Dealer refusing to pay off loan on trade in

[CaseyJ955]

If I could just make a suggestion, if the contract or their actions are anything less than crystal clear this should go before your lawyer. Anything you do now could make his job harder later, bounce this off him before doing anything. Often what seems an intuitive way to handle legal issues like this is actually counterproductive. Anything beyond insisting that they honor the contract. I would also bill them for your legal expenses, its fees you would not have incurred had they honored their contract. IME just about any small claims lawyer would award you legal fees in a situation like this where legal means were required to force these poopsmears to honor the contract. It's shocking what a good lawyer can accomplish with little more than letter head and a few words. It's dissapointing how consumers are often abused and how much less vendors/businesses care after they have your $$ vs before. Unrepresented consumers are not much of a threat beyond a ****ty Google review. Representation seems to motivate businesses to get in front of issues like this. Unfortunately businesses just doing the right thing because it's the right thing to do is pretty far from trendy in this age, especially if it cuts into the bottom line. I'm really sorry your having this experience, I hope it get sorted quickly.

[SilvrT]

It's shocking what a good lawyer can accomplish with little more than letter head and a few words.

 

How true ... been there, had that done and it doesn't cost a lot but gets results quick

[CaseyJ955]

How true ... been there, had that done and it doesn't cost a lot but gets results quick

 

Last time I had a contract that was breached I slid it in front of my lawyer with my documentation when a tactful phone call failed to work. He read the contract and wrote a demand letter, the problem was fixed, I think it cost me $125-ish. I contacted the other party to reimburse my legal fees as it was their breach that made my fees necessary, it took a small claim summons to get them to issue a check for my legal fees. Even that is a fairly simple cost-effective step. It's sucks that vendors/employers can be so downright greasy and fly with no apparent principles or moral compass, only to fall into compliance when forced by legal action, or the threat of. They may be greasy but my guess is they have a really good idea that if a judge looks at this situation he will not find in their favor. Everyone loves to threaten to sue, of those poeple I would speculate that maybe 1 of 100 ever calls a lawyer, so they laugh you off. Once they get some registered goodness from a lawyer they can start thinking about doing the right thing or trying to explain deplorable business practices to a judge. What sucks is that businesses that try and do things right and hold their customers in high esteem end up suffering when others in the same industry pull **** like this. I hope you get every penny your owed my friend!

[ChiefGunner]

I was thinking the same thing.

As for all of us messaging the dealer....it has been done before to show the power of a group. They have a part on their web page for customer reviews?

 

I’m onboard! Just say the word and I’ll start

writing & calling!

[SilvrT]

I’m onboard! Just say the word and I’ll start

writing & calling!

 

DO IT

[American]

29 days have gone by still no payoff, started different methods of putting pressure on Destination Powersports, will be having an attorney draft a letter at the end of the month.

 

May 25, 2018 will be 30 days or one month since I traded in the Harley Davidson.

 

I will keep a count down going, I would not recommend Destination Powersports to anyone after this. I don't think they really care about bad publicity to be honest.

[American]

Held Hostage by Destination Powersports located in Punta Gorda, Florida

 

Day 30

 

Current HDFS loan status:

 

ACCOUNT OVERVIEW

 

Account Status: GOOD STANDING

Payoff Estimate: $11,412.32.

The payoff estimate is valid through 6/04/2018.

Outstanding Balance: $11,366.34

Next Payment Due: 6/01/2018

[cowpuc]

Well THAT is just plain wrong!!!! Sorry you gotta deal with all that American but dont let it stop ya from enjoying your new scoot. Summers wayyy to short for that IMHO.. Stinkin scammers are everywhere,,,,,,, THANK YOU for the heads up here!!!!

[BlueSky]

There is the option of taking them to small claims court after they finally pay off the loan to get your payments back.

[American]

There is the option of taking them to small claims court after they finally pay off the loan to get your payments back.

 

Cowpuc, I will enjoy the bike in fact just got back from a hour fifteen minute ride before the rains hit today.

 

BlueSky, If they call Harley and get a new lower payoff amount they will likely be committing fraud at that point, the sales contract is documented that they received a 20 day payoff quote and that is the number listed on the signed sales contract.

 

This is more of an inconvenience to me currently unless they refuse to payoff the bike completely leaving me the entire balance to resolve then they will have committed fraud outright and from research they could also be in violation of the "Truth In Lending Act".

 

Destination Powersports is the one who's reputation is going to suffer.

 

Just for a little more information there parent name is Charlotte Motorsports LLC, DBA (doing business as) Destination Powersports.

 

I just don't want others in the area or even traveling to get caught up with a dealer that pulls this kind of garbage. We can only protect ourselves through the sharing of information.

 

I will get my money one way or another unless they go out of business, at which point I will get Harley Davidson Financial Services to assist in getting the Harley Back as they are the holder of the note and the bike can't be legally sold, titled or registered until that lien is released.

[cowpuc]

Cowpuc, I will enjoy the bike in fact just got back from a hour fifteen minute ride before the rains hit today.

 

BlueSky, If they call Harley and get a new lower payoff amount they will likely be committing fraud at that point, the sales contract is documented that they received a 20 day payoff quote and that is the number listed on the signed sales contract.

 

This is more of an inconvenience to me currently unless they refuse to payoff the bike completely leaving me the entire balance to resolve then they will have committed fraud outright and from research they could also be in violation of the "Truth In Lending Act".

 

Destination Powersports is the one who's reputation is going to suffer.

 

Just for a little more information there parent name is Charlotte Motorsports LLC, DBA (doing business as) Destination Powersports.

