To make a long story short, they accidentally put money in my account...twice! the first time i thought was my money because at the end of the sale they were telling me that in order for me to get the rebate towards my car I needed to show proof of residency. So i did. In a months time i saw the money back into my acct. I get a call about 5 days later letting me know of there error. I told them it was too late because it was already spent. The same person called to inform me of another deposit into my acct and to not touch it. I'm beginning to wonder why this girl is still working there and how many others were affected by her negligence. But i didn't and it was withdrawn the next day. Instead of them trying to figure out a way to get the money I thought was my rebate they went into my acct and just took it...TWICE!!!.Now I'm overdrawn at least $4000. They are willing to give back half but that's not good enough. SHOULD I OR CAN I SUE THE CAR COMPANY AND THE BANK FOR NEGLIGENCE?
2007-05-08 09:59:36 · 5 answers · asked by ? 2 in Politics & Government ➔ Law & Ethics
Monica is right. You are ultimately responsible for knowing how much money is in your bank account and how much you can spend. If there was any question as to where the money came from, you should have confirmed with the company that the funds were the rebate you were entitled to before you spent it. (Even if this were true, I find it hard to believe that the company didn't send you some type of notification that they'd credited the rebate to your account on such day in such amount.) The second time is even more egregious. If you knew that the first time was an error, you were on constructive notice that this might be one too, and you should double-check before spending. Even worse is the fact that you were told not to spend it this time. Then you were on actual notice that the money was not yours, but you spent it anyway.
I agree that what the car company did was sloppy, but it was your own sloppiness that did you in. No lawsuit here.
2007-05-08 10:27:12 · answer #1 · answered by julz 7 · 1⤊ 0⤋
Your story is not holding up here, and I doubt it will hold up with the bank or the car company. Unless you are a bezillionaire and you rarely look at your bank account while continuing to spend, most of us are pretty careful about what we spend, and are painfully aware of how MUCH we have to spend. Your story is disengenuous - the only person who was truly negligent was you by spending money that was not yours to begin with. Better pick up an extra job or make a loan - the overdraft thing is dangerous.
2007-05-08 17:09:34 · answer #2 · answered by Anonymous · 2⤊ 1⤋
To be honest, a few thousand, it'll cost that atleast to hire a decent lawyer. It could cost you way more then what you can even get, and you may not even win, so it wouldn't be worth it. If you spent money you didn't have and now they want half of it back? Thats not a bad deal, a free two thousand imo is nice.
2007-05-08 17:30:51 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I'm not a lawyer, but if you've already exhausted all of the resources at the car company (including going all the way up the corporate ladder) then it would seem that at the very least, you'd have yourself a pretty good civil suit. Good luck.
And just so the rest of us know... what company was this? I'm looking into buying a car and sure don't want to buy one from a company that's doing this crap.
2007-05-08 17:06:11 · answer #4 · answered by rocknrobin21 4 · 1⤊ 3⤋
You need to CALL a real attorney. Don't be cheap!
2007-05-08 17:12:38 · answer #5 · answered by Starla_C 7 · 1⤊ 0⤋