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About Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).

Experience
30 years experience negotiating disputes and resolving financial issues related to consumer debt, corporate debt, and mortgage restructuriing.

 
   

You are here:  Experts > Business > Corporate Law > Negotiating Disputes > Auto Deposit

Negotiating Disputes - Auto Deposit


Expert: Michael Brotherton - 12/6/2008

Question
In July of 2008 I put a $25,000.00 deposit with a local Chevy Dealership for a new car that was being build and shipped from the Factory, they said it would arrive the first week of October, then it was towards the end of October, then it was the 2nd week of November, then it was we guarantee you will be driving it by Thanksgiving, no it is December 6th and they are not sure now when the car will be built, can I get my non-refundable deposit back without haveing to go to court and sueing them?

Answer
Yes you may. They never honored their agreement. If you wish to cancel the deal then send them a formal notice that since they cannot deliver the car according to the agreement you wish to rescind the deal and get your money back. Send the letter to the general manager by certified mail. If you have an attorney Cc the attorney and reference it on your letter. You have a contract I presume. Read it carefully and/or have an attorney review it to make sure there is no language that would make the agreement open ended for them on delivery dates.

If they do not refund your money file a complaint with your state attorney general. They will have to comply then.

If you have a contract and you need someone to review the contract our firm would be happy to help for just a small fee. We are a full service law firm. We deal primarily with consumer issues such as this and those related to debt and credit. If you need help call my office at 937 372 8581.

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