- Report: #921518
Complaint Review: Barrett Motors
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| Barrett Motors 2300 Lakeview Parkway
Rowlett, Texas United States of America |
|
Barrett Motors Dave, Blanca Fraud, Deception, FDCPA Rowlett, Texas
*REBUTTAL Owner of company: Correction
*Author of original report: Correction to Mr. Barrett's Claim
*REBUTTAL Owner of company: Case Dropped
*Author of original report: read
*Consumer Comment: OP is still wrong
*Author of original report: Clearing the Confusion
*Consumer Comment: They Think We Are Stupid Here
*Author of original report: State Laws of Texas
*Consumer Comment: FDCPA
*Author of original report: Correct
*Consumer Comment: Wrong!
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sign a contract for a vehicle, they have continually abused the FDCPA, notified them in writing, only written communication will be accepted, and to not call friends/relatives, or my employer. Wasn't even behind, plates came in, they called friends/relatives and employer, when they had a decease and decist letter in hand, 4 days after contract was signed. I prefer having written communications bill wise, as I like having a paper trail. Due to some health problems, I fell behind with only 7 months left on the contract, and during the time I was hospitalized, They called my employer, make it 4 calls in one day, causing me to loose my job, actually have a letter from my employer stating due to the continual violation of policy and my creditors, more specifically Barrett Motors refusing to accept the do not call at work letter, they have to let me go. The same day they called me 5 different times, and Blanca says, well I didn't leave a voicemail so it doesn't matter, I can call as much as I want. A few days later called me 18 times, then the next 12 times. Then upon me pointing this out and telling them its a violation, their repo group, calls pretending to be a investigator with the theft and fraud division in Dallas county, threatening criminal action. I don't care how long they have been in business, but the way they have treated me, my friends, and family is unacceptable. Now that they have reposed the vehicle, with a balance of $4000 on the account, guess its time to get a lawyer involved because NO one at the dealership will take calls. Thank god the FDCPA states, up to $1000.00 per violation. Each phone call is a violation, and I am looking at a total of 48 calls in 4 months. If I wanted to push the issue, I could go all the way back to the begining of the contract, from the date of the letter forward, and show each phone call, was in violation of the Cease Contact via Phone letter. probably over 150 -200 calls there. at $1000.00 a piece. And this is how they do business, and stay open 25 years, because everyone is scared, or not smart enough to realize they can't do business this way.
This report was posted on Ripoff Report on 08/02/2012 12:38 PM and is a permanent record located here: http://www.ripoffreport.com/r/Barrett-Motors/-Rowlett-Texas-75088/Barrett-Motors-Dave-Blanca-Fraud-Deception-FDCPA-Rowlett-Texas-921518. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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Search Tips#1 REBUTTAL Owner of company
Correction
AUTHOR: Steve barrett - ()
SUBMITTED: Thursday, April 25, 2013
Casey,
The case that was filed by the original poster (David T.) was a suit against our company that has been dropped. You act as if you are a party to it. I hope that you do not have my company, Barrett Motors, Inc. of Rowlett, TX mixed up with another company (do a search and you will find another company that shares a similar name to ours that has had numerous complaints against it and has been highlighted on local news. If you would like to provide me with your e-mail address, I will be happy to scan and send you a copy of the drop order that was filed by the original poster....on one condition...that once I send it to you, you reply to this thread and acknowledge that I have spoken the truth.
Barrett Motors, Inc. has never been found guilty in a court of law of any wrong doing, has never been under investigation by any governing body, has an A rating with the Better Business Bureau, has served on the Board of Directors for the Dallas County Auto Dealers Association and has twice been named one of America's Top 50 Used Auto Dealers by Auto Dealer Magazine. I truly think that you have mistaken us for someone else. Please check your facts and be kind enough to set the record straight once you have.
If you would like to discuss the matter, please feel free to call me at my office or send me an e-mail. Like I said, if you will agree to retract your statements publicly, I will gladly scan and send you a copy of the petition from the original poster to drop suit.
