[Xort]

Toastmaker Toastmaker:

This took place not far from me in the state of Virginia and I asked some people who know what really happened. The accused was picked up on an arrest warrant for theft by fraud. He was not actually jailed. He was taken before a commissioner (magistrate) where he had to wait, in an office setting, not a jail cell, where he was then released on his own recognizance about four hours later.

It doesn't matter how nice the cell is, being arrested by the police is still being held against your will.

$1:

Not quite the shocking story the media would like us to believe, eh? Anyway, the charges were dropped by the district attorney and the Commonwealth of Virginia is expunging the arrest record.

And the people that made the complaint are having what done to them by the state?

$1:

The owner of the dealership is attempting to compensate him for this and the floor manager that swore out the warrant is being looked at for a possible charge of false reporting/abuse of process. A 2.2 million dollar lawsuit is just someone trying to take advantage of a situation as a cheap opportunist.

Opportunist? I guess it's a great opertunity to have a warrant for your arrest out getting dragged off the street.

$1:

PS: Anybody going to tell me how this goes in Canada?

How does what go?

[martin14]

Toastmaker Toastmaker:

A 2.2 million dollar lawsuit is just someone trying to take advantage of a situation as a cheap opportunist.

Don't know about you, but being picked up by the police for something I didn't
do, after a knowingly false report was filed by an idiot who can't read
his own one sided contract, and sitting downtown for 4 hours..

Couple things here.

1. The dealer ( and ALL car dealers ) need to understand you don't do shit like that. ever.

2. The cops are also guilty of not doing any kind of investigation.
One 2 minute look at the contract should have been enough to tell the dealer to piss off.

3. Whoever signed off on the warrant is a third fail.

4. It will take time to get all this straightened out, and you can be sure
the guy will have to watch every step of expunging the record like a hawk.
More time and aggravation.


Of course, they won't settle for 2.2 mill., that's a shot at the dealer that
says an apology isn't anywhere near enough.

If this happened in Canada ? Who knows, he would get a discount coupon for
Tim Hortons, that would probably be about it.


We don't have much of a justice system in Canada.


And Toast, since you are so close to this, I'm sure you can keep us updated
on things. Has the sales manager been fired yet ?
Seems to me that's item one for the dealer to do.

[Brenda]

Toastmaker Toastmaker:

Brenda Brenda:

He brought the car back the next day, and was arrested 5 WEEKS later. Toasty, you are not serious, right?

Brenda, it can easily take that long for a warrant to be issued and served, after the complainant (the dealership manager)decided to swear out the complaint before the court. He didn't just call the police, tell them his story and they rushed right over to lock this guy up.

This took place not far from me in the state of Virginia and I asked some people who know what really happened. The accused was picked up on an arrest warrant for theft by fraud. He was not actually jailed. He was taken before a commissioner (magistrate) where he had to wait, in an office setting, not a jail cell, where he was then released on his own recognizance about four hours later.

Not quite the shocking story the media would like us to believe, eh? Anyway, the charges were dropped by the district attorney and the Commonwealth of Virginia is expunging the arrest record.

The owner of the dealership is attempting to compensate him for this and the floor manager that swore out the warrant is being looked at for a possible charge of false reporting/abuse of process. A 2.2 million dollar lawsuit is just someone trying to take advantage of a situation as a cheap opportunist.

PS: Anybody going to tell me how this goes in Canada?

It should never have been an issue, the police should have told the dealer to fuck off and come with something credible instead of filing a false report, and NO, it does NOT take that long. It took them 4 hours to dismiss this bullshit. 4 hours of YOUR tax money.

Of course he won't get 2.2 million. I doubt money is the issue here anyway. He wants revenge. He got it.

[OnTheIce]

After reading more about the story, the customer appears to be more of a dick than originally described.

Not only did the dealer allow the man to return his original car without penalty they offered him an upgraded model which he agreed to pay for yet when the error on the contract was noted, he refused to own up to the difference AFTER the dealer went out of their way to make the customer happy.

It's like going into a corner store and the clerk giving you change for a $20 when you gave him a $10. Sure it's not illegal, but it's just not right to walk away with more change, screwing the clerk.

The dealer should have handled the matter properly, through other legal means rather than take this step which was a dick move all by itself.

[Toastmaker]

Brenda Brenda:

It should never have been an issue, the police should have told the dealer to fuck off and come with something credible instead of filing a false report, and NO, it does NOT take that long. It took them 4 hours to dismiss this bullshit. 4 hours of YOUR tax money.

Of course he won't get 2.2 million. I doubt money is the issue here anyway. He wants revenge. He got it.

1. Yes, we all agree that this travesty never should have happened and that the manager should not have been such a jackass.

2. The police could not tell the claim from the manager was false at the time and are not permitted to sit in judgement of criminal complaints - that's the job of the courts.

3. Yes, It can and does often take that long. The wheels of the justice system administration are some of the slowest in the world.

4. Make no mistake - it is absolutely ALL about the money !

[Brenda]

Uhoh. So if I catch a burglar in my house, it takes 5 weeks to get the paperwork done and for the cops to come?

