My friend needs a lawyer to fight against an used-car dealer.

I don't know the exact detail but the dealer took $1000 away from my friend's credit card and not intend to refund.
Kim(my friend) signed the paper that the credit card was just for 'pre-authorization' for lease but it turned out to be a bill of sales or something. He obviously didn't know about it and Kim's girl friend was there too. It's too late to report to credit card company to block the transaction.
Need your help. Thanx.

 

I think your friend should report it to the police as well as the credit card company. I assume you friend just got his credit card bill and found out it was a $1000 charge rather than a pre-authorization.

Even If you friend really signed a bill of sale, as long as "Non-refundable deposit" doesn't appear in the same document, he should be able to get his money back.

Reporting it to the police because this sounded like fraud and having a police report usually help when you are dealing with the credit card company.

Depending on which credit card was used, the credit card company may or may not be helpful. My experience on charges dispute are good with AMEX, but VISA was not nearly as good. Hope this help.

You may want to post the name of the dealer here so that others won't fall victim.

 

One more thing, a lawyer will probably cost you at least a few hundred bucks if not more so try to reason with the dealer first. If that fail, call the cops.

 

I would first write a letter explaining the problem and how you want it resolved and give a deadline. Follow up with a phone call or delivry it personally.

Explain that if the deadline is not met that you will have no choice but contact the BBB, used car association, licencing board and the print/tv/radio media, police.

My friend ran into the same problem, he put $1000 deposit on a car changed his mind, (he told them he lost his job) they would not give the money back, I told him the above, he just called the manager and said if they don't reutrn the money he will get a bunch of friends and picket the place, he got a check the same day. Granted this was Formula Honda and not a small used car dealer, but it should work, be firm but professional.

Goodluck!

 

First thing you need to do is call the credit card company. There are two reasons to call them.

1) Most card companies have a fraud division and they will probably give you decent advice for free (and quickly)

2) You can dispute the charge on the card. This will start the pressure on the dealer since disputing the charge will keep him from getting the money. (The cc company will hold back that amount next time they pay him).

After calling the CC company, talk to the guy. Try to work it out. If he doesn;t cooperate you can start listing your options. "I don't this to get ugly... but.... if we can;t work this out I will be forced to ....

Reverse the charge
Involve the police
Call the consumer protection agency
File a complaint with the local Better Business Bureau
Contact the local DMV (many DMVs will get involved if the shop repairs cars, or even if they sell them)

At some point it should become clear to him that he has a wolverine by the tail and that $1000 would be a cheap way to prevent a lot of pain.

 

I'm a lawyer. Most of the above suggestions are very good, especially about the police report, and the formal demand letter with a definite and firm date after which you will proceed with "any and all legal remedies at your disposal."

If that doesn't work, you don't need a lawyer to proceed in Small Claims Court. The fee for filing a claim is nominal and the monetary jurisdiction is for damages claims up to $10,000. Once you issue the claim, you'll probably be surprised to see how quickly they pay up.

Absent any written stipulations in the bill of sale regarding non-refundable deposits, etc., they have no right to keep your money without providing you with something in return.

Hope that helps,

Sherman

 

My friend decides to fight without a lawyer since it can cost as much as $1000 And also, he found the way he can never lose in court.

Certainly your posts helped him a lot. Thanks X 1000