NS4683
join:2000-08-25
South Amboy, NJ
| reply to no_one
Re: [Help] Dealership Cosigning????
said by no_one :
They are not a buyer just a cosigner so have no interest in the car. They are not co-buying the car just guaranteeing the loan with the bank if you default and the bank can not collect from you.
From what has been said and how it has been said and semi lack of knowledge sounds as if someone may be trying to buy to much vehicle. Living beyond their means. May be wrong just a guess.
Agreed. It also seems like "customer" (you perhaps?) wrote checks knowing they did not have funds available. That's illegal, too. |
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Hall
Premium,MVM
join:2000-04-28
Dayton, OH
| said by NS4683  : It also seems like "customer" (you perhaps?) wrote checks knowing they did not have funds available. That's illegal, too. Is it illegal to have an agreement between the parties not to cash a check until an agreed upon date ? Don't think so... This person knew they didn't have the funds at the time it was written but would have it at a later date. |
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CatSnak
Stick A Fork In Me, I'm Done
Premium
join:2001-05-06
Lakeside, CA
| said by Hall :said by NS4683 : It also seems like "customer" (you perhaps?) wrote checks knowing they did not have funds available. That's illegal, too. Is it illegal to have an agreement between the parties not to cash a check until an agreed upon date ? Don't think so... This person knew they didn't have the funds at the time it was written but would have it at a later date. Doesn't matter it's still illegal. To put it in the simplest terms possible it doesn't matter what kind of agreement you make, once you put the pen to the check and you do not have the funds to cover said check you are breaking the law.
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Founding member, 2002-2003, 2005-2006 Director of Communications, 2004-2005 Secretary for the Crunchenstein Project |
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FlexBaud
Happiness Again
Premium
join:2004-10-06
Pensacola, FL
clubs:
 ·Cox HSI
| said by CatSnak :said by Hall :said by NS4683 : It also seems like "customer" (you perhaps?) wrote checks knowing they did not have funds available. That's illegal, too. Is it illegal to have an agreement between the parties not to cash a check until an agreed upon date ? Don't think so... This person knew they didn't have the funds at the time it was written but would have it at a later date. Doesn't matter it's still illegal. To put it in the simplest terms possible it doesn't matter what kind of agreement you make, once you put the pen to the check and you do not have the funds to cover said check you are breaking the law. We have done this many times in the past at other dealerships without any issues. They just would not allow us to post-date the checks, but agree'd not to cash them until the date agreed upon.
Besides, there was enough money in the checking account to cover both checks (less $50 or so) but that money was reserved for bills so when all the bills started coming out of the checking account, overdraft fee's were assessed.
FYI. This isn't my car. It's my mom's.
The letter from the bank also clearly states that we have 10 days to return the car or to renegotite the contract with the dealership, but the way this place has been, I have a feeling they are going to give us hell as they already sold the trade in. Idiots. |
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CatSnak
Stick A Fork In Me, I'm Done
Premium
join:2001-05-06
Lakeside, CA
| said by FlexBaud :We have done this many times in the past at other dealerships without any issues. They just would not allow us to post-date the checks, but agree'd not to cash them until the date agreed upon. Besides, there was enough money in the checking account to cover both checks (less $50 or so) but that money was reserved for bills so when all the bills started coming out of the checking account, overdraft fee's were assessed. FYI. This isn't my car. It's my mom's. The letter from the bank also clearly states that we have 10 days to return the car or to renegotite the contract with the dealership, but the way this place has been, I have a feeling they are going to give us hell as they already sold the trade in. Idiots. No offense but they weren't the idiots. Yeah they took your mom for a ride but who came out ahead? I've dealt with dealerships before and I would go back in a heartbeat. Bought my '04 F-150 brand new and it was a wonderful experience.
