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Old 12-18-2016, 08:30 PM
 
783 posts, read 571,223 times
Reputation: 2068

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I need some advice about how to get my money back from used car dealer in NJ.

I'm a student in NYC. I work part-time and I had saved up money to buy a cheap car in preparation for a potential transfer either upstate or out of state. I purchased a car from a used car dealer in September. The price was $2500 and the transaction was done as a credit (no pin) but using my bank debit card.

Long story short, the dealer was supposed to provide me with the car title within a few weeks so that I could register the car in my own name. They were unable to do so and told me they would not be able to do so for months, so they offered me a refund, which I accepted. I brought the car back to them on October 8th. They said that they would send me a full refund the next week, and we signed an agreement to that affect. A week or so later, I called to ask about the refund, and was told that the refund had been processed on October 10th and was sent a picture of a supposed return receipt dated October 10th. I waited a couple of weeks, but no refund was received. I contacted my bank to make sure nothing was pending and they assured me that they had received nothing regarding the return.

It's now over two months later. The car has already been relisted for sale on their website. I have spoken to them multiple times over the phone to get them to find out why I still don't have my money, but the person told me that there is nothing that they could do because it was an issue with their merchant account and that I should request a chargeback from my bank. I have done so, but there is no guarantee that my bank will actually decide in my favor. I have heard that it's not easy to get a chargeback when using a debit card, even when it's a credit transaction. It's been almost two months since I submitted the request and I still don't have a decision from them. I expected it to be much faster since I have all of the proof and the vendor doesn't dispute that the money should be returned to me.

I submitted a complaint against the dealer with both the NJ Motor Vehicles Department and the NJ Consumer Affairs Department. Both immediately contacted me about the complaint, but I haven't heard anything from either in weeks. They also suggested that there really wasn't anything they could do, besides simply talking to the dealer, to help me get my money back. I also learned through one of those departments that the dealer's license was revoked not too soon after I purchased the car. They were still doing business under another name though.

Is there any other way, besides a small claims suit, or any other agency that I can take my complaint to, to get my money back?
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Old 12-18-2016, 08:41 PM
 
Location: Sugarmill Woods , FL
6,234 posts, read 8,374,085 times
Reputation: 13809
Judge Judy show!
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Old 12-18-2016, 08:42 PM
 
Location: Sarasota FL
6,864 posts, read 12,000,915 times
Reputation: 6743
Report the situation to the New Jersey Dept of Consumer Affairs.
I'm in Florida but purchased a ECU for my car on line because it said 'in stock' [it wasn't] from a seller in NJ. The purchase included a core charge that would be returned when they got the old ECU. Not only didn't they include the yellow package return sticker but after 3 weeks, no core refund. I made a complaint with Consumer Affairs, both state and their county. My credit card was credited 3 days later.

Last edited by d4g4m; 12-18-2016 at 08:54 PM..
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Old 12-18-2016, 08:44 PM
 
Location: Niceville, FL
13,256 posts, read 22,653,883 times
Reputation: 16397
Local tv news show that likes to run "News 8 is on your side' consumer justice segments? Local newspaper?
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Old 12-20-2016, 07:32 PM
 
783 posts, read 571,223 times
Reputation: 2068
Quote:
Originally Posted by d4g4m View Post
Report the situation to the New Jersey Dept of Consumer Affairs.
I'm in Florida but purchased a ECU for my car on line because it said 'in stock' [it wasn't] from a seller in NJ. The purchase included a core charge that would be returned when they got the old ECU. Not only didn't they include the yellow package return sticker but after 3 weeks, no core refund. I made a complaint with Consumer Affairs, both state and their county. My credit card was credited 3 days later.
I have already filed a complaint with the Consumer Affairs department. They haven't been much help.

Quote:
Originally Posted by beachmouse View Post
Local tv news show that likes to run "News 8 is on your side' consumer justice segments? Local newspaper?
I will look into this. I have to find out what the local channels in New Jersey are. Thanks for the suggestion.
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Old 12-21-2016, 10:07 AM
 
2,684 posts, read 2,365,817 times
Reputation: 6284
I'd imagine you have tried this, but did you try working with the fraud department of your debit card provider? They can be helpful sometimes, especially in a situation where the merchant is agreeing that the money should be refunded.

I would also try contacting the police department in their town and filing a police report. Theft is a crime, and fraud is a crime- I forget which one it would be but the police will decide. Ultimately they've stolen your money by tricking you. What they've done to you is criminally illegal, not just a civil issue (i.e. not just small claims court). Obviously they are lying about trying to refund your money.
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Old 12-21-2016, 10:42 AM
 
33,387 posts, read 34,622,442 times
Reputation: 20027
you have a few options, hopefully you saved all your paperwork indicating you paid them, and that you were also to get a refund from them. i would contact any consumer affairs reporter, the city DA, etc. in the end you will probably have to go to small claims court to get your money back. if you, then when you get the judgement against the dealer, immediately file it with the clerk of the court, and send the dealer a registered, return receipt requested so you know they got the letter, giving them 30 days to pay, or further legal action will be taken. if they dont pay, then you are going to have to sieze assets of the dealer until they pay up.
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Old 12-21-2016, 01:55 PM
 
Location: new yawk zoo
8,612 posts, read 10,979,975 times
Reputation: 6279
any update?
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Old 12-24-2016, 12:43 AM
 
783 posts, read 571,223 times
Reputation: 2068
Quote:
Originally Posted by NYCresident2014 View Post
I'd imagine you have tried this, but did you try working with the fraud department of your debit card provider? They can be helpful sometimes, especially in a situation where the merchant is agreeing that the money should be refunded.

I would also try contacting the police department in their town and filing a police report. Theft is a crime, and fraud is a crime- I forget which one it would be but the police will decide. Ultimately they've stolen your money by tricking you. What they've done to you is criminally illegal, not just a civil issue (i.e. not just small claims court). Obviously they are lying about trying to refund your money.
Yes, I filed a complaint and asked for a chargeback a couple of weeks after the refund did not arrive. But as of today, it has been two months and no decision from them. I'm somewhat worried that they will come up with some way to deny my claim even though all of the evidence is in my favor.

If the bank does not return the money, I will consider contacting the police before I start a lawsuit, but I doubt the police can actually force them to refund the money. Although if they could, that would be great.

Quote:
Originally Posted by rbohm View Post
you have a few options, hopefully you saved all your paperwork indicating you paid them, and that you were also to get a refund from them. i would contact any consumer affairs reporter, the city DA, etc. in the end you will probably have to go to small claims court to get your money back. if you, then when you get the judgement against the dealer, immediately file it with the clerk of the court, and send the dealer a registered, return receipt requested so you know they got the letter, giving them 30 days to pay, or further legal action will be taken. if they dont pay, then you are going to have to sieze assets of the dealer until they pay up.
Thank you for the info, someone else also suggested a 'on your side' reporter too. I will start looking. I don't know what channels have that because I don't live in NJ. I wonder if NY reporters would care enough to do it? Anyway, I will look into it.

Quote:
Originally Posted by sirtiger View Post
any update?
Nope, still no money. I couldn't even buy myself a Christmas present.
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Old 04-14-2018, 09:45 AM
 
Location: California Central Coast
741 posts, read 1,315,890 times
Reputation: 1423
What was the outcome; did you ever receive the refund?
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