Toothills Inc DBA Sunset Auto Exchange 1828 N Washington Blvd Sarasota FL 34234-7525Complaint Description:I purchased a 2004 Suzuki XL7 form the above named company on November 21st 2011, for $15391.97. On November 21st, 2011, I traded in a 2003 Dodge Durango for a down payment and I also gave them an additional $200.00, which in all the total for the down payment was $2200.00. I agreed to pay them the reminder of the down payment balance of $800.00 with in two weeks. December 7th, 2011 came and that was the date I was suppose to pay them a car payment of $200.00 as well as the balance of the down payment of $800.00. I went to Sunset Auto Exchange and spoke with Casey regarding the down payment and stated to him that I didn't have the whole balance but if they could I would be willing to pay additional payments everytime I come in and pay my car payment which is every two weeks. Casey stated that he needed to contact the owner of the company who's name is Andy and speak to him regarding the matter. Casey then picked up the phone and called Andy, Casey explained to Andy that I was there at the car lot and was wondering if it would be okay if i paid them $60.00 towards the down payment, Andy stated that it would be fine and that I needed to try to pay them more as soon as possible. I made a car payment of $200.00 as well as $60.00 dollars on the 7th of December and drove away. On December 14th, 2011 I went to the store with my children to pick up a few things, we where in the store for about an hour and when we came out of the store my car was gone. I called Casey and was asking him what I needed to do, because I think someone stole my car. Casey stated to me that no one stole the car, they came and got the car due to the balance owed for the down payment. I tried to ask Casey if there was anything I can do to get my car back and he stated that I needed to bring in $1000.00 and they would return the car to me. I told him that there was no way I could get that amount of money and would like to know if there was a another way. I also told Casey that I am willing to pay an extra amount every two weeks with my car payment in order to pay off the down payment balance. Casey stated that he needed to speak with Andy the owner of the company and that he will give me a call back. Casey called me back in about 30 minutes and stated that Andy said no that the only way I was to get my car back would be to bring in the balance of the down payment as well as the fees for the towing of the car. At that time I stated to Casey that was not possible, and that I would see what else I can do and hung up the phone. I made a few phone calls and I managed to get $440.00 gathered, so I called Casey and asked him if I brought in the $440.00 dollars would they give me may car back. Casey stated that he can only take what is owed and that was $1000.00. I said well that is all I can do and hung up the phone. My fiance went up to Sunset Auto Exchange on December 14th, 2011 and spoke with Andy and asked him what we needed to do to get the car back and Andy stated that I needed to pay the balance owed of $990.00 dollars to get my car back. I called Casey again on December 19th, 2011 and asked him if he can fax me over an invoice with the amount owed for the down payment as well as an invoice for the towing fees so that I could take care of it. Casey stated to me that I now owed $1300.00 for the down payment, tows fees and the monthly car payment, I asked Casey to fax me an invoice with the detailed breakdown so I could take care of all that is owed, Casey told me that he will not fax me anything but he could just tell me what I owed over the phone. I asked Casey why that was and he stated that they don't have one. At that timed I stated to Casey that if he went into a place and bought something for $1300.00 and the person he dealt with told him that he couldn't have a invoice, what would he do. Casey stated again all he can do is tell me over the phone the balance owed. I said no thank you and hung up the phone. I then called the tow company that towed the car and spoke with John at Absolute Recovery and asked him if he could fax me a copy of the invoice for the tow and he stated that he would and to give him an hour to get back in the office, I told him that I would call him back. I called back in an hour and John gave me his email address and stated that if I email him my email address he would have someone in the office email the invoice, this all happened on December 19th, 2011. I have yet to get an invoice from either company and I have made sereval attempts to contact John with Absolute Recovery with no results. So what is the amount I owe ($990.00, $1000.00 or $1300.00) because I don't know and no one will give me an invoice with the break down on it. It also states on the back of the contract that both myself and Casey signed that they have to send me a notice of how much money I owe, this is under the remedies section on the back of the contract. I checked out there website on January 17th , 2011 and noticed that not only does Andy have my 2003 Dodge Durango for sale and asking $5990.00 for it , he also put the 2004 Suzuki XL7 back up for sale. The contract that myself and Casey signed also states that if at anytime Sunset Auto Exchange sells the 2004 Suzuki XL7 they have to contact me in writing before the sell of the car, I also have until the sell of the 2004 Suzuki to redeem all rights to the 2004 Suzuki XL7.Well all will see how this goes, truth be told I don't see them following any of terms on the contract since they haven't done so yet.
Your Desired Resolution: Refund of Down payment for $2260.00 or return my 2003 Dodge Durango
