Ballester v. VW Credit, Inc. – Overcharge of Lease Payoff?
In the case of Ballester v. VW Credit Inc., the Ballesters allege Romero Hyundai in Ontario, California, induced them into trading in their 2018 Volkswagen Jetta, which they leased through VW Credit, for a new 2020 Hyundai Tucson before the end of their lease term by representing they would only be liable for the outstanding lease payments and the residual (i.e., the amount needed to exercise their option under the VW Lease to purchase the Jetta). They allege Romero Hyundai then demanded an additional sum from them when VW Credit demanded more than that permitted under the VW Lease. They allege, according to Romero Hyundai, VW Credit charges more than just the residual value of a vehicle when the customer trades in the vehicle as opposed to returning it to VW Credit or keeping it for themselves. They claim Romero Hyundai represented it is not the first time VW Credit has done this and it is not the first time Romero Hyundai sought collection of the added amount from its customers.
The Ballesters allege nothing in the VW Lease permits VW Credit to do this, and they further allege nothing in the Hyundai Lease allowed Romero Hyundai to demand reimbursement of the additional charge assessed by VW Credit. They claim VW Credit and Romero Hyundai willfully and knowingly committed a number of violations of the Rosenthal Fair Debt Collections Practice Act. On this basis, they seek punitive damages between $100 and $1,000 per violation under Civil Code section 1788.30(b).
If you traded in a leased vehicle (whether VW Credit or otherwise) and were charged an amount exceeding the sum of any outstanding lease payments and the residual identified in your lease contract, contact Auto Fraud Legal Center’s Auto Fraud Legal Center TODAY for a COMPLIMENTARY evaluation of your rights.