fax to dealer in morning which I did. Didn't hear anything so assumed all was fine. After a couple weeks gorgot about title being mailed to me.

About 2 months later started getting calls from vwcredit. After they continued calling for a week or 2, I called them back and was transferred to the recovery department. I asked if I was still in possession of car and where was it. Turns out they never got check and didn't know they were suppose to. I explained my story and was told they would contact dealer and if they ran into any problems of had questions they would call me right back. Didn't hear anything for a week or 2. Then started gettin calls from vwcredit again. I called them back and was told the dealership at first had no clue who I was or what vwcredit was talking about. Till several days later when dealership called credit and said they had found my check and must have misplaced it. (They lost my check for over 2 months nd the only reason they found it is cause someone told them to look for it)

So vwcredit told me that the dealer would send them the check. But the dealer had lost all my paperwork. So vwcredit said they were sending me new paperwork to fill out sign and send back. The paperwork that vwcredit sent to be had a bill of sale for entirely different vechicle. With a different vin # The odometer statement had th correct car listed on it. I called vwcredit and thy send they would send out the correct bill of sale. A couple weeks later I get a call from the dealership telling me the check was made out wrong(they told me who to make it out to) so they were returning it to me. He also said that they had recieved the check from vwcredit (also not true I hand delivered check to the dealership) I told dealership that was not true. I told him what vwcredit said about sending me paper work and that they expects to be receiving the check from the dealership. He said he would look into it.

Now the following I'm not sue of the exact order it happened in cause I can't remember. I had a couple more calls with vwcredit and a couple with the dealership. Every time I spoke to dealership I feel that their story changed like they were trying to cover there a$$.

It was decided the check would be sent back to me and I would then go to a dealership And purchase car. When dealer told me he was mailing check I asked him to send it requiring a signature he said ok. Several weeks passes and I did not receive check. Recieved call from vw called them back after a week or so and said I still didn't have check and that I had called dealership right before calling vw credit asking about check by leaving a voicemail. Vwcredit said they would call dealership as well. Dealer ccalled i missed the call. I called dealer and left another voice mail. Finally my boyfriend was able to get ahold of dealer and had them reissue check that they sent certified. Check dated July 23 2013. Mailed certified July 24 2013. I don't know exact day I recieved it.

So I have had the check in my possession for a little over 2 weeks. I call vwcredit yesterday (aug 15) to ask them what exactly am I suppose I do so that I can purchase the car since I have my money back from dealership. Vwcredit informs me that my payoff price has changed cause they are charging me rent for the last 8 months. And that the new price was about 1500 more then my price in jan that I gave the dealership a check for. I told them that I will not pay rent for any amount of time and that I would pay the original pay off price. The actual payoff price had dropped significantly I was told since the car is now 8 months older but that the rent exceeded the lower payoff price by 1500. So I'm not exactly sure what the rent total is. I explained to the woman on the phone that this is not right or fair and I should not be responsible for the dealers mistake. She said I can contact the dealer and try to get reembursed. But that vwcredit either wanted all of the money right now or for me to turn the car in right now or it would be repo. She was extremely rude and condisending on the phone. I asked to speak to her supervisor and she said no. I asked prob 7 or 8 more times to speak to her supervisor and she refused. I ended up hanging up on her. Called vwcredit back and asked to speak to her supervisor. This took 3 phones calls to happen. First time I was connected to a line that just rang and rang. The Second I was discontented when they tried to transfer me. And the 3rd I left a vm for the supervisor. He called me back about an hour later. I explained everything and he said give us money now or give us car back now. I told him no that I would give him the original amount but I would not pay a penny more. And that if they wanted more they can go after the dealership on their own. He said if I did that they would still repo car because I owe them 1500 more them original amout. Was told repo had already been ordered on the 26 of July (2 days after check was mailed) and that I had ignored all their calls. Which was maybe 4 or 5 calls all from unavailable numbers. He kept saying it took me 2 weeks after receiving g check to call them. I said 2 weeks is reality is not that much time and that I'm sorry if I've been busy and had more important things going on and that this had taken 8 months from when I with all good intentions believed I had bought my car. And that every party involved had dragged their feet at some point during the last 6 months. He said I never purchased the car. I told him that to my knowledge I had the day I spoke to them and gotten a price and took check to dealership. He said no I didn't purchase car(which I agree technically I didn't) I asked him why did they send me bill or sale and odometer statement for me to sign and return if I hadn't purchased car. It took him a few seconds to respond and his response was why didn't u mail them back then. I said because YOU people sent me the wrong bill of sale for a totally different car but with the correct odometer statement and had to correct it and send me a new one. All he kept saying was he was trying to help me out and explain what I need to do that is best for me and my only 2 options were to pay the new higher payoff or turn car in right now. We went around in circle and I finally told him I was done with the conversation and hanging up and i did.

