Did I ever tell you the story about our client who purchased a Ford Escort from a dealership at .9% on Sunday and they sent a payment booklet with an adjusted interest rate of 2.9%? He continued to pay the agreed-upon amount rather than the "new and improved" amount so the dealership repossessed the car. He went back to the dealership and repossessed it right back. They started calling him and harassing him, calling his employer, calling him a thief, calling him a thief to his employer and came to his place of business to take the car back again. He got the car back and sued them for all kinds of fun stuff, including libel, slander, harassment, breach of contract, discrimination and anything we could throw at the wall and make stick. He ended up getting a comfortable six-figure settlement and I say Good.For.Him for getting it.
I'm on this guy's side every which way from Sunday. I hope he takes them to the cleaners.
A friend of mine got a mortgage for around 2% lower than it was supposed to be about 10 years ago. They signed that paperwork so fast! The mortgage company tried to "correct" the error, but it was too late. She always gets freakin lucky with stuff like that.
shouldn't he also have a case against the police? I am thinking false arrest. I know if I say some stole something from me, if it wasnt done by force they will say it is a civil matter.
Blacksred, the police would generally have civil immunity unless it was an outrageous offense, brutality, civil rights violation on the part of the officers or superiors. This was a standard arrest. And you'd be wrong in that they would say it's a civil matter - theft is a criminal offense. Think about it - a store calls saying someone shoplifted; the police show up and arrest the person and haul him/her off to jail, they don't sit there and go through a "he said/she said" thorough investigation. They are there to apprehend in criminal matters, not make a decision as to whether a crime has occurred; the decision is up to the prosecutor after a detailed police investigation (and they have a certain amount of time in which to investigate after a charge has been made). They were doing their job so there wouldn't necessarily be a case against them since at the onset there was a charge of theft. The case would be against the charging party (the dealership) for wrongful arrest, libel (written), slander (verbal), and what-have-you.
shouldn't he also have a case against the police? I am thinking false arrest. I know if I say some stole something from me, if it wasnt done by force they will say it is a civil matter.
That is what I was thinking too. I mean couldn't he have just showed the police all the paperwork.
If the error had been so obvious that a reasonable person would have thought there was a mistake then the dealership could have an argument but 6k off a 38k car sounds like a good deal... not a mistake.