Our statement of events regarding the purchase of a 2004 Chevy Cavalier through Bill Heard Chevrolet located at 444 S. Decatur Blvd. Las Vegas Nevada 89107.
On September 9, 2003 my wife had received one of the junk mail letters from Bill Heard stating that she was their blue chip customer and that they would reward my wife for her excellent credit status with a line of credit up to $39,685. My wife being skeptical contacted the number on the letter, after speaking with David he said that she was approved for a payment of $525.00 max.
She then proceeded to let him know that we didn't want to waist our time and come down to the dealership unless they knew for sure that they could finance us. He said not to worry that they have many lending institutions that they deal with as well as they own the bank so he was sure that we would be able to be financed. My wife then made an appointment for us to meet with Chris Montana the sales manager for Saturday September 13, 2004.
On Saturday September 13, 2003 we arrived at the dealership and met with a salesman named Hugh Potts, he then introduced us to Chris Montana. We sat down at one of their tables and I proceeded to tell them that we were interested in purchasing a new vehicle but did not want to unless they knew for sure that they could get us financed. We had a previous incident a another dealership back in December were they swore that they could get us financed and then a week later called us into the dealership saying that they were unable to finance us and that they want the vehicle back.
I then told them that my wife and I didn't want to go through that again, he assured us that it shouldn't be a problem because not only did they have multiple lenders they also owned the bank. During the middle of the negotiations, our salesman was replaced by Bobby Whelborn. He continued to help us with the purchase of our new car. As Bobby asked us the questions, he filled out the credit application and after pulling my credit report he came over and said that they could definitely get us financed.
My wife and I were there for a few hours haggling over payment amounts until we finally settled with a monthly payment of $399.00 with a 9.9% interest rate, with our 1993 Ford Aerostar as a trade in and a $500.00 down payment. With all agreed we went to the finance department to sign the contract and other misc. paperwork.
Upon arrival in the finance office we sat at the desk and the finance manager showed us the contract and the payments were a little higher than agreed, it showed on the contract the payments being $428.57 with a 9.9% interest rate. We reluctantly agreed and signed all of the documents the finance manager also signed the documents. We were only given 3 forms that day, the simple interest contract, the protection package, and the warranty registration. All documents were dated for September 13, 2003
We left the finance office and they took us to their customer service office to give us the keys and take a picture of us with our new car to make a calendar. After they took the picture we got in our new car and drove it home and showed it to our kids and family.
On September 16, 2003 Bill Heard contacted us and asked us to come in to resign some documents. After picking up my son from school we went to the dealership around 4pm. They took us back to finance and the finance person proceeded to tell us that our payments were lowered to $404.98.
My wife asked him if there were any other changes and if the date of the contract should be changed and he said no other changes and that everything was a good to go. So I signed the new contract which was still dated September 13, 2003 even though I actually signed the new contract on September 16, 2003. They gave us a copy of the second contract and additional identical copy of the warranty registration, this is the only paperwork we ever received. We then left the dealership and went home.
On September 19, 2003 Carmen from Nuvell Financial Company contacted my wife wanting to speak with me however I was at work and was not able to speak with them at that time. Carmen then left her number and extension #. When I got home I tried contacting them and the number would go through but the extension was wrong. On Monday September 22 Carmen called back and my wife gave her my cell number so that she could talk to me to verify information on the credit application and I gave them permission to speak with my wife. Carmen then called my wife back and told her that they needed us to fax over a few more documents.
My wife did as they asked and she asked them at that time if everything was going ok and when we should expect the trade in to be paid off and our payment book. Carmen said everything is going good and that everything should be done within the week. She also gave my wife their mailing address as to where to send the payments. About a week later Nuvell called again wanting our landlords name and phone number. My wife told them that it was on the credit application, but she went ahead and gave it to them anyway.
On September 29, 2003, my wife called Bill Heard to check on the status of the green slip. She spoke with one of the girls in customer service and they said that the paperwork is being finalized and it should be there within the week. My wife again called on October 6, 2003 to check on the status, again they said that the paperwork was being finalized and we should have it by the end of the week.
