#1 Update By Author
AUTHOR: Joshua - Santa Ana (U.S.A.)
SUBMITTED: Monday, February 05, 2007
POSTED: Monday, February 05, 2007
The following is a response and rebuttal between Ethan Smith, Mgr. of I-5 Motors and Josh Flores of the US ARMY whose car was sold by I-5 and defrauded him out of his proceeds.
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ETHAN, I AM WRITING YOU BACK AND ANSWERING YOUR QUESTIONS WHERE YOU WROTE AND MY ANSWERS ARE IN PARENTHESIS AND THE COLOR BLUE.
JOSH
"Mr. E" wrote:
Josh,
Ethan: The emails I have been receiving sadden me. You have never contacted me directly with this complaint nor given me the opportunity to correct this.
JOSH:(YOU KNEW I WAS TO BE DEPLOYED AND WOULD BE ALMOST IMPOSSIBLE TO GET A HOLD OF. I LEFT MY DAD POWER OF ATTORNEY AS ANY SOLDIER DOES IN THE TIME OF DEPLOYMENT AND OUR FAMILY ATTORNEY MIKE MATTINGLY HAS FULL LEGAL AUTHORITY TO ACT ON MY BEHALF TO)
Ethan: I know you had some conversations with Patrick, but the first I heard about this was with your father (with whom, I was and am unable to discuss you transaction with; bound by the privacy act) and then his attorney.
JOSH: (YOU KNOW LIKE ME ETHAN MY DAD HAD LEGAL AUTHORITY TO CALL YOU AND HANDLE MY PERSONAL MATTERS. PATRICK WAS THE ONE WHO DID THE CONTRACT AND YOU DROVE MY CAR, YOU KNEW IT WAS A HOT CAR AND ALL THE MONEY I HAD INVESTED IN THAT CAR)
Ethan: I understand your position and that you feel mislead, but beginning a slander campaign against this dealership without a reasonable attempt at compromise is not something the Josh that I met would do.
JOSH:(IF YOU UNDERSTOOD MY POSITION ETHAN YOU WOULD HAVE PAID ME ON THE SALE OF MY CAR IN SEPTEMBER AND NOT HAVE STOLEN MY MONEY. WEBTSTERS DICTIONARY DEFINES "SLANDER" AS 1. defamation; calumny: rumors full of slander. 2. a malicious, false, and defamatory statement or report: a slander against his good name. I NEVER LIED OR MADE FALSE STATEMENTS ABOUT YOUR COMPANY. I SIMPLY TOLD THE TRUTH AND HAVE GIVEN COPIES OF THE CONTRACT THAT PATRICK HAD ME SIGN TO THE JAGS OFFICE AND TO THE NEWPAPERS, AND I WAS STUPID TO SIGN THAT CONTRACT AND NOT READ IT CAREFULY, BUT I DID SIGN IT AND REGRET IT VERY MUCH. BUT PATRICK SAT THERE AND REASSURED ME MANY TIMES THAT BY WRITING $28000 IN THAT BOX WAS BECAUSE THAT AMOUNT NEEDED TO BE THERE TO MAKE SURE THE CAR WAS PAID OFF. I DIDNT KNOW HOW MUCH THE PAYOFF WAS ON MY CAR, AND I TOLD ALL OF YOU THAT. SO PLEASE DON'T MAKE IT APPEAR I AM CONDUCTION A SLANDER CAMPAIGN AGAINST YOU, I AM A UNITED STATES SOLDIER AND DEPLOYED OVER SEAS.)
Ethan: I would like for you to send me a link to whatever these people are reading. I think that is fair since you feel it necessary to post my email on it.
