- April 28, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Issues with Canceling Warranty and Missing Check
I recently traded in a vehicle and promptly contacted the dealership to cancel my warranty. However, several months have passed and I have yet to receive my refund check. Upon reaching out to the dealership, they informed me that the check had been cashed.
To my surprise, it was discovered that the dealership had mistakenly changed my address to their own and had the check mailed to their location. Subsequently, they proceeded to cash the check made out to me without crediting the amount to my loan or any other relevant financial obligation.
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With the complexity of this situation involving fraudulent actions by the dealership, it is vital to understand the legal implications and potential recourse available.
AI Legalese Decoder can assist by analyzing the terms of your warranty agreement and applicable consumer protection laws to determine the dealership’s liability for cashing a check in your name without proper authorization. By leveraging the power of AI technology, you can gain insights into your rights as a consumer and navigate the legal process more effectively to seek a resolution.
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****** just grabbed a
No. If it was only in your name, then that’s fraud. Have you spoken to the dealership that cashed it?
Police report would be appropriate.
Reminds me of my dealership. I was suckered into an extended warranty that I didn’t know I was suckered into. Turns out the dealership was adding it onto contracts after the signature. There was a class action filed and the dealership settled on refunding their customers for every extended warranty purchased between certain dates.
Hi,
So in my experience, it depends. (Examples are just examples) Worked in a bank for a bit
If the deal ship is XYZ LLC and the check belongs to XYZ LLC, they can technically do something to have it put back to the account or cash. However, if the deal ship is XYZ LLC and check is from TOYOTA LLC, then no XYZ LLC cannot cash the check. If they did, you can dispute that with the bank they cashed it with and challenge it. The bank will refer to their policy, which in regulation CC, they have to abide by certain rules. One being who is able to cash the check. If the check is made out to John Doe, only John Doe is eligible to cash the check or deposit the check.
Since the check was in your name, I would suggest checking with you state law on how you have to notify both the dealship and the bank of this incident. You’d have to let both parties know that you want to challenge the check being cashed. If they don’t follow up, go to small claims court and put in a dispute with OIG against the dealership. Then make sure that both parties are properly served, so on the day of court, they can’t say “I didn’t know”.
Ask them for proof they applied the funds to your loan.
If the product was wrapped into the loan, then applying it to the loan would be appropriate in this case.
If they didn’t apply it towards the loan amd pocketed the money… that would be very fraudulent.
Most of the time when you buy a car they have you sign a power of attorney for the paper work so that the car dealerships finance guy can speed up the process and he can sign on your behalf. This is usually for the title work and dmv paperwork. It does however allow them to sign your name on anything relating to the car transaction. So yes, sometimes it is legal for them to cash your check. As for keeping the money you better look at your sales contract. They probably hid the money in the transaction and made you think you were getting the money when actually it was more profit for them. If you signed the sales contract and didn’t double check their math, you are SOL.
Stop it! You got your money.
What others said. Call the police. It’s fraud.