• Report: #1049245

Complaint Review: JD Byrider / CNAC

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  • Submitted: Wed, May 08, 2013
  • Updated: Wed, May 08, 2013

  • Reported By: Dan — INDIANAPOLIS Indiana
JD Byrider / CNAC
Indianapolis, Indiana USA

JD Byrider / CNAC Thieves / Ripoff Indianapolis Indiana

*Author of original report: Missunderstood....

*Consumer Comment: No..

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I recently traded in a truck that was financed through CNAC but even with them knowing that i had traded, they still called me non stop demanding a payment (which i made). The dealership paid off the balance of the vehical March 27th, 2013 and it left an overpayment that should have been refunded. I am now being told that they only cut checks once a month and so i wait until the 25th of April. The check was cut and mailed to my OLD address (i gave them my new address on May 2nd). Needless to say, no check in site.

These jerks are now saying that they cannot stop payment on the check for 30 days! Are You Kidding Me? 

Legally, am i able to sue them for the immediate return of my money plus the frustration and a lost wages from trying to track a check that I believe was never mailed?

_Help_


This report was posted on Ripoff Report on 05/08/2013 02:06 AM and is a permanent record located here: http://www.ripoffreport.com/r/JD-Byrider-CNAC/Indianapolis-Indiana-46226/JD-Byrider-CNAC-Thieves-Ripoff-Indianapolis-Indiana-1049245. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 1Consumer 0Employee/Owner
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#1 Author of original report

Missunderstood....

AUTHOR: Dan - ()

Yes, i changed my address with them April 2nd...however the check was not cut or printed until April 25th and mailed on the 29th. My new address was on file with them for almost a month before this happened.

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#2 Consumer Comment

No..

AUTHOR: Robert - ()

 By your own admission you didn't notify them of your new address until May 2nd.  So of course it is going to go to your old address and there is nothing fraudlent about that.  After all they are not mind readers and until you tell them, they have no idea you have moved.

You would have to somehow prove that they didn't mail the check and that is going to be pretty much impossible.  Now, if you have given them the correct address, they have cancelled the pevious check, and they have said they sent out a new check.  But still don't receive it then you may want to think of taking additional action.

But apparently have zero idea how a lawsuit works.  Even if you went down to the courthouse today to file a suit.  It would be 60-90 days before your case was even heard in court, and in some juridisctions it could be longer.  Not only that but even if your case is heard and you prevail, the courts give the other party a period of time they can appeal(usually a couple of weeks).  If you get through all of that they still usually have several weeks before they must pay you.  So the "immediate" return of your money would be somewhere around Labor Day.

As to what you can sue for.  You of course can sue for the actual amount you are owed, if you prevail you would also be entitled to the court costs.  You could also claim interest on the amount, but unless the dealer really overpaid the amount this would probably be only a few dollars.  Your claim of lost wages is going to be very hard, as you don't work 24/7.  If you work long enough to where they are only open when you are working, you are working long enough for breaks where you can take care of this.  If they are open when you are not working then this is when you should be taking care of business. If you are taking off of work to track this down that is on you..and for you to do this it better be a heck of a check.

 

 

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