JOSH: (MY DAD IS BACK FROM HIS ASSIGNMENT AND HOME FOR THE NEXT TWO MONTHS, HE WILL BE CONTACTING YOU ON MY BEHALF. MY DAD IS WELL KNOWN IN THE MEDIA AND IF YOU KNEW MY DAD WE WOULDN'T BE HAVING THIS CONVERSATION, HE IS NOW WORKING ON GETTING MY MONEY BACK FROM YOUR COMPANY WITH OUR ATTORNEY, BUT ITS THE PRINCIPLE OF THE MATTER THAT YOUR COMPANY LIED AND YOU GUYS KNOW OUR ATTORNEY WANTED TO DO THIS PEACEFULLY, BUT YOU GUYS REFUSED TO CONTACT HIM AND WORK THIS OUT BY IGNORING HIM AND HIS ATTEMPTS TO RESOLVE THIS FOR ME WHILE IM OVER SEA. I AM FOLLOWING THE CHAIN OF COMMAND LIKE ANY SOLDIER WOULD, SO ITS MY MISTAKE OF ALLOWING I-5 TO HELP ME WHEN THEY REALLY MEANT TO HURT ME BECAUSE I WAS DEPLOYING OVER SEAS AND NOT PAY ME ON MY CAR. ETHAN YOU KNOW I WOULD NEVER GIVE MY CAR AWAY! PATRICK SAID YOU WOULD CHARGE ME $2000 TO SELL MY CAR ON CONSIGNMENT AND THE REST WOULD BE MINE. YOUR ATTORNEY CALLED MY ATTORNEY MIKE MATTINGLY AND OFFERED $1000. I KNOW I MADE A STUPID MISTAKE BY ACTUALLY TRUSTING PATRICK WITH THAT CONTRACT BUT IM NOT GOING TO ACCEPT ANYTHING LESS THAN WHAT IS OWED TO ME, AND THEN MY ATTORNEY COUNTERED WITH $5000 AND YOU ALL IGNORED HIM EVER SINCE., BUT THEN MY DAD'S PEOPLE FOUND OUT YOU SOLD MY CAR FOR $39000 AND ARE REFUSING TO GIVE ME MY $9000 LESS YOUR COMMISSION. SINCE YOU HAVE REFUSED TO CONTACT MY ATTORNEY MY DAD IS CONDUCTING THE CAMPANE WITH THE MEDIA AND MILITARY BASES WHO ARE SCHEDULED TO PICKET 1-5, BUT MY DAD IS GOING TO TACOMA TO MEET WITH YOU FIRST TO SEE IF HE CAN GET MY MONEY BEFORE THE JAG OFFICE AND NEWS STARTS. MY DAD HAS MY LEGAL POWER OF ATTORNEY ISSUED THROUGH JAG AND HE WILL CALL BEFORE COMING OVER. PER YOUR REQUEST I AM SENDING YOU THE LINK ripoffreport.com/reports/ripoff234137.htm I DON'T KNOW THE RADIO STATION THAT IS AIRING MY CASE, BUT I AM NOT GIVING OUT YOUR EMAIL ADDRESS ETHAN, THE RADIO STATION AND MILITARY AND GENERAL PUBLIC ARE EITHER CALLING INTO YOUR OFFICE OR GETTING IT FROM THE WEBSITE)
Ethan: I am also very perplexed at how this transaction has anything to do with you being deployed. The people emailing me are under the impression that you were taken advantage of because you were leaving the country.
JOSH: (THAT IS THE TRUTH! YOU AND PATRICK KNEW I WAS LEAVING THE DAY AFTER LEAVING MY CAR OFF AT YOUR PLACE)
Ethan: Were you out of the country when the car sold? It was stated at one point you had been in to the store to talk to Patrick after the sale??
JOSH: (YOU KNOW I WAS IN THE STORE TO SIGN YOUR CONTRACT AND KNEW I WAS DEPLOYING THE DAY AFTER!)
Ethan: I hope you understand you are in a position to begin a discussion to resolve this, however, the approach your father and attorney have taken is not conducive to a speedy resolution.
