AUTO USA has been closed by the bank. I owe this dealership 900.00 on a remaining down payment.

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AUTO USA has been closed by the bank. I owe this dealership 900.00 on a remaining down payment.

A gentleman Mark Franks is the salesman we worked with on the purchase of our vehicle. He has started to continually call me to ask for the remaining balance. Another gentleman is calling my husband also. Demanding the balance in full to be paid to them. The other name used by this company according to BBB is TWO OUR WAY,LLC. same phone# contact and address as AUTO USA. I owe 10,000 on the car & paying thru GPKY Credit Union. *I also have the title to this truck.***What do I do?….Paying this salesman does not sound right. PS> This is a parent. My daughter needs some advice. Thanks A MOM

Asked on June 3, 2009 under Business Law, Georgia

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would try to find out how the salesman figures you owe the company you bought the car from more money.  I presume that you took a loan out and used the loan to pay the car off and are now making payments to a finance company (GPKY); correct?  if this is correct, have the salesman send you a copy of the bill of sale.  you should have a copy of the bill of sale as well.  also ask him to provide you in writing the breakdown of why you awe money.  the plan is to 1.  figure out is the claim is valid; and 2. create a way to go after the company or the salesman for some kind of fraud or unfair trade practices. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Mom, your daughter sure does need advice.If she has any contracts regarding the car or its financing. have her pull them out and you read them.If she gets a call from the salesman she should tell him to mail any contract to you. If I called 10 times I would not expect you to pay me. Why should she pay the sales person just because he calls?

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