Need help, Dealer don't pay

Energy One
Michaelb

Michaelb

Member
Hello all -
I hope my problem hasn't happened to someone on here but if so, I need some advise.
I purchased a Big Dog during Myrtle beach bike week. When I purchased the bike, I used my VTX 1800 as a trade-in. I owed 2700.00 on the bike when I traded it in. The Dealer gave me 6400.00 for my trade which gave me some money to put down on my dog.
The problem is that apparently the dealership went belly up and never paid off the remaining balance of my Honda. Now Honda is wanting their money and my wife is up my ass about this payment.

If anyone has any advise I would greatly appreciate the help. I purchased the bike from Big Dog of Columbus Ohio.

I would run over to the dealership but I live in South Carolina. :angry:
 
Raywood

Raywood

The Pirate
Staff member
Calendar Participant
Troop Supporter
It should have been typed out on your bill of sale document. Cost of bike, trade in value and remaining or total cost of bike.
Also, who had the title? If the bank still had the title contact them and see if the dealership bought it.

But your bill of sale should cover your ass if your trade in was listed on it.

:cheers:
 
Michaelb

Michaelb

Member
The bike i traded in was financed through Honda Financial. and the trade was listed in the bill of sale.
But I don't think Honda cares about that. They want their money for the loan. Honda still has the Title and the big dog dealer never paid them nor have the asked for the title to be released to them.
This dealer went out of business.
I'm wondering what they did with the bike since the never paid the loan off nor do they have the title to sell the bike.
 
W

woodbutcher

Mr. Old Fart member #145
Staff member
to cover your ass and protect your credit rating, you may have to go ahead and pay off the honda and then talk to the sheriff's dept. in the county where the dealer was located to see if there is any action you can take to recover the honda. if not, possibly file a stolen vehicle report or something of that nature.
 
V

V

Guru
I just called 614-372-0316 and got a company called "Skunkworks" ,BD of Columbus had this noted as their service number. A guy answered and I just told him I had the wrong number. May be a place to start:confused:

V
 
Raywood

Raywood

The Pirate
Staff member
Calendar Participant
Troop Supporter
I still think the Bill of Sale covers your ass. Have you sent a copy of it to the *onda company? Before you paid anything I would take copies of your paper work down to your local courthouse and ask if you can have a public defender or somebody there look at your paperwork and see if you are covered.

Good luck
 
Michaelb

Michaelb

Member
Good idea Raywood. I'll try to stop down there on Friday. I hope I get this cleared up. If not, I don't think my wife is going to get me anything for Christmas.
 
Mickeetwo

Mickeetwo

Guru
If you've got your bill of sale your covered. After you traded it in you no longer owned the bike. Its Honda's problem.
 
chucktx

chucktx

Well-Known Member
honda knows that they cant get there money from the dealer...belly up....so they are comming after you, to hopfully scare you into paying off the bike.....your bill of sale should cover you....as stated, send a copy to honda and check with the public defender............good luck
 
HOOLIGAN

HOOLIGAN

SICK BOY
I wouldn't pay Honda shit. Your paperwork should cover your ass. Once you bought the Big Dog and traded in your Honda that should have been the end of your dealings with Honda. Big Dog of Colmbus entered into a binded contract with you with your Honda as a trade in, it was their responsibility to pay off Honda at that point, not yours.
 
G

Gas Man

Cool isn't cheap
Calendar Participant
I agree. Fuck honda, if you have a bill of sale and the dealership took ownership of the bike, then its the dealerships problem. If Honda can't get ahold of them, then maybe Honda needs to spend some of their millions to track the dealership down.
 
txchopperguy

txchopperguy

Well-Known Member
The exact same thing is happening with a major GM dealer across the country right now...Bill Heard Chevrolet, which had 37 stores nation wide

They just went belly up due to a ton of lawsuits over the dealers not paying off lien holders on trade in's, as well as a host of other unscrupulous business transactions. There are now class action suits being filed because of all this.

As much as it sucks, you will probably need to consult with an attorney to determine specifically what you can do to alleviate this, and keep your credit rating clean.

I hope in the end it all works out to your benefit.
 
skidmark racing

skidmark racing

Active Member
I hate to sound like a lawyer, but if Honda Finance was not a party to the transaction with the dealer, it is not bound by the bill of sale absent some state law to the contrary. You are responsible to Honda, the dealer is responsible to you. Your promise to pay Honda is independant of ownership of the bike, so even if the dealer took title (or allowed the title to remain "open"), you owe Honda until the note is satisfied.
Many states require motor vehicle dealers to post a bond in order to have a dealer's license. Florida, for example, requires it. The purpose of the bond is to provide a fund to pay claims to consumers victimized by unscrupulous dealers. Check with the Department of Finance, Consumer Affairs, Motor vehicles or similar agency to see if the dealer posted a bond. Check with agencies of both states...SC may require a bond for out of state dealers to conduct business in SC. If so, file a claim, which is similar to filing an insurance claim.
Who should I send my bill to?
 
J

JennJenn

Member
Honda needs to take it up with the company you sold the bike to. You have the bill of sale. I would send them a certified copy of that. Not your problem that they went out of business. That's what they have attorney's for.
 
mcgroom

mcgroom

Well-Known Member
I live in the C-Bus area.

Skunkworkz is only the Auth. Service Center rep for BDM. They did not take over the business.

My first call would be to BDM. If they made the decision to close the dealer or if they were owed money, then they would have taken the appropriate action to not only pick up their inventory but also to lock everything else up that they could until their notes were taken care of.

They may have your bike or know where it might be.

Let me know if there is anything you need me to do. More than happy to help out if I can.

Just let me know.

Mick
 
marinecorpsmike

marinecorpsmike

Active Member
skidmark racing said:
I hate to sound like a lawyer, but if Honda Finance was not a party to the transaction with the dealer, it is not bound by the bill of sale absent some state law to the contrary. You are responsible to Honda, the dealer is responsible to you. Your promise to pay Honda is independant of ownership of the bike, so even if the dealer took title (or allowed the title to remain "open"), you owe Honda until the note is satisfied.
Many states require motor vehicle dealers to post a bond in order to have a dealer's license. Florida, for example, requires it. The purpose of the bond is to provide a fund to pay claims to consumers victimized by unscrupulous dealers. Check with the Department of Finance, Consumer Affairs, Motor vehicles or similar agency to see if the dealer posted a bond. Check with agencies of both states...SC may require a bond for out of state dealers to conduct business in SC. If so, file a claim, which is similar to filing an insurance claim.
Who should I send my bill to?
Click to expand...
I hate to sound like a lawyer also but since I am one I'll add that Skidmark's analysis is pretty accurate. The issue with Honda is not ownership of the bike, it's about the debt due on the note. Your obligation to Honda is set forth on the agreement you signed when you financed the bike. As a general rule you cannot change that obligation unilaterally. This kind of thing happens all the time, usually with fly-by-night car dealers but sometimes with major dealers also. BD Columbus owes you the payoff amount and you may have some recourse against whatever assets they have remaining but I would do as Skidmark suggested and contact the appropriate state agency that controls motor vehicle dealers to find out if there is a fund set up for people like you. Start with the Ohio Attorney General's office and go from there.
 
Michaelb

Michaelb

Member
Thanks skidmark, If your comments work and I don't have to pay, I will be sending you a gift thats for sure.
 
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