Problem Getting Deposit From Smythe Mercedes

I made a deposit of $500 in 97/98 with Smythe Mercedes, which is the San
Jose area on Steven's Creek Boulevard. (I had thought of getting an ML, but
decided against it later.)

I started calling them around 2001/2002 about getting back my deposit, but
got no action. The fellow I dealt with, Rich McLeod, has since left.

Recently, I decided I had to go in there. I went in there, filled out a page
of paper giving my current address, and a few days later I was told my check
was in the mail.

Went in there around July and spoke to a Trey (Friedman?) who I had spoke
with on the phone previously and had gotten a lot of encouragement but no
action. This time I made the mistake of telling him I planned to leave town
due to job issues.

A few weeks later I called and spoke with a Paul Aruba, who I believe is the
manager of sales. He had me speak with his assistant, who claimed that she
had sent a check to the old (work) address, that preceded the new address
info I had given them, but would send one to the correct address.

That was a couple of months ago. Still no check.

Any ideas what I should do next?

Thanks for any suggestions,

Gerard Gold

(408) 996-0338



P.O.B. 2584
Cupertino, CA 95015

 

Forget about the salesmen, they aren't paid to solve your problems.
They'll tell you anything.

Call the county's consumer assistance office.

Some years ago I bought a used Porsche 928 there. They took my money
quick enough but then couldn't deliver its title - for months. I finally
called the (then) owner, Mr. Smythe, and things were resolved a few
weeks later.

The dealership is now owned by one of the mega-dealer chains.

 

Tell them they have 5 business days to get a check to you or you will
file a complaint with the DMV. Most DMV offices have an enforcement
division. It is usually hidden in the back or upstairs but anyone can
direct you there.
A number of years ago I made deposit with a Honda dealer with a set
date for delivery (the day after the next ship was arriving). Another
Honda dealer that I had visited called me to ask if I had made a
purchase yet. When I told him the details he said that the next ship was
not due until two days after I was supposed to get my car. When i
determined this was true and found a better and more immediate deal from
this dealer I called the first place to cancel the deal.
Promises and excuses followed. the sales rep who sold me my car made
the DMV suggestion. Two days after I filed the complaint a refund arrived.

 

It's easy to get a refund you are intitled to.
Go in and ask for the manager. Tell his the story, and then say I feel you
should assist me in getting my refund. When they say "We will get you a
check cut right away" say thenks and then find yourself a chair and sit in
the middle of the show room and say "Thanks, I will wait". You will surely
get your check very quickly. By the way if anyone ask why you are sitting
in the middle of the show room, tell them. That will speed up the process
for sure.

Paul McKechnie
84 500SEL

 

A friend did something similar while having trouble get a minor
problem fixed on a new car. He took the car to the service department,
told them them he would wait in the showroom and to page him when it was
ready. He got very prompt service.

 

Get a clue. Anyone who leaves a deposit and then doesn't even try to
get it back for 3-4 years, needs to acquire some common sense. I'd
chalk it up to experience and move on.


Matt

 

Contact state consumer affair office...Take them to small claim court.

 

....and if it doesn't, retreat and return with reinforcements. These
reinforcements should take the form of three or four young children of
approximately 4 to 7 years old, whom you have borrowed from friends. Pick
up the kids, then swing by 7-Eleven and load 'em up with caffeinated soda
and lots of candy, *then* head over to the dealer, turn the kids loose in
the showroom and return to your chair to wait for the check.

 

That's pretty funny. Thanks.

I may use it as a back up.

Gerard

 

Thanks to you and every one else for their suggestions. The dealership did
tell me I was entitled to a return of the deposit, so I will pursue it.


Gerard

 

As someone that has 3 four year old kids of my own, I can attest that
having them around gets results. If they get wild in a resturant, you
wouldn't believe how fast they can cook food and have it on your table,
or have the check to you. You aren't waiting any 20 minutes for your
Kung Pao Chicken, that's for sure. I might try bringing them with me
the next time I go to buy a car...

 

True, but I like my chicken cooked before I eat it!


Matt

 

I just called the manager, Paul Aruba, about the deposit refund check. He
said he would talk to his admin/secretary again to follow up on the status
of the check, and I would be "welcome to pick it up here." ("Here" meaning
Smythe Mercedes). I'm holding my breath.

 

It amazes me no one has asked the most basic questions. Like:

1 - What was the agreement at the time the deposit was given?

2 - Was anything put into writing and signed? If so, what does it say
about the deposit?

3 - How was the deposit paid for? Check?

All of these are very important in determining if you're entitled to
the deposit back and whether you can prove you paid one. If the facts
are on your side, I suggest small claims court.

 

Paul Aruba's (the sales manager at Smythe) assistant - Dee Griffin - called
me yesterday & said she had sent out the check a long time ago. When I said
she couldn't possibly have a canceled check, since I had never received one
she said she would verify this, and then said it was still outstanding,
i.e., uncashed. Obviously, since I never received it at either my old or
current addresses.

I told her to put a stop on the check, and I would pick it up at the
dealership Monday or Tuesday next week. So it looks like it's finally going
to work out, two years after I started leaving voice mails requesting a
refund.

Anyway, I'll only be sure when I actually get it.

Gerard

 

Do you see a little problem in the fact that you allowed it to drag
on for two years.

 

Heh - you got to watch out for that stuff. Some states have unclaimed funds
laws and if they send out a check and you never cash it, after 5 years the
payment reverts to the state.

Ted