Need Dealer Advice - Pay off problem

[714ms3]

So I traded in my 08 xB to Norco Mazda just over 2 months ago. They already sold the car, but they apparently still have not paid it off, because I got a delightful call from Toyota Financial yesterday saying that if they don't receive a payment by 10-18-08 then they are going to ding my credit.
WTF? Why would the dealer sell my trade in before paying it off. Is there any legal recourse that can be taken by me if in fact they fail to make the pay off deadline?

 

[souper]

Read your paperwork... Mazda took over your Toyota debt with the sale of the speed3. I wouldn't worry about it... just have Mazda deal with it.

 

[714ms3]

I am not so much worried about the debt being owed to Toyota as I am about my credit getting dinged for something I do not have control of.

 

[stevessvt]

Fax your sales reciept of the new car showing the trade in of the old car to Toyota with the name of your finance guy, showing you have not owned that car for a while.

 

[souper]

Don't worry about a ding... it can be removed by Toyota if everything checks out. A call from Mazda would probably avoid any of that though...

 

[714ms3]

The thing that is messed up about the whole situation is that Toyota knows that Mazda took ownership of the vehicle, but they still said it will go against my credit if not paid. I asked for an extension and they said NO! I bet if I still owned the car and was wanting an extension on a payment they would have no problems.
All I know is that Norco Mazda has ****** me around from day one. They lied to me about who my loan was through, they tried to jip me on my trade in, they don't like to return phone calls, and now this is the icing on the cake. My xB sold within a week of being on the lot - there is no excuse for the delay in payment. I would certainly not recommend doing business with them.

 

[shane02pro5]

Go to the mazda dealer with your paperwork and speak to a supervisor and get it done right in front of you. Happened to me too and it hit my credit which later had to be fixed by just one phone call from them.

 

[coololddude]

if your credit is dinged, mazda knows you would have a very good lawsuit against them. you should contact mazda and keep records of all correspondence. mazda would also be liable for all attorney fees.

 

[mazdaspeedster3]

Don't worry about a ding... it can be removed by Toyota if everything checks out. A call from Mazda would probably avoid any of that though...

You want the brutal truth? You need to take care of this 911. If you need to leave work, do it! You need to fax that paper work to the Toyota credit company and then go to the Mazda dealership and WATCH them call the Toyota credit company and get it ALL worked out today. You NEED to worry about the ding. It could take you years and a lot of $$ to get them to take that off your TRW. With the economy and now Car Credit companys going under and credit cards getting stricter with lending the last thing you want is to be dealing with this...

 

[mazdaspeedster3]

if your credit is dinged, mazda knows you would have a very good lawsuit against them. you should contact mazda and keep records of all correspondence. mazda would also be liable for all attorney fees.

Assuming you can get an attorney to take the case without money up front out of YOUR pocket and then the ammount of time and all the BS that comes with it. You can bet that the title transfers have had to happen if they sold it to another credit agency which means there could now be 3 or 4 lenders involved and each will be pointing at the other for who really owns the debt while you now have 50 pts off your TRW and a 180 day late loan. NOT GOOD my friend.

 

[714ms3]

Thanks for the sound advice fellas. I called the dealership before it opened this morning, spoke to the secretary and threatened to take them to small claims should this affect my credit. Low and behold, I got a call back within 2 hours from the finance manager stating that they had spoken to Toyota and that everything would be taken care of come tomorrow morning. They also promised that I would receive a confirmation phone call after the payment is made.

 

[ZooMIN3]

Good on ya! ^^ Let us know how things turn out, and sorry to hear about that crap.

 

[BillTheCat]

Original post was disturbing, but that last one was quite refreshing. Do let us know if it all gets ironed out smoothly.

 

[builthatch]

ha...a HUGE dealership down here closed down because of this type of thing, but on a massive scale.

Here is an initial story on it when it was first coming out. it ended up being a real mess. http://abclocal.go.com/wpvi/story?section=news/consumer&id=4363666

They were not only not paying off trades, but they were also not paying Ford for units sold. They lost their Volvo, Ford, Dodge, Jeep, Chevy and Cadillac dealerships. It was a bit PITA for ALOT of people. Many people lost their jobs, their tools, tons of people had credit issues due to this. And the creep who owned the dealership still has the nerve to show his face around here.

 

[ZooMIN3]

ha...a HUGE dealership down here closed down because of this type of thing, but on a massive scale.

Here is an initial story on it when it was first coming out. it ended up being a real mess. http://abclocal.go.com/wpvi/story?section=news/consumer&id=4363666

They were not only not paying off trades, but they were also not paying Ford for units sold. They lost their Volvo, Ford, Dodge, Jeep, Chevy and Cadillac dealerships. It was a bit PITA for ALOT of people. Many people lost their jobs, their tools, tons of people had credit issues due to this. And the creep who owned the dealership still has the nerve to show his face around here.

when you say, "around here.." you mean on these forums? (gossip)

 

[hilmar2k]

You want the brutal truth? You need to take care of this 911. If you need to leave work, do it! You need to fax that paper work to the Toyota credit company and then go to the Mazda dealership and WATCH them call the Toyota credit company and get it ALL worked out today. You NEED to worry about the ding. It could take you years and a lot of $$ to get them to take that off your TRW. With the economy and now Car Credit companys going under and credit cards getting stricter with lending the last thing you want is to be dealing with this...

Getting the credit fixed is the easy part. Once you have proof of the error, you can even do it yourself.

One of the services my company offers is credit repair. I've seen my credit repair girls (not being sexist, they just happen to be female) get all kinds of crazy stuff off of peoples credit; mortgage lates, collections accounts, foreclosures, etc. A car payment late that isn't even your fault is a piece of cake. If it comes to that, and you need help, let me know and I will help you out.

That all said, I would still go down to the dealership and raise Holy Hell.

 

[714ms3]

Thank you hilmar2k, it is refreshing to know that there are people out there that will selflessly help out another in need.
Hopefully it won't come down to credit repair, but it is not looking good seeing as I did not get a confirmation call yesterday as promised.

 

[714ms3]

Still has not been resolved.......go Norco Mazda

 

[paylew]

Call them and tell them you have spoken with an attorney and if it's not resolved today you will file a claim.

 

[ZooMIN3]

Call them and tell them you have spoken with an attorney and if it's not resolved today you will file a claim.

X2!(spin)