I am going right now to put the check into an escrow account. I do not have the extra money they want plus I don't feel I should have to pay it. I lcft a voicemail at dealership to call me but I know that wont do anything they have changed their story so many times trying to cover their own a$$ I doubt they will except any fault or try to make things right. I don't even want them to pay all rental charges just the 1500 over the original payoff.

What should I do???

A few things to keep in mind

My credit score is low 600's last I checked about 6 weeks ago

I have 2 credit cards that I haven't paid on in 2 years

I don't own my home I rent and don't plan on buying anytime soon

I lost my job about 2 months ago due to employer closing business. I currently work very part time.

The car is a 2009 vw jetta se with 72000 miles. It has also been in on accident where a different car lost its wheel on freeway and the wheel flew at me hit my car super low and it ended up going under my car and ripping/breaking everything on the bottom of my car apart. It was just under 10k in damages. So resale my car will be bad.

I really don't want to end up in court over this.

Any suggestions or advice would be awesome and greatly appreciated. Also if I am I. The wrong with this and u feel I should have to pay the higher pay out please say so.

Thank you for taking the time to read this. I'm so upset and scared.

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Wow.  Left hand doesn't even know the right hand exists.

 

I think you've got two choices:

 

a.  Contact VW USA Customer Care at 1-800-822-8987 and see if they're willing to help sort this out.

 

b.  Look on www.naca.net to see if there is a consumer lawyer in your area that might be willing to help.  Most will give a free consultation.

 

If you have copies of any of the paperwork or checks that have been passing back and forth, that would help prove your side of the story.

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currently they want approximately $13,800 I should also mention where I live is a gated parking area with 24/7 security and they will not let someone in without my permission or a court order. So basically unless they follow me to a store or friends house they won't be able to repo my car. I am really shocked that given the circumstances that they are not will to forget about the 1500. I paid them lease payments for 40 months + what I put down and will give them a check for 12,300. I'm sure that they would still profit a lot even if they waived the 1500 difference.

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There are times when complaining to everyone will get you some resolution, this is one of the times. AG, BBB, Newspapers, TV and radio.  If a local TV station has a reporter that does consumer stories, give them a call.

 

Also, do call VW USA Customer Service, they work at all levels to resolve issues before there is blow back onto the brand.

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Thank you everyone so much for your responses and thank you even more for reading my extremely long long post. Thank you for all of your suggestions It deff helps to read what u all wrote. From the 1.5 hrs i spent on phone going in circles with the 2 reps from vw credit I was starting to wonder if I was making to big of a deal out of nothing. Thanks for letting me know I'm not.

If I gave them the car back then they would sell it at auction and I would be responsible for the difference from what they say I owe (13800) and whatever they sell it for at the auction. Plus I assume repo fees and whatever other fees they feel like adding on.

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If I gave them the car back then they would sell it at auction and I would be responsible for the difference from what they say I owe (13800) and whatever they sell it for at the auction. Plus I assume repo fees and whatever other fees they feel like adding on.

 

It's a lease, right? And you paid for the full term of the lease, right? And then, you extended the lease month to month, right? And the dealer claims you have no contract to purchase the car for the amount  you agreed to, otherwise you would have done it already, right?

