- Report: #93610
Report - Rebuttal - Arbitrate
Complaint Review: Dan Nelson - JD Byrider Aka CNAC
Dan Nelson - JD Byrider Aka CNAChttp://www.dannelson.biz Des Moines, Iowa U.S.A.
Dan Nelson Aka JD Byrider Aka CNAC auto dealer ripoff how I pimpslapped these con-artists in court Des Moines Iowa
A few years back, when Dan Nelson was still doing business as JD Byrider, I bought a car from them...a '91 Ford Escort. It was, admittedly, a sharp-looking car. It was also a $7,500 car, which didn't seem too out of line at the time. The car also had a one year/ 10,000 mile warranty. My credit, quite frankly, sucked, so I wasn't too surprised that Dan Nelson, the only company that would deal with me, hit me with a 30% interest rate. I knew that rate was sky-high, but there was little I could do; I needed a car for work, and I had no money and a trade-in that was worth about $100. I left with the car, and made my payments like clockwork for about three months.
After owning the car for three months, the "fun" began. I was on my way to work one morning, and my car starts slowing down, even though the engine's running. I pull the car to the side of the Interstate, and open the hood. I have a CV halfshaft broken. I called a friend and got a ride, and called Dan Nelson and told them what was wrong with the car, and asked them to tow the car since halfshafts are expressly covered in their warranty. I only put 3,000 miles on the car, so I knew I was still within the warranty period, and I made it a point to remind the "man" on the phone of this fact. They refused to tow the car, even at my expense, and when I asked them if they were going to honor their warranty, they said they'd "think about it." At this point, I was pissed, and informed them that since they refused to work on the car, I considered our contract breached, and thus null and void, and that if they wanted their car, it was on the side of the road on I-80, near the Hickman Road exit, and they'd better go get it if they wanted it back. They eventually went and got it, and this is where Dan Nelson starts to get illegal, and I have to take them to the judicial woodshed for their spanking.
They repo'ed the car from the side of the highway, and since I considered their refusal to honor the warranty a breach of contract, I stopped making payments. The due date for my biweekly payment came and went, and after I was three days late, my phone rang...it was JD Byrider. "Where's our money?"
"I told you, you breached your contract, you got your car back, we're finished, now leave me alone."
"I'm not JD Byrider, I'm with CNAC. We're seperate companies."
"That's not important to me, but you are the same company."
"No we're not."
I hung up on the idiot. Okay folks, remember when the salesman asked you for the names and info of 10 of your family members and friends? It's not just a sales list; what they do is call those people when you're delinquent, in an attempt to harass you into payment...I know, it's underhanded, not to mention illegal...Dan Nelson doesn't really care. They called my minister, my friends, my family. At the time I worked for a temp agency, and they almost cost me my job; they called my agency looking for me, saying it was an emergency. When I picked up the phone, the guy says "where's our money?" I told him that if he contacted me at work again, I'd report him to the police for harassment, and left directions for my agency to contact law enforcement if they called again. JD Byrider aka Dan Nelson should have stopped there, but it goes on.
One day I get a phone call...sure enough, it's the village idiots from JD Byrider. At that point, something told me to hit the button on my answering machine and start recording the call. I was glad I did that later on, because when the guy asked for the money that time, he asked me, "Are you going to make your payment, or do I have to come over there and settle things with your a**?"
"Thanks, idiot, you've just been recorded, and your pisant little threat is now on tape."
"You don't have my permission to do that, a**hole."
"Iowa's a one-party state; I don't need your permission for this recording to be admissible..."
The guy didn't believe me, they sold the car at auction for $100, and CNAC sued me for $5,000, the maximum for small claims in Iowa.
I gathered all my paperwork, printed out a copy of their webiste, and made my appearance at court. Byrider had hired a guy to appear on their behalf who wasn't an attorney, which was incredibly stupid, given the material I had against them. We appeared in front of the judge, and they outlined that I signed an agreement with CNAC, and reneged on the deal. I pointed out that they hadn't fulfilled their part of the deal when they refused to honor their own warranty. The Byrider/Dan Nelson rep maintained the company line, that Byrider and CNAC are seperate entities. I showed the judge this page:(http://www.jdbyrider.com/site.nsf/customer-info?OpenPage)
The page clearly states that "As the industry leader, we know that getting fast credit approval is pivotal in the process of buying a car. That's why we formed our own special finance company, CarNow Acceptance Company (CNAC)." By JD Byrider's own admission, they are one and the same! The judge looked at that, and the purchase agreement, and the judge noted that the car was sold to me at double its market value. The Byrider rep wasn't done yet, however. He then stated that the problem with the car wasn't covered by the warranty, and said my diagnosis was faulty. A Byrider mechanic stated the the "real" problem with the car was bad clutch plates, and not a CV halfshaft, and therefore wasn't covered by the warranty. I pointed out the inherent flaw in the story: the car was an automatic transmission, and thus didn't *have* clutch plates! By now the judge was fuming! Byrider had been caught in not one, but TWO lies under oath. At that point, I handed the judge my audiotape of the JD Byrider rep threatening me over the phone. At this point, the Byrider rep started to stammer something out, and the judge says to him, "Just shut up. How much did it cost your client to tow the car?"
"$75, your Honor."
"Judgement for the plaintiff in the amount of $75, and I suggest you leave this courtroom before I hold your company in contempt."
They wanted $5,000, they got $75 and the $2,000 I had paid when the car ran. Their court costs were around $300. I wasn't through with them yet; now it was personal. I turned the taped phone threat over to the Federal Communications Commission and filed a complaint for a violation of the Fair Debt Collection Practices Act. Their company was fined $10,000 for the violation, and at least two people from the Des Moines branch of Dan Nelson are now unemployed. Their $2,000 sale cost them around $11,000 when it was all said and done.
Hey Byrider/Dan Nelson/CNAC, did it hurt when I stuck it to you?
Click here to read other Rip Off Reports on JD ByRider
This report was posted on Ripoff Report on 06/04/2004 04:01 AM and is a permanent record located here: http://www.ripoffreport.com/r/Dan-Nelson-JD-Byrider-Aka-CNAC/Des-Moines-Iowa/Dan-Nelson-Aka-JD-Byrider-Aka-CNAC-auto-dealer-ripoff-how-I-pimpslapped-these-con-artists-93610. 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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