JOSH: (ETHAN, HOW AM I IN A POSITION TO RESOLVE THIS ISSUE WITH YOUR COMPANY IF I AM OVER SEAS AND ON ASSIGNMENT? I BARELY HAVE TIME TO RECEIVE EMAILS WHEN IN THE FIELD. MY DAD CALLED YOU AND YOU REFUSED TO TALK TO HIM, MY ATTORNEY MIKE MATTINGLY CALLED YOU AND YOU BLEW HIM OFF, AND SIX MONTHS OF LAYING OUT A PAPER TRAIL IS NOT SPEEDY. IF YOU HAD ANY INTENTIONS OF RESOLVING THIS ISSUE YOU WOULD HAVE ALREADY DONE SO. THE APPROACH MY DAD IS TAKING IS A PEACEFUL ONE, YOU WILL KNOW MY DAD SOON ENOUGH. MY ATTORNEY HAS NEVER THREATENED YOU, HE SENT YOU EMAILS AND CALLED YOU VERY NICE, BUT WHEN YOU IGNORE THEM YOU ARE SAYING YOU DON'T CARE!)
Ethan: It is also important you know that although the contract has been found by the Attorney General's office to be in compliance, I am willing to discuss settlement with you.
JOSH: (THE CONTRACT PATRICK HAD ME SIGN MAYBE A LEGAL CONTRACT I AGREE, BUT HE TOLD ME TO PUT $28000 IN THE BOX TO MAKE SURE THE CAR WAS PAID OFF, AND THE WASHINGTON ATTORNEY GENERALS OFFICE AS WELL AS JAG BOTH AGREE, BUT THEY DO AGREE I DIDN'T GIVE MY CAR AWAY TO YOU AND THAT YOU SHOULD HAVE NOTICED THE CONTRACT WAS ALREADY IN ERROR AS A MANAGER. SINCE YOU ARE THE PROFESSIONALS AND DEAL WITH CONTRACTS EVERYDAY, YOU AS MANAGER SHOULD HAVE KNOWN THAT THAT WAS A MISTAKE AND YOU SHOULD HAVE CLEARED IT UP BY ASKING ME, YOU KNOW I WOULD NEVER HAND OVER MY CAR FOR FREE!!! I PUT $20000 DOWN PAYMENT ON MY CAR AND $5000 FOR EXTRA RACING ENHANCEMENTS FOR THE MAGAZINE SHOOTS UP IN BOTHELL. THE CAR DID NOT HAVE A CHIP AND WAS A FULL EUROPEAN RACER, YOU DROVE THE CAR ETHAN, YOU CAME BACK AND SAID THE CAR WAS AWESOME AND BUILT FOR RACING. THE PEOPLE IN THE NEWS AND WHO ARE HEARING ABOUT WHAT YOU DID TO ME IS MAKING UP THEIR OWN MIND ETHAN, MORE SO, MY COMMRADES HAVE A SAYING IN THE MILITARY, "NEVER LEAVE A FALLEN SOLDIER BEHIND." THIS IS WHY EVERYONE WANTS TO JOIN IN THE DEMONSTRATIONS THAT WILL TAKE PLACE DAY TO DAY UNTIL MY MONEY IS RETURNED, I AM OVERSEA AND CANNOT DEFEND MYSELF TO 1-5 MOTORS.)
Ethan: I know that you, your father, and the lawyer are all used to dealing with "typical" car dealers. We (and I) am not that way. This does effect us personally as a family owned dealership.
