• Report: #114017

Complaint Review: Ford Motor

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  • Submitted: Thu, October 21, 2004
  • Updated: Sun, October 24, 2004

  • Reported By:Grant Alabama
Ford Motor
Hy. 72 Scottsboro, Alabama U.S.A.

Ford Motor Co. ripoff Scottsboro Alabama

*Consumer Comment: Right About Arbitration

*Consumer Suggestion: John I hope what I posted helps you and others understand the auto industry better!

*Consumer Suggestion: GET HELP!!! This case is looking like Ford Motor itself engaged in a fraud

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Late 2000 my daughter bought a car from Ford, The car was sold to her as a new car. About 2 days after she got the car I went to Ford to co-sign for her.
At that time Ford told me that if she defulted on the contract or was behind they would notify me so I COULD TAKE UP THE PAYMENTS AND THE CAR.

About a week later I saw the car and noticed the mileage [which was over 9,000 miles] and Question her.

Then I went to Ford and question them.
Ford did admit to selling her a so called " Program" car; but refused to make any adjustments in Contract or price or exchange the car for a new car which she had bought.

In December a few days before it was due she made her first payment.

Later in December she was comming off the mountin where she lived and the back wheel locked up and she sled in the ditch and had to call a toe truck.

The Machanic that worked on the car told me that the car had been racked before and the under carge had been strached back leaving the reer in a bimd and that we would still have problems.

In January about 2 weeks before the payment was due Ford called my dauther and demanded a payment. She wired them a payment.

The same day she found the car missing and reported it. The car was found in Madison Al. in the possion of ford. Even through the car was stollen by Ford, Ford called it a repossion.

The personal property that was in the car I went though the Madision Co. D. A. office and she got part of it back.

We have now been Trying to work with Ford and credit unions to get some satifaction for about 4 years, But all we get is dead Ends.

Several days ago I did recieve from Ford a copy of the contract to find that it had not been signed. The only thing that we had signed was that we had read the back of the contract. I called Ford and talked with Tom Bosen and he told me that they didn't have to have a signature on their contracts that put names on them all the time,

Larry
Grant, Alabama
U.S.A.

This report was posted on Ripoff Report on 10/21/2004 02:56 PM and is a permanent record located here: http://www.ripoffreport.com/r/Ford-Motor/Scottsboro-Alabama/Ford-Motor-Co-ripoff-Scottsboro-Alabama-114017. 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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REBUTTALS & REPLIES:
0Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Right About Arbitration

AUTHOR: John - (U.S.A.)

Your rebuttal was very informative and on the money about arbitration. In April I purchased a new Chrysler Pacifica from a major Chrysler dealer in Wilkes-Barre, PA. After reading your rebuttal I got my sales contract from Chrysler financial out and sure enough THERE IS an arbitration clause in my contract, on the back of the page, but mentioned boldly on the main page of the contract. Since this major manufacturer is doing this I am sure all the car manufacturers are probably doing the same. A dealer probably couldn't forego this clause even if the dealer wanted to, because it is a Chrysler corporation form. Congress must do something about this, and soon. I am calling my congressman's office Monday morning. I hope anyone reading this does the same. Thanks again for the great advice.
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#2 Consumer Suggestion

John I hope what I posted helps you and others understand the auto industry better!

AUTHOR: Stick Rip-Off Report Consumer Advocate - (U.S.A.)

Johnher finding a lawyer to pick this up? Fat chance. Here is why. Many and I mean many car buyers will not do what it takes to get a lawyer to fire up a case when it comes to the auto industry.

First I must say that a local law firm here in Phoenix hires me to come in as an expert witness and help the lawyer clear up the vision that a jury will have about the car dealer's actions. My job Is make sure that everybody in the court room understands the whole picture of the deception and fraud that might have taken place.

It costs big money to open a good case against a big car dealer or an auto manufacture. Most car buyers want the lawyer to pick up all of the fees to file a law suit. Most of the time the case is dragged out for many years and a s**t load of fees are present that the consmer/victim are not willing or can't pay.

A local Kia dealer here in Phoenix likes to play with car Buyer's credit applications before they send them to auto lenders. They like to make the lenders THINK the car buyers make much more money then they do.

The Victim was able to get a good lawyer to pick this case up because I showed the lawyer where the fraud was and the fact that I got the sales person to give me the documentation that that they fraudulently played with before they sent it to the bank. Car buyer had no clue as to what the car dealer was doing behind the back doors.

After showing the attorney the big picture of the fraud, he wanted me to be listed as the expert witness on the case involving the Kia dealer.

Trust me it is real hard for a car buying victim to open a law suit against a dirty car dealer. The other problem a car buyer will have is that many lawyers do not like to take auto dealer fraud cases because the pay day is not very big after all is said and done.

Next we have the big FAT PROBLEM of what is called "Arbitration" Most car buyers/consumers have no clue what Arbitration is or what it does to VICTIMS!

Below is some informative reading on Arbitration for one and all to read.

Arbitrators are not required to follow state law or precedent, or federal law or precedent in consumer arbitration either. By forcing consumers to relinquish their rights, companies are able to circumvent laws enacted to protect consumers from harm. Consumers have no recourse because the appeals process is functionally nonexistent

The arbitrators of consumer disputes owe their economic well being to the defendant corporations because they are paid per case. Companies keep records of which arbitrators found in their favor and can choose companies and arbitrators that are defendant friendly.