Steve Barrett
972-475-1080 x 118
stephen@barrettmotors.com
The case that was filed by the original poster (David T.) was a suit against our company that has been dropped. You act as if you are a party to it. I hope that you do not have my company, Barrett Motors, Inc. of Rowlett, TX mixed up with another company (do a search and you will find another company that shares a similar name to ours that has had numerous complaints against it and has been highlighted on local news. If you would like to provide me with your e-mail address, I will be happy to scan and send you a copy of the drop order that was filed by the original poster....on one condition...that once I send it to you, you reply to this thread and acknowledge that I have spoken the truth.
Barrett Motors, Inc. has never been found guilty in a court of law of any wrong doing, has never been under investigation by any governing body, has an A rating with the Better Business Bureau, has served on the Board of Directors for the Dallas County Auto Dealers Association and has twice been named one of America's Top 50 Used Auto Dealers by Auto Dealer Magazine. I truly think that you have mistaken us for someone else. Please check your facts and be kind enough to set the record straight once you have.
If you would like to discuss the matter, please feel free to call me at my office or send me an e-mail. Like I said, if you will agree to retract your statements publicly, I will gladly scan and send you a copy of the petition from the original poster to drop suit.
Steve Barrett
972-475-1080 x 118
stephen@barrettmotors.com
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What's this? #2 Author of original report
Correction to Mr. Barrett's Claim
AUTHOR: Casey - ()
SUBMITTED: Thursday, April 25, 2013
Over 30 years of doing business and never once found of wrong doing is a gross and false statement. He has been to court more times than any other buy here pay here dealer, in the Dallas Fort Worth Area, and is facing a review by the Texas Consumer Credit Commission, Texas Department of Motor Vehicles, The Dallas County District Attorney, and is the cause of several bills being brought before the Texas Legislature. The case was continued not dropped, because Mr. Barrett and his associates are facing criminal charges for impersonation of a police officer, fraud and several other charges.
The case was ordered to be continued due to the criminal investigation and charges. His statement of request for information being unanswered is false, information was provided, they did not accept it as valid because they refuse to accept responsibility for their negligence. They are thieves, who wont even return PROPERTY in the seized vehicle, lie to get you to sign a contract, and deny every doing anything. Even in their own initial response to the suit, they said one thing one time, and one thing another time, countering the first claim statement. And his continual false statements, are grounds for slander, defamation of character among other things.
The case was ordered to be continued due to the criminal investigation and charges. His statement of request for information being unanswered is false, information was provided, they did not accept it as valid because they refuse to accept responsibility for their negligence. They are thieves, who wont even return PROPERTY in the seized vehicle, lie to get you to sign a contract, and deny every doing anything. Even in their own initial response to the suit, they said one thing one time, and one thing another time, countering the first claim statement. And his continual false statements, are grounds for slander, defamation of character among other things.
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What's this? #3 REBUTTAL Owner of company
Case Dropped
AUTHOR: Steve barrett - ()
SUBMITTED: Wednesday, April 24, 2013
This customer did file suit (however it was not filed as a class action suit). During discovery a deposition of the customer was requested and performed. Requests of documentation to prove the harm that Barrett Motors had inflicted upon the customer were made at the conclusion of the deposition. These requests went unanswered and the suit was dropped. Barrett Motors did not settle this suit and was prepared to proceed with the case to prove that allegations against it were unfounded.
Litigation has been brought against Barrett Motors on a few occasions over its near 30 years in business. Not once has it ever been found at fault of any wrong doing.
Litigation has been brought against Barrett Motors on a few occasions over its near 30 years in business. Not once has it ever been found at fault of any wrong doing.
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What's this? #4 Author of original report
read
AUTHOR: PopularBoy - (USA)
SUBMITTED: Wednesday, December 12, 2012
Obviously you have a little bit of a hard time reading the statements. It is a class action suit. It has already been filed. And there isn't a lawyer handling the case, there is a whole TEAM handling it. And keep up the libel and false personal attacks it is immature, incorrect and you can be held accountable in court for it.