 

Why do you believe you would owe 13,800? It appears to me your only obligation may be the fair market value of your use of the car while this nonsense has been going on. Am I missing something?

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You are right if you were buying a car. If it was a lease, they would likely come after you for the repo fees, towing, late fees, 8 months of missed lease payments (I say this from their perspective) and any overages for mileage during the lease period, and accrued interest. Also they will probably report this on your credit reports as well. I would speak to an attorney in your area and get to get this addressed as the implications could impact you for some time.

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It is unfortunate that people are afraid of court because sometimes, the only way things gets resolved is through the court system.

In any case, in the call you make, inform the reps that you are about to inform every government agency from the state AG to the state DMV about what is going on. You are also going to report VW and the dealer to the BBB and every local newspaper and television station that will listen to you. This might be enough to get them to back off.

If not, the next bet is to contact a lawyer. Sometimes $500 to get a lawyer to call the other party with their name attached is enough to make the other party realize you are serious and work something out. The problem is that it has gotten to a point where only a lawyer and/or a court will solve this due to their inactions. This will be especially true if they do not bend with public admonishment.

Good Luck.

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The $12/hr phone jockeys and $15/hr call center "managers" don't give a crap about threats to call AGs, BBB or anyone else. You have to get the attention of someone in their legal department or public relations or something like that.

 

And really, this isn't VW's fault. The dealer screwed you and VW both. They need to make this right with both of you.

 

 

 

 

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They will when the dealer is drug into this. Michigan already has to be a hostile state to sell foreign cars without the news and regulators breathing down your throat. The call center employees may not care but the dealers and higher ups at VW certainly will.

IN reality, most people do not care any longer. I see more and more foreign cars in MI than I ever have before. PLus, VW has a design facility in MI. 

 

WHich VW dealership is the OP referring to? Is it in the Detroit area?

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Why do you believe you would owe 13,800? It appears to me your only obligation may be the fair market value of your use of the car while this nonsense has been going on. Am I missing something?

 

I'm not sure about VW, but some companies will even offer you a better price at the end of the lease than the contract specifies. Of course this is probably too late in your situation. 

 

I would start out by contacting the BBB and filing a claim against the dealership. Unless its just a terrible dealer they will not want the negative publicity a claim will give them. If that doesn't work contact a consumer reported at one of your local TV Stations. An unhappy customer that makes a lot of noise is one that will really get their attention.

 

Since I don't know the legal end of this all I see you owing should be the additional months payments. You can take that 12K and buy a pretty nice used car that is probably nicer than this one. 

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I'd go 2 routes here:

 

1. Contact a lawyer - sometimes a fax with "Law Office of..." is enough to get someone to pay attention

 

2. TV - if there's a consumer reporter at one of the local stations, give them a call - sometimes TV cameras at an office and negative media attention is enough to light a fire under someones...

 

Do them both and this whole thing could get cleared pretty quickly.

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You would not owe them the entire price of the contract if you gave the car back if it was leased unless you signed a contract agreeing to purchase it.  If you did, then the price you agreed to should be there.  I would contact a lawyer as stated above.  Give them back the car and go buy something better.  They don't want it, but are trying to scare you into paying more.  Any good business would take your check now, and see that their side were the ones that messed up.

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Again I would listen to everyones advice here and make a few calls and get an attorney involved. Another route which just came to mind (and I would do this in parallel and not a replacement for the others) is to use social networking.

 

Locate the facebook accounts for VW and the dealership and post a few negative complaints about your situation and see what happens. My sister recently had an issue with Art Van with a purchase and they would not address the issue or give her a  refund. She spent 2 weeks trying to work with the store. After posting on facebook and twitter suddenly they bent over backwards and came and picked up the stuff and left them a check within a week for her agreeing to delete the posts.

 

In another case I had a family member working through a short sale on their house where the bank dragged their feet for 9 months. After a post to their facebook customer service page and they closed in 40 days.

