Rationales for entering this report center on encouraging consumers to stand up and speak out for what is right. Do not let any automobile dealer hold you hostage in a deal that was prepared unfairly or erroneously. Our situation is very embarrassing.

In July 2001 we traded a truck in on the lease of a new truck from Carl Black in Roswell. Additionally, we paid a sustantial cash deposit. Twelve days later we received a telephone call stating our financing would not go through without additional monies. We instructed the finance person that we would return the new truck and obtain our trade-in. He agreed. That very evening the finance manager telephoned and stated our lease was prepared improperly and that the dealership was going to redo the lease. We informed him of our intention to return the truck and he agreed.

The following morning we telephoned to ensure our trade-in was ready for pick up and to calculate the mileage we were willing to pay on the new truck. We were instructed that we would have to speak with the General Manager, Gary Wexler, who informed us that our truck was sold to a private individual ironically on the same day we were informed that our contract had not been purchased. According to Wexler the truck could not be retrieved.
This is a breech of the Bailment Contract which was signed upon initial acceptance of the truck to ensure should financing not be satisfactory we would return the new truck.

The money factor was represented as the interest rate which seemed legitmate due to the fact we have very high beacon points.In actuality the money factor conversion presented us with an extremely high unfair interest rate. When approached on this matter Wexler explained we had blemishes on our credit report and our trade-in presented large negative equity.

The lease agreement did not present the numbers agreed on with the salesman. The agreed on value of the new truck was different and the agreed upon value of the trade-in was never actually credited against the purchase price of the new truck.

Wexler agreed to renegoitate the lease agreement more fairly. The meeting was conducted very unprofessionally. Wexler was rude, aggrogant and insulting. '...Do me a favor and don't trust anyone ever again...I am not going to let you off the hook because your husband was stupid enough to sign a contract that he did not read or understand...Its not a work truck...oh its just that those construction guys have to have the biggest and best truck on the site...'

We did agree on several financial issues to be included in a new lease agreement however the deal was late at night and the paperwork would have to be re-done in the morning. Upon telephoning the next morning Wexler informed me he had contacted their attorney and the attorney was to contact me personally. The new lease agreements were never forthcoming.

Attempts to resolve this situation have yielded no results. Mr. Carl Black refused to speak with me, the attorney never responded to any faxes or messages. At present we have a civil action filed against this Carl Black Dealership in which we are representing ourselves.

There is no excuse for our studipity. We made the deal and signed the numerous paper that were quickly put in front of us and as quickly pulled away trusting that the numbers were the agreed upon numbers and all agreements were accurately applied.

We attempted on numerous occassions to return the new truck prior to the purchase of the Lease Agreement 45 days after the deal was made and each time threatened with legal action against us. We were literally held hostage. Mistakes were made by both us and by the dealer who absolutely refuses to correct them.

The BBB, FTC, AutoCap and the Governor's Office of Consumer Affairs have all been notified of our situation. Be careful if you purchase or lease from Carl Black or any car dealer. More importantly if you feel you have been wronged FOLLOW THROUGH!
Laura
Cummings, Georgia