--
Founding member, 2002-2003, 2005-2006 Director of Communications, 2004-2005 Secretary for the Crunchenstein Project |
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ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
clubs:
 ·AT&T DSL Service
 ·ViaTalk
| said by CatSnak :said by FlexBaud :We have done this many times in the past at other dealerships without any issues. They just would not allow us to post-date the checks, but agree'd not to cash them until the date agreed upon. Besides, there was enough money in the checking account to cover both checks (less $50 or so) but that money was reserved for bills so when all the bills started coming out of the checking account, overdraft fee's were assessed. FYI. This isn't my car. It's my mom's. The letter from the bank also clearly states that we have 10 days to return the car or to renegotite the contract with the dealership, but the way this place has been, I have a feeling they are going to give us hell as they already sold the trade in. Idiots. No offense but they weren't the idiots. Yeah they took your mom for a ride but who came out ahead? I've dealt with dealerships before and I would go back in a heartbeat. Bought my '04 F-150 brand new and it was a wonderful experience. With the mom declaring bankrupcy a few times in the past I have a hard time believing she did not go to one of the small "we finance" lots. |
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FlexBaud
Happiness Again
Premium
join:2004-10-06
Pensacola, FL
clubs:
·Cox HSI
| said by ptrowski :said by CatSnak :said by FlexBaud :We have done this many times in the past at other dealerships without any issues. They just would not allow us to post-date the checks, but agree'd not to cash them until the date agreed upon. Besides, there was enough money in the checking account to cover both checks (less $50 or so) but that money was reserved for bills so when all the bills started coming out of the checking account, overdraft fee's were assessed. FYI. This isn't my car. It's my mom's. The letter from the bank also clearly states that we have 10 days to return the car or to renegotite the contract with the dealership, but the way this place has been, I have a feeling they are going to give us hell as they already sold the trade in. Idiots. No offense but they weren't the idiots. Yeah they took your mom for a ride but who came out ahead? I've dealt with dealerships before and I would go back in a heartbeat. Bought my '04 F-150 brand new and it was a wonderful experience. With the mom declaring bankrupcy a few times in the past I have a hard time believing she did not go to one of the small "we finance" lots. She's done bankrupcy twice, once in the 1980's and again in 2005 or something. She refuses to go to a buy here pay here place as she wanted a "new" car. Bankrupcy never distroyed her life... In fact, she was recently approved for a home mortage, she just has to have proof that she has been making good rent payments for a year. |
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ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
clubs:
·AT&T DSL Service
·ViaTalk
| said by FlexBaud :She's done bankrupcy twice, once in the 1980's and again in 2005 or something. She refuses to go to a buy here pay here place as she wanted a "new" car. Bankrupcy never distroyed her life... In fact, she was recently approved for a home mortage, she just has to have proof that she has been making good rent payments for a year. If she declared bankruptcy a few years ago there is a good reason why she is having so many issues. She doesn't NEED a new car, history would show she gets in over her head.
As for the home mortgage, that means squat. Just about anyone can be approved for a mortgage. I would hate to see the terms she was approved at.
Tell her to keep her current automobile as 3 years out of a bankruptcy she doesn't NEED a new car. |
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Maccawolf
Premium
join:2001-02-20
Hillsdale, NJ
| reply to Hall
said by NS4683 : Is it illegal to have an agreement between the parties not to cash a check until an agreed upon date ? Don't think so... This person knew they didn't have the funds at the time it was written but would have it at a later date. DIDN'T THAT USED TO BE CALLED CHECK FRAUD, AND WASN'T THE PUNISHMENT REAL SEVERE??????
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Mom and Crockett...... I miss you both! |
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MrBradTX
join:2001-05-23
Carrollton, TX
·RoadRunner Cable
| (Caveat: IANAL)
In the USA,
- Uniform Commercial Code (UCC) Article 4 Section 401(c) states that a Bank can pay a post-dated check, unless they have agreed to accept written notice from the Customer not to do so.
IMO It isn't "illegal" to write a post-dated check, though perhaps your bank would like you to think so. It's illegal to write a check you don't intend to honor.
Say I give my landlord a rent check on the 20th, dated the 1st of the month, because I will be out of town between those dates, and don't get paid until the 30th. He agrees not to deposit the check until the 1st. My intent is to pay my rent on time with a good check. If he deposits it before the 1st anyway, then technically he has violated our agreement (verbal contract); but no court will likely hear a verbal contract dispute. |
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dvd536
as Mr. Pink as they come
Premium
join:2001-04-27
Phoenix, AZ
| reply to Hall
said by Hall :said by NS4683 : It also seems like "customer" (you perhaps?) wrote checks knowing they did not have funds available. That's illegal, too. Is it illegal to have an agreement between the parties not to cash a check until an agreed upon date ? Don't think so... This person knew they didn't have the funds at the time it was written but would have it at a later date. Had the OP postdated the checks, they couldn't have been cashed til that date.
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When I gez aju zavateh na nalechoo more new yonooz tonigh molinigh - Ken Lee |
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FlexBaud
Happiness Again
Premium
join:2004-10-06
Pensacola, FL
clubs:
·Cox HSI
| said by dvd536 :said by Hall :said by NS4683 : It also seems like "customer" (you perhaps?) wrote checks knowing they did not have funds available. That's illegal, too. Is it illegal to have an agreement between the parties not to cash a check until an agreed upon date ? Don't think so... This person knew they didn't have the funds at the time it was written but would have it at a later date. Had the OP postdated the checks, they couldn't have been cashed til that date. That is what she did do at first, however, they told her they cannot take post-dated checked and I had to run up there and drop the checks off for her. |
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CatSnak
Stick A Fork In Me, I'm Done
Premium
join:2001-05-06
Lakeside, CA
| reply to dvd536
said by dvd536 :said by Hall :said by NS4683 : It also seems like "customer" (you perhaps?) wrote checks knowing they did not have funds available. That's illegal, too. Is it illegal to have an agreement between the parties not to cash a check until an agreed upon date ? Don't think so... This person knew they didn't have the funds at the time it was written but would have it at a later date. Had the OP postdated the checks, they couldn't have been cashed til that date. Actually not true. Call your bank and ask them. The answer will more then likely be "we don't check dates" or "you should not write post dated checks".
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Founding member, 2002-2003, 2005-2006 Director of Communications, 2004-2005 Secretary for the Crunchenstein Project |
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