JOSH: (MY DAD WAS A STATE AID TO GOVERNER LOCKE FOR YEARS AND WE LIVED IN TACOMA, HE HAS WORKED FOR MAYOR RUDY JULIANI, SO MY DAD KNOWS HIS STUFF AND KNOWS HOW TO DEAL WITH PEOPLE AND IS AN AWESOME DAD, HE WON'T GET RIPPED OFF SO HE DOESN'T DEAL WITH CAR DEALERS WHO STEAL FROM HIM, AND OUR FAMILY ATTORNEY IS A VERY WELL KNOWN ATTORNEY IN CALIFORNIA AND TOP DOG! IF YOU CARED ABOUT YOUR FAMILY BUSINESS YOU WOULD HAVE NEVER KEPT MY MONEY AND SPOKEN SO BADLY TO MY DAD AND MIKE MATTINGLY, YOU WOULD HAVE PAID ME MY MONEY. MY DAD HAD TO PULL TEETH OVER THE PHONE JUST TO GET YOUR COMPANY TO GIVE ME THE OVERAGE ON MY PAYOFF OF $500 WHICH YOU WERE REFUSING TO DEPOSIT INTO MY ACOUNT EVEN AFTER SELLING MY CAR TWO MONTHS EARLIER, SO YOU THOUGHT SINCE I WAS DEPLOYED YOU WOULD NEVER HEAR FROM ME. NOW THAT YOU HAVE WRONGED A UNITED STATES SOLDIER YOU HAVE TO DEAL WITH THE ENTIRE MILITARY FAMILY, AND JUST LIKE THE REPORTER AT KIRO NEWS TOLD MY DAD, THAT WASN'T A WISE THING TO DO TO A SOLDIER DEPLOYED OVERSEAS FIGHTING A WAR, THE SOLDIERS PICKETING I-5 WILL GAIN A LOT OF MEDIA PUBLICITY, AND I ASSURE YOU, MY DAD IS COMING TO TACOMA. I DON'T KNOW WHICH RADIO SHOWS MY DAD IS DOING, BUT TWO AIRED OVER THE WEEKEND WITH MORE TO COME ON AM RADIO IN PUGET SOUND. PLEASE EXPECT THE FT. LEWIS JAGS OFFICE TO CONTACT YOU SHORTLY, I HAVE FILED A SUIT OVERSEAS THAT TAKES A WHILE TO REACH FT. LEWIS, YOUR ATTORNEY KNOWS THE PROCEDURE FOR JAG.)
Ethan: I am not quite sure what it is you hope to gain by this malice, but it will not be better than just picking up the phone and calling me. I cannot of course give you my cell number because of the misuse you have demonstrated with my email, but, if you announce yourself to the receptionist, I will take your call and discuss this.
JOSH: (ETHAN, I'M SHOCKED YOU USE WORDS LIKE MALICE AND SLANDER, I ALREADY TOLD YOU PREVIOUSLY THAT MY CASE IS NEITHER SLANDER AND IM NOT USING MALICE, IT MEANS TO INFLICT PAIN AND INJURY, DIDN'T YOU INFLICT PAIN AND MISERY ON ME AND MY WIFE AND DAUGHTER WHEN YOU STOLE MY $9000 TO MY CAR? I CAN'T PICK UP A PHONE AND CALL YOU! I ASKED MY DAD AND ATTORNEY TO WORK THIS OUT FOR ME WHILE IN AFGHANASTAN, AND THE NEWS PEOPLE AGREED AS WELL AS THE AUDIENCE THAT YOU INFLICTED INJURY BY CAUSING ME AND MY FAMILY TO BE WITHOUT OUR CAR! MY WIFE IS IN GERMANY AND USES THE BUS TO GO BUY GROCERIES AND CARRIES OUR DAUGHTER IN ONE ARM WHILE CARRYING GROCERIES IN THE OTHER, SHORT OF US PURCHASING A STROLLER, SHE USES IT NOW TO CARRY A BAG OR TWO BUT STILL HAS TO PUSH THE STROLLER WITH ONE ARM AND CARRYING GROCERIES. DO YOU KNOW WHAT ITS LIKE ETHAN TO WALK IN 20 DEGREE WEATHER TO GO BUY GROCERIES WITHOUT A CAR?! THE MONEY YOU OWE ME WILL BE USED TO BUY OUR CAR.)
Ethan: I hope you demonstrate a fair attitude and take me up on the offer to discuss this. Neither of us wants this to get out of hand.