 

I just don't want others in the area or even traveling to get caught up with a dealer that pulls this kind of garbage. We can only protect ourselves through the sharing of information.

 

I will get my money one way or another unless they go out of business, at which point I will get Harley Davidson Financial Services to assist in getting the Harley Back as they are the holder of the note and the bike can't be legally sold, titled or registered until that lien is released.

 

Thankfully you are in the financial situation where you are good to go with keeping things straight with HFS while this whole thing works itself out.. IMHO,, it is absoluely appalling that a company could have so much disregard and disrespect for a person who came to them as a customer that they could care less for that persons credit standing.. Especially when our societys very life blood is completely built on borrowing and lending..

Tell ya one thing American,,, if thing ever does go full circle and end up in court, those low lifes are fortunate that ol Pucster aint sitting at the bench with the gavel in hand... The solution would be somewhat stiffer than them setting things straight $$ wise and paying a little fine,,,, felony convictions would be handed out like free Hot Dogs at a Puc's MGnEm.... Creeps

[American]

Thankfully you are in the financial situation where you are good to go with keeping things straight with HFS while this whole thing works itself out.. IMHO,, it is absoluely appalling that a company could have so much disregard and disrespect for a person who came to them as a customer that they could care less for that persons credit standing.. Especially when our societys very life blood is completely built on borrowing and lending..

Tell ya one thing American,,, if thing ever does go full circle and end up in court, those low lifes are fortunate that ol Pucster aint sitting at the bench with the gavel in hand... The solution would be somewhat stiffer than them setting things straight $$ wise and paying a little fine,,,, felony convictions would be handed out like free Hot Dogs at a Puc's MGnEm.... Creeps

 

You got my vote!

[American]

Update: I received a phone call from Destination Powersports from the General Manager who's name is Jeremy, he was very apologetic said they made a mistake on there end. He asked me to call Harley Davidson Financial Services to authorize them to make the payoff on the Harley.

 

Harley Davidson Financial Services is kind of strange like that as they do require you to authorize them to deal with a third party for a payoff, likely has to do with financial fraud.

 

I called Harley Davidson Financial Services and authorized them to deal with Destination Powersports for the payoff. So now I will keep tabs on the account for the balance to make sure it goes through and I will give an update at that point as to the status of what is going on.

[Flyinfool]

:fingers-crossed-emoFingers crossed that this was an "honest" mistake. Even though it sounds more like the frying pan was starting to get to hot for them. Either way,I hope it all gets fixed quickly.

[American]

:fingers-crossed-emoFingers crossed that this was an "honest" mistake. Even though it sounds more like the frying pan was starting to get to hot for them. Either way,I hope it all gets fixed quickly.

 

I know they received the BBB complaint today, I think that and any emails and calls that might have been sent their way all added up.

 

I will keep everyone informed when it pays off and I have a contribution to make when it is finalized to the contribute button above.

[djh3]

Glad it seems to be getting taken care of. Aint it a shame, that now a days we have to figure someone is out to screw us instead of a mistake or screw up. Years ago we would have probably shrugged it off as "Oops".

[American]

Glad it seems to be getting taken care of. Aint it a shame, that now a days we have to figure someone is out to screw us instead of a mistake or screw up. Years ago we would have probably shrugged it off as "Oops".

 

Very true, the bad part about the dealer scam on payoffs is you will never really know if it was a real honest mistake or if it was the use the customers money for 30 days as a free loan which is documented as part of the trade in scam dealers pull.

 

But for the good news on day 31 the balance has gone to zero on the Harley Davidson Financial Service web site on my account page. I will call on Monday to confirm and will be happy to put this behind me.

 

While I researched this on the internet many people are not so lucky and get stuck having to pay off their old loan along with their new loan or the dealer just closes and they are now stuck with both loans.

 

Now all I have to do calculate the amount to contribute to the forum once I confirm with HDFS on Tuesday that the loan is satisfied.

 

ACCOUNT OVERVIEW

 

Account Status: GOOD STANDING

Payoff Estimate: $11,412.32.

The payoff estimate is valid through 6/04/2018.

Outstanding Balance: $0.00

Next Payment Due: 6/01/2018

Total Amount Due: $0.00

[American]

Final update:

 

The payoff payment is now showing in the payment section of the HDFS web site and the balance is $0.00

 

Thank you to those who supported me on this matter, and for those who emailed or called the dealer as well.

 

I made a contribution as I said I would to the forum via the contribution button and rounded it off to an even $75.00 dollars in support of this forum.

 

Thank you again to everyone I think everything combined helped a great deal, it will not be forgotten.

[RDawson]

Happy to hear that nightmare is over. Hope they reimburse your out of pocket expenses.

[ChiefGunner]

Final update:

 

The payoff payment is now showing in the payment section of the HDFS web site and the balance is $0.00

 

Thank you to those who supported me on this matter, and for those who emailed or called the dealer as well.

 

I made a contribution as I said I would to the forum via the contribution button and rounded it off to an even $75.00 dollars in support of this forum.

 

Thank you again to everyone I think everything combined helped a great deal, it will not be forgotten.

 

Thats good to hear! Are you going to get a check BACK from the extra you had to pay and shouldn’t have?

I sure hope so!

Edited May 27, 2018 by ChiefGunner
Stupid autocorrect!!

[Flyinfool]

Thats good to hear! Are you going to get a check BACK from the extra you had to pay and shouldn’t have?

I sure hope so!

 

IF the dealer sent in the amount that was in the contract, then HDFS should/will be sending out a check for the over payment less the extra 10 days of interest.

[XV1100SE]

Glad to hear they finally came thru !