Since public records are not required in arbitration, consumers have no way of knowing of this bias on the part of arbitration companies and individual arbitrators. In many cases, this conflict of interest is not disclosed to consumers.

While arbitration is often touted as cost effective, many consumer claims are for modest damages that will be exceeded by the arbitration filing and hearing fees, making arbitration a losing proposition.

This serves as a disincentive for consumers to pursue a claim. Because class action suits are usually prohibited by arbitration, large groups of consumers who have been harmed for only a few dollars are prevented from forming a class, further allowing companies to escape accountability for wrongful actions.

Consumers are also forced into compulsory arbitration in "take it or leave it" contracts, but consumers have even less power when they deal with auto dealers. Unlike auto dealers negotiating million dollar auto franchise contracts with auto makers, consumers do not have an attorney at their disposal to advise them of the consequences of an arbitration clause. Furthermore, consumers are increasingly less likely to find merchants who do not require arbitration clauses, contrary to the myth that consumers need only take their business elsewhere.

We consumer advocates had a fellow consumer Advocate that has fallen to cancer. Might say he hated car dealers like myself. Here is some info he posted on ripoffreport.com read it ALL and think about it real good.


"June 7, 2000Chairman Gekas and Members of the Subcommittee, Public Citizen is submitting this testimony because we believe that the use of mandatory pre-dispute arbitration clauses presents a grave problem for consumer rights and public safety.

The use of mandatory pre-dispute arbitration clauses is growing at an alarming rate and congressional action is urgently needed. If the trend continues, soon we will have a private justice system adjudicating disputes that is largely controlled by corporations.

Automobile Consumer Credit Fraud

On January 31, 1999, Ann Brown of Sandusky, Ohio borrowed $5,500 at 25% interest from a J.D. Byrider Franchise car lot to finance her purchase of a car from Byrider's used car lot.

The car turned out to be a "junker" and a safety hazard. The entire wheel and axle fell off when Ms. Brown's teenage daughter was driving down the road.

In her lawsuit in Ohio court, Ms. Brown alleged that she was forced to pay an artificially inflated price in violation of the Truth in Lending Act.

Ms. Brown also alleged that Byrider violated the Truth in Lending Act by requiring her to accept an $895 warranty fee that was also to be financed by J.D. Byrider at 25% interest. In addition, Ms. Brown alleged violations of the Ohio Sales Practices Act and fraud.

But Ms. Brown was denied her day in court by the district court in Ohio, which ruled that the arbitration agreement contained in Ms. Brown's contract had to be enforced because of the FAA's policy favoring arbitration.

Under that arbitration clause, Ms. Brown LOST ALL her claims under state and federal lending and consumer protection laws although Byrider retained the right to sue her.

She also waived her right to punitive damages, no matter how reckless or malicious Byrider's conduct. Instead, she must proceed under Byrider's choice of arbitration, for which she must pay half the costs and attorney fees.

The costs of arbitration, which begin with $300 -- $500 filing fees and approximately $1,500 per day arbitrator's fee, exceed the value of her claim. It is simply not worth it to take the case to arbitration.

In sum, Byrider is using this arbitration clause to insulate itself from the consequences of violating the Truth in Lending Act, Ohio Sales Practices Act and flat-out fraud.

Ms. Brown did not understand that she was waiving her right to go to court when she signed an arbitration agreement with Byrider.

This is hardly surprising because the Byrider financing officer himself had no idea what arbitration is or what the rules of arbitration are, so he was unable to tell Ms. Brown what rights she was waiving.

(Foot Note for above paragraph "F&I CLOWN was Cheap labor)

Nor was she given an option -- the credit contract was presented in a standard form, take-it-or-leave-it format and she was not allowed to challenge any of its provisions.

The mandatory arbitration provision only applied to Ms. Brown. Had she defaulted on her loan, Byrider would have been able to file a lawsuit against her.

When Ms. Brown first filed her lawsuit, Byrider stopped using the mandatory arbitration clauses in their contracts. But once the courts refused to vindicate Ms. Brown's rights in court in favor of arbitration, Byrider began using the clauses again.

Ms. Brown's attorneys have received inquiries from over 40 consumers similarly defrauded by Byrider. Unfortunately, no matter how many of J.D. Byrider's former customers are defrauded, they cannot file as a class action because the mandatory arbitration clauses in their contracts waive their right to maintain class actions.

Don't EVER think that car dealers hire lawyers to write up car buying contracts that help protect consumers from auto dealer deception.

If your so called friendly car dealer wants you to sign a contract that has a built-in mandatory arbitration clause in their contract or a single document that is an arbitration addendum
tell them to SHOVE IT.

I hope what I post is helpful to you car buyers.



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#3 Consumer Suggestion

GET HELP!!! This case is looking like Ford Motor itself engaged in a fraud

AUTHOR: John - (U.S.A.)

Come on man. Defend yourself. If you were standing on the corner with a gun in your hand would you let someone take your money? Stick up for yourself and go to a lawyer. This case is looking like Ford Motor itself engaged in a fraud. You should have no trouble getting a decent lawyer to take this case.
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