On the October 8, 2003 at 5:42pm Bill Heard called and asked us to come in to finalize the paperwork. We went in and waited around for about an hour until finally Bobby came over. He proceeded to tell us that the bank backed out of the deal because we have not been at our current residence for at least a year. He said that it was stated on our credit application that we had been at our current residence for a year and 6 months. Upon contacting the landlord for verification, Nuvell thought we lied on the credit application. I told him at the time of him filling out the credit application that we had only been at this house for 9 months.
He then said that we signed the credit application stating that everything was correct. When we looked over the credit application it didn't originally state a year and 6 months. I was furious and began to yell at the sales rep about how he had lied to us and he stated sorry there is nothing that I can do and that they wanted the vehicle back. After trying to calm down my wife asked for the sales manager Chris Montana. Chris finally came over we explained to him that we were angry because they swore up and down that they could get us financed and didn't.
Chris said for us to go ahead and leave in the car. He said he would try to pull some strings with the bank and to call him on his cell in the morning. I called Chris everyday thereafter to check on the status. On October 9, 2003 he told me that they were trying to finance us through Triad Financial and to call back tomorrow. On October 10, 2003 he said that they were still waiting to find something out. On October 11, 2003 he said the banks were closed and to call him on Monday October 13, 2003. I told him the placard was going to expire on the 13th, he said not to worry and that they will take care of it.
On the October 13, 2003 I called Chris at about 12:00 noon he said today is Columbus day and that the banks were closed so we will have to wait until tomorrow to find anything out. I explained the registration placard was to expire today. He said don't worry come in and we will take care of it. Around 4pm, on the 13th we went to the dealership to get an extended placard.
We parked the car across the street at the casino Arizona Charlie's. After waiting 15 to 20 minutes Chris Montana came over and said that they contacted the bank and that there was nothing they could do. I told them that we were not giving back the vehicle because they had exceeded the 15-day rescission rights, and that we were going to consult an attorney. Chris said well, you do what you have to do. I asked Chris for a complete copy of my file and they refused. He said that we already have copies and I said I wanted a copy of the credit application and he said no. We then left the showroom and proceeded to go back to the car, another sales manager came out of the showroom and told me that they wanted the car back and that they were going to report the car stolen. I then told him to go ahead and report it stolen and that we were going to talk to an attorney and that they weren't getting the car back. He then went back into the showroom. As we walked away from the dealership to the car I noticed that we were being followed by at least 4 cars.
We walked up Alta into a housing complex trying to get away from the men following us. We continued down the road until we reached Arizona Charlie's Casino. My wife, my 3 children and I were frightened throughout this experience. So we decided to go into the casino for safety. I told my wife to sit at the table where the Subway Sandwich shop was.
I then went to the back door to see if we were still being followed and to get the car so we could go home, as I went out the door I noticed that they were circling around the casino, I went back inside to my family. My wife told me to sit with the kids while she went to check on the car. About 10 minutes later my wife came back and told me that the car was gone. I called my mother-in-law to come and pick us up. I also called Chris and told him that I wanted to get my personal belongings out of the car.
My mother-in-law picked us up and took my wife and kids to a friend's house close by. She then took me over so I could get my stuff out of the car and when we pulled up all of our items were laying on the driveway in front of the sales office. As I was loading everything I noticed that my personal file had been gone through and that their customer service survey was missing, while I continued loading, a salesperson approached me and told me that they were bringing our trade in vehicle around. I told him what do they expect me to do with it because they had waited so long the registration had expired and it is not insured. I told him that they would have to keep the car there until I spoke with an attorney and the Dept. of Motor Vehicles.
During these events we had received 3 letters from Bill Heard congratulating us on our new purchase, a calendar with our photograph by the car, and a customer service satisfaction survey which was removed from the vehicle along with the original window sticker. We also received 5 letters from other lenders denying us for credit dating from September 14 up to October 1. We feel we have been violated, harassed, humiliated, and lied to. We feel that Bill Heard has breached our contract.
Has violated the 15-day rescission right stated on the back of their contract. They also illegally backdated our second contract to the date of the original contract. Our desire is for others to become aware of what dealerships are getting away with and that they should not be allowed to put innocent people that are especially trying to rebuild their credit through such an ordeal.
Due to the length of this whole incident we have now fallen behind on our payments on our trade in because in the beginning we were promised that the vehicle would be paid off and that we didn't need to make any more payments. If there is anything you can do to help us please do so we really don't know what else we can do.
Las Vegas, Nevada
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