 

Again I would not use this as the only method in your case but it can give you some leverage to get them to sort this out. The louder you are in a public setting the more likely they will be to come to an arraignment.

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So when I called vw customer care they were already closed. And they do not have any hours on the weekend. So I can't call them and talk to them till monday. I've got my brother inlaw asking his brother (really good criminal lawyer in LA) about everything and to see what he says. I'm hoping he will send a letter of something or make a couple calls and take care of it for me and I won't have to hire a lawyer.

So I found this complaint on yelp against the same dealership. Unfortunately I don't remember name of girl I gave check to (I'm sure I can figure it out tho) and Kashaka is who I have dealt with every time I have spoken to the dealer. This made me feel a little better I wasnt the only and also shows how careless they are with paper work. It is Germain Ann Arbor aka Germain on State aka Volkswagen of Ann Arbor.

Here is the review I found.....

6/15/2013

Went to this dealership to buy my first Volkswagen, and was initially extremely excited. My experience buying the actual car was actually pretty positive, my sales consultant (Chris Hamm) was very helpful and friendly. However, after I drove my car off the lot my experience turned gray. I could not get my car titled or registered and called the dealership numerous times, all of which led me to dead ends. No one in any of the multiple service departments I was transferred to could help me. Finally I called Volkwagen Credit, and to my surprise they had no record of my existence.

Finally after 2 weeks, and still no proper paperwork, the finance manager calls and explains he filled out the paperwork incorrectly and that VW credit rejected the contract based on his clerical error. I was overwhelmed with the lack of knowledge these people had, and was quite upset I couldn't register my car and my temp tags were expiring. I explained my concerns to Kashaka and he told me I had no official contract with Volkswagen since my contract was rejected, and I needed to either come back in and resign or return the car. I decided to return the car and go to a dealership I trusted more.

I had to take a vacation day off of work to try to get this car business taken care of for a second time. When I arrived, I told Kashaka I just wanted to return the vehicle, and enjoy a Volkwagen from another dealership. He said, "alright." He walked out and explained what was going on to his sales manager, Trisha Smith. Dealing with Trisha Smith is by far the absolute worst customer service experience I've ever experienced anywhere in my life. She walked into the room shaking her head saying, "no you can't do that, you can't do that, no way." She was so unprofessional, even upon explaining the situation. I told her I was getting a VW from another dealership I liked and she came back saying, "I'm getting them in trouble. I don't know why they would try to sell to you."

After dealing with her and Kashaka for around 2 hours I realized they weren't listening to anything I wanted. Anytime I mentioned anything about what Kashaka said about returning the car Trisha would just say, "no" and tell me she was looking for paperwork to register. I told her I wasn't resigning the contract after this experience, and she said, "that's fine, well just push it through without your permission." I expressed my concerns about having a new financial contract I didn't sign, but it did not matter to this duo. Trisha explained there was no way to return the vehicle once again, so I called Volkwagen credit and Volkswagen Cares myself. After speaking to specialists they told me it was possible for them to take back the car, but that they just didn't want to. I brought this to their attention, and they were just like "no."

Flabbergasted, and not allowed to speak to the dealerships gen manager, I filed a dealership complaint through VW of America and have a current case pending. I could not believe how much they lied to me, how rude they were, and that they actually admitted they were forging a legal document. They clearly did not care about my business or customer experience at all. Upon leaving, I told Trisha that instead of being concerned about punishing another dealership for wanting my good business, maybe she should look at her own team who wasted my time and didn't even know their policies/lied to me, and that I couldn't believe I wasn't getting any concession for my extreme inconvenience. Her response was an apology. Not helpful.

I unfortunately will most likely never buy VW again, and I will definitely never use this dealership or recommend them again.

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I'm actually surprised that VW hasn't revoked their franchise...

 

I still stand by my post...find a consumer reporter, track down the Yelp reviewer (now you'll have 2 people telling a similar story) and both of you tell the story - my guess is that the dealer's owner seeing this on the news will start the wheels turning.

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