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-   -   We Need A Lawyer. Any Brothers Here Work In Law? (http://www.cigarasylum.com/vb/showthread.php?t=52026)

SteelCityBoy 12-22-2011 12:25 PM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
Hope this thing works out brother...I know it has been bugging you guys for a while now...I wish you all the best and hope this is put to rest for you guys soon. Wish I knew someone that could help...

ktblunden 12-22-2011 12:35 PM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
If this is affecting her credit, they have her SS#, not just her name. That makes it fraud, whether it was intentional or not. I don't really see how they just happened to use someone else's name and SS# in setting up a car loan.

Django 12-22-2011 03:22 PM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
Quote:
Originally Posted by ktblunden (Post 1510437)
If this is affecting her credit, they have her SS#, not just her name. That makes it fraud, whether it was intentional or not. I don't really see how they just happened to use someone else's name and SS# in setting up a car loan.
Here in Holland the definition of fraud implies that an action was undertaken with the intention to benefit (and so disadvantaging others).

Since there was no intentional benefit it's not fraud. At least thats how it's taught here :2

ktblunden 12-23-2011 07:11 AM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
Quote:
Originally Posted by Django (Post 1510594)
Here in Holland the definition of fraud implies that an action was undertaken with the intention to benefit (and so disadvantaging others).

Since there was no intentional benefit it's not fraud. At least thats how it's taught here :2
According to the Social Security Administration, Identity theft, fraud and misuse of a person's social security number all warrant the same action. The fact of the matter is that SS# is a private number that no one should just have access to, so at the very least the car dealership is not protecting their customers' private information if someone was just able to "accidentally" use the wrong person's name and SS# to write a loan. I won't even get in to how several people managed to review and sign the load paperwork with no one realizing it had the wrong name on it.

http://ssa-custhelp.ssa.gov/app/answ...-security-card

shilala 12-23-2011 07:55 AM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
We had to do all the things mentioned in that link Kevin provided.
They were the very first things we were advised to do.

BloodSpite 12-23-2011 08:02 AM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
I hope this gets all cleared up for you! Hate to hear this kind of thing during the holidays.

ktblunden 12-23-2011 09:53 AM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
The whole thing really sucks, man. Hope someone can get this cleared up and over with.

maninblack 12-23-2011 03:23 PM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
Hope it gets cleared up quickly and painlessly Scott. And your credit score goes back to normal.

EricF 12-23-2011 03:41 PM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
PM sent

shark 12-23-2011 08:41 PM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
Quote:
Originally Posted by shilala (Post 1510364)
Chris, the thing is, it's not fraud. It's simply a clerical error.
Now no one will repair or take responsibility for the error because they know there are consequences. Had they just taken care of it two months ago when we found the problem, it wouldn't have been a big deal. But now it's mushroomed into a huge mess because everyone is hiding from it.
Add to that, it's more days and hours and cost incurred by us to travel, call and beg. We're completely exhausted with all that, which is why we're willing to pay someone to handle it and cut our losses. We just can't take anymore.
Damn, they still haven't made this right? What a bunch of a**holes.

Dr Voss 12-23-2011 09:09 PM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
Sounds like a call to the Dick at the dealership to inform him your next call to will be to the media in 24 hrs if it isn't taken care of. He doesn't know that you don't have time to mess with them and it may be enough to get him off his *ss. Another way is go over his head, find out who owns the dealership and give them a call. Use your leverage as a customer. It sounds like the time to play nice is over, it's time to burn the manager if he won't be responsible.

Jasonw560 12-23-2011 09:19 PM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
I've got a friend in the car biz. I know Texas isn't Ohio, but maybe it'll still help.

Don Fernando 12-24-2011 03:36 AM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
get in touch with BigAsh, he's a lawyer

mosesbotbol 12-26-2011 06:11 AM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
Why isn't the AG helping you out? Sounds like low hanging fruit for the department show off how they are useful.

cmitch 12-26-2011 08:33 AM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
Proving damage should not be a problem so suing them for refuing to rectify this is your only option.

shilala 12-28-2011 09:01 AM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
One of our brothers pm'd me with the idea to call Hyundai consumer affairs. It had never occurred to me at all. It was an easy call and should cut right to the owner of the dealership who is the guy who will ultimately be liable for all this.
My guess is that he knows absolutely nothing about it.
Once I can get to him and he hears the story, I would think he'd spend his every waking hour to rectify the situation. It's worth a shot and I don't have time to lawyer chase until after the 3rd with all our holiday busy.
I'm supposed to hear back from Hyundai consumer affairs within a few hours, once it's assigned to someone, then we go from there.
In the meantime I'm going to try to find out who the owner is and call him directly. :tu

cmitch 12-28-2011 09:05 AM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
Quote:
Originally Posted by shilala (Post 1514323)
One of our brothers pm'd me with the idea to call Hyundai consumer affairs. It had never occurred to me at all. It was an easy call and should cut right to the owner of the dealership who is the guy who will ultimately be liable for all this.
My guess is that he knows absolutely nothing about it.
Once I can get to him and he hears the story, I would think he'd spend his every waking hour to rectify the situation. It's worth a shot and I don't have time to lawyer chase until after the 3rd with all our holiday busy.
I'm supposed to hear back from Hyundai consumer affairs within a few hours, once it's assigned to someone, then we go from there.
In the meantime I'm going to try to find out who the owner is and call him directly. :tu
Hopefully, a manager will no longer be employed there along with whoever the idgit was that caused this.

shilala 12-28-2011 11:49 AM
Re: We Need A Lawyer. Any Brothers Here Work In Law?
 
Quote:
Originally Posted by cmitch (Post 1514327)
Hopefully, a manager will no longer be employed there along with whoever the idgit was that caused this.
I hope not. But I do hope some asses go kick. :tu


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