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What's this? #5 Consumer Comment
OP is still wrong
AUTHOR: Stacey - (U.S.A.)
SUBMITTED: Wednesday, December 12, 2012
The law (once again) only applies to THIRD PARTY Debt collectors!!! I am not stupid nor ignorant. I do have an attorney who deals with these types of cases because I sued a THIRD PARTY debt collector and won.
I suggest you stop practicing law without a license and give up - You did not live up to your end of the contract therefore you lost your vehicle - Good luck finding and Attorney who would touch your case.
I suggest you stop practicing law without a license and give up - You did not live up to your end of the contract therefore you lost your vehicle - Good luck finding and Attorney who would touch your case.
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What's this? #6 Author of original report
Clearing the Confusion
AUTHOR: PopularBoy - (USA)
SUBMITTED: Tuesday, December 11, 2012
Never said I was not behind, I was behind, and my credit actually is fair. I stated that Barrett Motors is not a company to do business with. And further, why is their now a formal class action lawsuit in Collin County against them. Seem people jump to conclusions based on only a few lines, not the entire post. They have 2 finance departments, one that does the sell, then they turn around, like a bank, and sell it to their Finance Company, and that is when the harassment starts, therefore, a third party, like stated before. So jumping to conclusions, John, just shows your "perfect" status, especially when researching everything on here, it seems you have a "argumentative aggression towards this entire website. So please, READ THE FACTS, before you go being combative. It only shows your maturity level, or lack there of. In conclusion, Barrett Motors INC, and BMI Finance, have violated, Federal Law and State Law, in regards to Deceptive Trade, Fraud, FDCPA and other various statues created to protect consumers, and not just once or twice, so far, mind you only 8 weeks into the investigation, there are over 37 "class members". So Obviously you were all wrong.
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What's this? #7 Consumer Comment
They Think We Are Stupid Here
AUTHOR: Jim - (USA)
SUBMITTED: Friday, August 03, 2012
Notice the pattern...the borrower has never, ever been late and has kept the proper insurance etc, etc, etc. You cannot have a better borrower, right? They even have a steller credit score of 2,999, 685! But the lender...oh boy! Out of the clear blue sky they are calling for absolutely no reason and they are calling every 10 seconds! Not only thay, the lender is calling names and even attempting to extort even more money than the contracted amount. Yes sir...that lender is so cruel, so illegal and so blood thirsty when the borrower did absolutely nothing but be born.
Law school 101 tells you the referenced FEDERAL law DOES NOT apply to original creditors...period. This is not some complex act which has been studied for years and years. It does not cover original creditors and that is that. So I highly suspect the remark the OP was told by an attorney that it does is either bogus or te OP WORDED THE QUESTION improperly. Those who have a history of being deadbeats often think everybody here is too stupid to see what they are doing. Because they don't like the collections activities of the lender (activities they turned on because of non payment) they try the smokescreen approach...the lender is so bad, so illehal and so trashy. They are so cruel and rude. Why? Because how dare the lender attempt to hold the borrower to their worthless promise to pay on time, everytime. Yes, that's the welfare type's ways. Don't get an additional full or part time job to increase cash flow, do the lazy thing...cry and wail about the lender and try to think up things to discredit them. Its been tried here hundreds of times. The lender, which took a big chance on their subprime ways is now so, so terrible because they want their money...money which the subprime welfare type promised to pay. They come into this with a reputation of not paying their bills and surprise surprise, they STILL don't pay their bills. Now watch as the subprime welfare types respond with their wailing as well!