[martin14]

OnTheIce OnTheIce:

It's like going into a corner store and the clerk giving you change for a $20 when you gave him a $10. Sure it's not illegal, but it's just not right to walk away with more change, screwing the clerk.

ya, and then the clerk calling the police to say you stole something.

Then getting picked up for it.

$1:

The dealer should have handled the matter properly, through other legal means rather than take this step which was a dick move all by itself.

Agreed, and now it will get very embarrassing.

[Toastmaker]

Slow down, young lady - think for a moment. . . There is a world of difference between a crime in progress and an administrative offense like fraud (which the manager tried to have him charged with).

Let me try to create hypothetical, yet technically accurate details of why this took five weeks:

The dealership manager no doubt spent some days of multiple phone calls trying to get this customer to agree to a new contract reflecting the correct price. . . that failed so they thought about what to do for a day or so and came up with this grand scheme to charge the guy with "theft". The police absolutely told him that a representative of the dealership would have to go down to the State's Attorney's office and swear out a complaint. This sets forth the accusation which forms the basis of a warrant being issued for the accused to answer the charges before the court. This takes time.

From the time the complaint is drawn, it can take a week or two for the warrant to be issued and sent to the Sheriff's office for service. They (not the police)serve arrest warrants and this one went to the bottom of the pile because it was not a violent felony. Couple of weeks more pass before the short-staffed, overworked Sheriff's Deputies who serve warrants got around to this guy, picked him up and took him before the Commonwealth magistrate for bond setting (which in this case was no money - personal recognizance).

THAT'S why these things can take five weeks, and sometimes much more than that.

[Brenda]

"Slow down, young lady"? Derogatory much?

"The dealership manager no doubt..." You are assuming. Stop. Maybe he did, maybe he did not. Maybe... If...

Fact is, the guy was picked up for a mistake someone else made. NOT a good look.

[Toastmaker]

Hey, I meant you no offense, really. I'll just use "Brenda" from now on.

Anyway, I was speaking directly to your shock and surprise at this thing taking five weeks and trying to explain why it easily could have.

And it was not a "mistake" someone made that caused the buyer to be arrested - it was an intentional act on the part of the dealership manager.

[OnTheIce]

Brenda Brenda:

Fact is, the guy was picked up for a mistake someone else made. NOT a good look.

The dealership's poor actions aside...

A mistake was made AFTER the dealer did the customer a HUGE favour.

Considering the dealer went out of their way, took the vehicle back when they didn't have to, would it be so much to own up to the difference owing on the new vehicle?

Running away chuckling when you know you screwed the dealer for 5k after they went over and above to help you out is a dick-move.

[Brenda]

OnTheIce OnTheIce:

Brenda Brenda:

Fact is, the guy was picked up for a mistake someone else made. NOT a good look.

The dealership's poor actions aside...

A mistake was made AFTER the dealer did the customer a HUGE favour.

Considering the dealer went out of their way, took the vehicle back when they didn't have to, would it be so much to own up to the difference owing on the new vehicle?

Running away chuckling when you know you screwed the dealer for 5k after they went over and above to help you out is a dick-move.

Ya, sorry, but I disagree with you.

$1:

The dealer’s sales manager made the swap, allegedly without saying anything about a price differential between the two. Sawyer signed a final contract for around $34,000 when the vehicle he took home had an actual price of closer to $39,000.

You can't come back later and say "Oopsie, wrong price, you gotta pay an extra $6k."

When the price on the shelf is lower than the price the register says, you still get the lower price. You expect WalMart to call you because they upped the price too?
Please. He signed a FINAL contract. End of story.

[Yogi]

Brenda Brenda:

Uhoh. So if I catch a burglar in my house, it takes 5 weeks to get the paperwork done and for the cops to come?

Theoretically, the police show up within minutes of your call. They then arrest the burglar based on your info and take him/her into custody.
The case is then referred to the Crown Prosecutors Office, which then does their own review/investigation, and then, if they feel all circumstances warrant, files the appropriate charges with the courts.

[OnTheIce]

Brenda Brenda:

You can't come back later and say "Oopsie, wrong price, you gotta pay an extra $6k."

When the price on the shelf is lower than the price the register says, you still get the lower price. You expect WalMart to call you because they upped the price too?

Please. He signed a FINAL contract. End of story.

Nor can you come back a day later and change vehicles after you signed a FINAL contract.....but the dealership allowed him to do so.

When someone goes out of their way, breaks their own contract to make you happy and happens to make an error during the switch, I think you acknowledge the fact that they did you a favour AND you got a better vehicle in the process and pay the difference.

Instead, he decided to ignore the dealership which is perfectly legal but it's still a dick-move IMO>

[Brenda]

Right. There is no return policy in the contract. K.

I don't think so. When you bring it back, they take it in, let you choose another one, sign it over and do not mention a difference in price, the dealer is out of luck. Write it off, they do that all the time. Risk of doing business.

This bs has cost them a lot more than $6k.