JOSH:(ETHAN, MY DAD CALLED YOU TO WORK THIS OUT AND YOU TOLD HIM I WAS NAIEVE ENOUGH TO SIGN THE CONTRACT AND YOU TOLD HIM YOU WERE NOT GOING TO WORK WITH ME, NOW THAT THE MEDIA IS PICKING UP THE STORY AND THE MILITARY IS GOING TO BEGIN PICKETING YOUR BUSINESS YOU WANT TO WORK THIS OUT? OKAY, MY DAD WILL CALL YOU THIS WEEK AND I HOPE YOU TALK TO HIM, MAYBE YOU TO CAN COME TO AN AGREEMENT, BUT REMEMBER, YOU GUYS IGNORED HIM AND MY ATTORNEY.)
Ethan: Your actions are leading us in that direction. I have called off our lawyer since the AG did the investigation and did not site us for the amount you were paid. Your lawyer has made no attempt to contact me since that has happened to resolve this matter.
JOSH: (THAT IS NOT TRUE ETHAN!!! MY ATTORNEY MADE MANY ATTEMPTS TO CONTACT YOU AND YOU GUYS BLEW HIM OFF!! IT DOESN'T MATTER WHAT THE ATTORNEY GENERALS OFFICE SAID, PEOPLE MAKE MISTAKES ALL DAY IN SIGNING CONTRACTS, BUT YOU AS MANAGER KNEW PATRICK WAS MISLEADING ME, AND YOU AND YOUR FAMILY OWNED BUSINESS OF I-5 ARE COVERING IT UP, WE BOTH KNOW PUBLIC OPINION AND THE NEWS COVERAGE OF THE PICKETING BY MILITARY PERSONNEL AT I-5 WONT MATTER TO THE ATTORNEY GENERAL, EVERYONE WILL KNOW THAT I-5 MOTORS INTENTIONS WAS TO HURT A UNITED STATES SOLDIER.)
Ethan: p.s. I am attempting to respond to each email that is sent to me from your friends. I thought you should have a copy of what I am sending.
JOSH: (MY DAD HAS THE COPY OF YOUR LETTER AND WILL HAVE MY REBUTTAL WHICH WILL BE GIVEN TO THE MEDIA AND GIVEN OUT AT THE PROTEST AT YOUR PLACE OF BUSINESS, BUT LIKE I SAID, I AM WILLING TO ACCEPT MY MONEY FOR MY CAR ETHAN, AND WHEN I GET BACK TO TACOMA AT THE END OF THIS YEAR I WILL MAKE SURE NO US MILITARY EVER DOES BUSINESS WITH I-5, YOU HAVE MISTREATED ME AND MY FAMILY AND HAVE STOLEN WHAT BELONGS TO ME. YOU THOUGHT YOU WERE DEALING WITH ANOTHER STUPID SOLDIER, BUT YOU PICKED ON THE WRONG ONE, YOU NEVER HURT A MEMBER OF THE MILITARY WHO IS PUTTING HIS LIFE ON THE LINE FOR YOUR FREEDOM TO KEEP YOUR BUSINESS OPEN AND SELL CARS.)
SINCERELY JOSH, PFC US ARMY
PLEASE DIRECT ALL CORRESPONDENCE TO ----
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SENT FROM I-5 MOTORS:
To Whom It May Concern,
Mr. Josh entered into a contract with I5 Motors and that contract has been fulfilled legally. Furthermore, Josh has not given I5 Motors reasonable opportunity to resolve this matter. He has chosen to use his attorney to contact us instead of resolving this matter directly. It is unfortunate, but, Mr. Josh choice to allow his attorney to speak on his behalf has
prolonged this process; the original complaint I discussed with his father and options for a resolution have changed. Please do not use this email address for correspondence because I am powerless to change the path Josh has chosen to resolve this issue. Please email Josh and encourage him to contact me directly so that we can come to a resolution.
I personally have friends that have served in this war. To assume that I am somehow motivated to take advantage of Josh because of that fact is ignorant. I5 Motors is a family owned organization and has a great reputation for providing excellent service to its clients. I consider this matter to be an unfortunate, but not unfixable, misunderstanding. I would gladly take a phone call from Josh at anytime.
Why file a report here? Ripoff Report is a permanent record! Other complaint sites copy our content then remove reports for money.