Law school 101 tells you the referenced FEDERAL law DOES NOT apply to original creditors...period. This is not some complex act which has been studied for years and years. It does not cover original creditors and that is that. So I highly suspect the remark the OP was told by an attorney that it does is either bogus or te OP WORDED THE QUESTION improperly. Those who have a history of being deadbeats often think everybody here is too stupid to see what they are doing. Because they don't like the collections activities of the lender (activities they turned on because of non payment) they try the smokescreen approach...the lender is so bad, so illehal and so trashy. They are so cruel and rude. Why? Because how dare the lender attempt to hold the borrower to their worthless promise to pay on time, everytime. Yes, that's the welfare type's ways. Don't get an additional full or part time job to increase cash flow, do the lazy thing...cry and wail about the lender and try to think up things to discredit them. Its been tried here hundreds of times. The lender, which took a big chance on their subprime ways is now so, so terrible because they want their money...money which the subprime welfare type promised to pay. They come into this with a reputation of not paying their bills and surprise surprise, they STILL don't pay their bills. Now watch as the subprime welfare types respond with their wailing as well!
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What's this? #8 Author of original report
State Laws of Texas
AUTHOR: 76067 - (USA)
SUBMITTED: Thursday, August 02, 2012
Debt collection practices in Texas must comply with both Texas debt collection law and the federal Fair Debt Collection Practices Act. The Federal Trade Commission provides an excellent source of detailed information on its fair debt collection page; most of the text from that page is presented here for your convenience
taken from, http://www.occc.state.tx.us/pages/consumer/education/DebtColl.htmwhere it also states,
What debts are covered?
Personal, family, and household debts are covered under the Fair Debt Collection Practices Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly attempts to collect debts owed to themselves or others; included in this definition are attorneys who collect debts on a regular basis. Note that fhe federal Fair Debt Collection Practices Act applies only to collectors working for professional collection agencies and attorneys hired to collect debts. Texas law addresses actions taken by anyone trying to collect on a consumer debt.
may i also add, that they own another company BMI Finance, a total seperate company, that they sell your car note to 12 months before contract endinng. So it is also a third party collection agency.
taken from, http://www.occc.state.tx.us/pages/consumer/education/DebtColl.htmwhere it also states,
What debts are covered?
Personal, family, and household debts are covered under the Fair Debt Collection Practices Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly attempts to collect debts owed to themselves or others; included in this definition are attorneys who collect debts on a regular basis. Note that fhe federal Fair Debt Collection Practices Act applies only to collectors working for professional collection agencies and attorneys hired to collect debts. Texas law addresses actions taken by anyone trying to collect on a consumer debt.
may i also add, that they own another company BMI Finance, a total seperate company, that they sell your car note to 12 months before contract endinng. So it is also a third party collection agency.
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What's this?
Only applies to third party debt collectors
Aggrieved consumers may also file a private lawsuit in a state or federal court to collect damages (actual, statutory, attorney's fees, and court costs) from third-party debt collectors. The FDCPA is a strict liability law, which means that a consumer need not prove actual damages in order to claim statutory damages of up to $1,000 plus reasonable attorney fees if a debt collector is proven to have violated the FDCPA.[30] The collector may, however, escape penalty if it shows that the violation (or violations) was unintentional and the result of a "bona fide error" that occurred despite procedures designed to avoid the error at issue.[31][32]
This company is the original holder of the debt therefore you cannot collect any monies because you signed a contract with them. I suggest you research the law
Aggrieved consumers may also file a private lawsuit in a state or federal court to collect damages (actual, statutory, attorney's fees, and court costs) from third-party debt collectors. The FDCPA is a strict liability law, which means that a consumer need not prove actual damages in order to claim statutory damages of up to $1,000 plus reasonable attorney fees if a debt collector is proven to have violated the FDCPA.[30] The collector may, however, escape penalty if it shows that the violation (or violations) was unintentional and the result of a "bona fide error" that occurred despite procedures designed to avoid the error at issue.[31][32]
This company is the original holder of the debt therefore you cannot collect any monies because you signed a contract with them. I suggest you research the law
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What's this?
According to legal counsel, the FDCPA applies to all Debt Collections, be it original creditor or a external collection agency
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What's this?
The Collections Act you reference applies ONLY to external debt collectors like collection agencies.
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What's this? 
