Legal Question in Consumer Law in Virginia

My parents (ages 75 and 72) purchased a truck from a car dealership. The next day mom called the dealership and told them they could not afford the truck and wanted to return it and get their car back.Told that it was too late, they had sold her vehicle and would have to make the first payment before the bank would consider a new loan and to come back after they made the first payment and they would sell them another vehicle and get their loan decreased.They were not able to make the first payment and voluntarily returned the vehicle.Something didn't seem right about them being able to obtain a $40,000 loan since their only income is social security ($1260 & 576).After filing a complaint with the BBB I found out the dealership inserted a pension of $1576 for my dad and inserted a 3 in front of my mom's income. My dad does not receive a pension and my mom has never made $3576/month in her lifetime. I have a copy of the credit application but the dealership is trying to say that my parents gave those incomes to them. It is obviously not their handwriting on the income portions of the form and my parents are adamant that they told them from the start that their only income was $1260 and $576 social security. After reviewing their credit report I see that there were several banks who viewed their credit report that day and I attempted to get a copy of what was sent to them but have not been successful. How can I prove what they did?


Asked on 3/13/11, 7:50 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Fraud appears rife in the facts as you've outlined them, covering everything from fraudulent inducement, to violations of the Virginia Consumer Protection

Act, the federal Truth in Lending Act, falsified loan documents, credit reporting detriment, and who knows what else? Punitive damage claims against this dealership could well be merited from what appears to be a transaction fraudulent on its face.

However, rather than attempting to handle the situation yourself, I would recommend hiring a lawyer to handle it for your parents, if at all possible, given the number of state as well as federal laws that may have possibly been violated in this bogus transaction and the separate damage claims that might be pursuable against this dealership for each violation.

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Answered on 3/13/11, 9:31 pm
Cary Moseley Law Office of Cary Powell Moseley, PLLC

You need to get an attorney. BBB complaint will not likely yield a fully favorable result. You may have a number of valid state and federal claims.

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Answered on 3/14/11, 6:44 am


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