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Report: #162513

Complaint Review: COTTMAN TRANSMISSION - Charlotte North Carolina

  • Submitted:
  • Updated:
  • Reported By: Charlotte North Carolina
  • Author Confirmed What's this?
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  • COTTMAN TRANSMISSION 5514 South Boulevard Charlotte, North Carolina U.S.A.

COTTMAN TRANSMISSION ripoff - LIED AND HAD MY VAN REPOSSESSED!!! Charlotte North Carolina

*UPDATE Employee: Angry and Legally Ready

*Consumer Comment: much ado about nothing

*Consumer Suggestion: One time financing fee? LOL

*Consumer Suggestion: One time financing fee? LOL

*Consumer Suggestion: One time financing fee? LOL

*Consumer Suggestion: One time financing fee? LOL

*Consumer Suggestion: OK Bob, your just too smart for your trailer park

*Author of original report: So tired of this back and forth

*Consumer Suggestion: Deed, title,lien holder? - It's all semantics

*Consumer Comment: Bob, Arizona is not a Title holding state

*Consumer Comment: Bob, Arizona is not a Title holding state

*Consumer Comment: Bob, Arizona is not a Title holding state

*Consumer Comment: Bob, Arizona is not a Title holding state

*Consumer Comment: Different rule for each state?

*Consumer Comment: There is a village missing their idiot

*Consumer Suggestion: FYI

*Consumer Suggestion: For BOB...you're dead wrong re title

*UPDATE Employee: You are right Dave

*Consumer Comment: Must be the Arizona heat.

*Consumer Comment: An education would help Bob greatly

*Consumer Comment: An education would help Bob greatly

*Consumer Comment: An education would help Bob greatly

*Consumer Comment: An education would help Bob greatly

*Consumer Comment: Too funny indeed.

*Consumer Comment: HUH?!?!?!

*Consumer Comment: Doh!

*Consumer Comment: I'm sorry but the OP DIDN'T own the car.

*Consumer Comment: Hmm, interesting

*Consumer Suggestion: Good Luck, Lynn

*Consumer Comment: OUCH! I wasn't laughing at anyone's loss!

*Consumer Comment: OUCH! I wasn't laughing at anyone's loss!

*Consumer Comment: OUCH! I wasn't laughing at anyone's loss!

*Consumer Comment: The OP has no claim against you

*UPDATE Employee: Robert you misread

*UPDATE Employee: Would be filthy rich if what you say is so, Dave

*Consumer Comment: I think Cottman has more explaining to do

*Consumer Comment: Just one more thing...

*UPDATE Employee: Customers well informed

*Consumer Comment: Just one question

*UPDATE Employee: Not Auto Theft; Legal unfortunate business transaction

*Consumer Comment: Year, make, model, and cost of repairs?

*Consumer Comment: About Cottman Transmission in Charlotte, NC - fraud?

*Consumer Suggestion: Auto Theft? Maybe..read on

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I took my car that I was financing to Cottman Transmission on South Blvd in Charlotte, NC on September 12, 2005 after it made some noises and bumped a little. The repair shop man, Joseph Poplin, offered a free transmission check, so I had them do one on my minivan. After that, the repair show guy said his mechanic told him that my transmission was grinding and producing a black metallic powder, causing the problem; however, my transmission would have to be totally taken apart and put back together to fully diagnose my problem and it would cost $395. I allowed that.

I asked the repair shop man how much he would estimate it to be and he said he doesn't think it's a "big job" and that it would probably run me close to $800. He added that transmission jobs run on the high end up to $2300. I don't know how he would know it would cost $800 when he hadn't taken my transmission apart yet. Anyway, after a few days of him not calling me to tell my car was ready, I called the shop and he said it was ready and my total cost was $2800 because my transmission and engine (now) had to be rebuilt. His company would be financing half of that amount ($1400) and I would have to come up with the other half. I had told him I was on a limited income, as most of us are, and couldn't afford that, so I was grateful for the financing, which his wife, Lynn, handles.

I asked him what would happen if I had trouble coming up with the money, he said the van would be put in storage at a cost of $15/day for 30 days and AFTER that it would be put up for auction. I told him I would rather the storage than the auction because I was paying on that van and it was going to be my last car in life, barring unforeseen circumstances. I spoke to his wife who handles the financing and she was asking me when I was going to come in with the money. This was all in a matter of 1 1/2 weeks, maybe less. I told her I had half of the half ($700) and would be getting the rest before my time ran out. She asked for the name of my finance company under the guise that she was going to ask them to pay for the repairs and put the money on the end of my contract with them. I informed her that I had already called my finance company and they said they did not do that for customers. She called anyway.

When I went to the repair shop with my half ($1400) to pick up my van, Mr. Poplin told me the van was repossessed. I was beyond shocked! I asked him if he was going to call and tell me that and he said he and his wife were closing on a house and he was out of the office for 2-3 days, so he didn't know. Yeah right!!!! He told me where to go get my belongings after I asked for copies of everything, including the check that was written out for the repairs and said nothing else. He looked surprised that I had indeed showed up with the money, as I said I would. I called my finance company and they said they repossessed my van because the shop man called them with my VIN number and said "customer unable to pay for repairs", which was a boldfaced lie! I N-E-V-E-R told that man I was unable to pay for that van, only that I was going to need time to come up with the money but I WAS going to get my car!!!! I told them my mom borrowed from her insurance company and my church was helping me come up with the money, so I was sure that I would get the money and that it would be BEFORE the 30-day time frame he gave me!!!! I could not believe that a repair shop has the right to call a customer's finance company without their approval and/or knowledge to have their car repossessed on a lie they tell!!!!

I just cannot believe my van is gone, and all because Mr. Poplin flat out LIED about me not being able to pay when I showed up before 30 days to pay my downpayment on the repairs as we had previously discussed. His fear of a black (yes, I said black), single, working mother of 3 supposedly not being able to come up with $1400 in that time frame and him possibly not getting paid his money is the reason, in my opinion, that he called my finance company and LIED!!!!! What happened to me is NOT fair and I intend to pursue this matter with the higher ups, including the media. I am sick and tired of companies taking advantage of consumers without reason or just cause, and practicing unfair and possibly illegal business practices. Someone has to put an end to this. The economy is struggling and so are we and we all deserve to be treated fairly and respectfully with regards to entrusting our property to a business expecting to get a job done without something being done behind our backs and we just sit back, put our tails between our legs and take it. SOMETHING HAS TO BE DONE ABOUT BUSINESSES LIKE COTTMAN TRANSMISSION AND OTHERS LIKE IT!!!!!

I am in the process of getting a lawyer and have already contacted my local news station to air Cottman's Transmission's dirty laundry!!!! What a way to conduct business, huh?

CUSTOMER BEWARE!!!!: Cottman Transmission lies to get what they want and is practicing unjust, false and, most likely, illegal business practices!!!!! WE MUST NOT TAKE THIS SITTING DOWN AND I HOPE BY EXPOSING BUSINESSES LIKE THIS, SOMETHING WILL BE DONE AND THE PROPER REPERCUSSIONS WILL BE FORTHCOMING!!!! IT'S NOT RIGHT! Simple as that.....

Unjustly swindled
Charlotte, North Carolina
U.S.A.

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This report was posted on Ripoff Report on 10/28/2005 10:25 PM and is a permanent record located here: https://www.ripoffreport.com/reports/cottman-transmission/charlotte-north-carolina/cottman-transmission-ripoff-lied-and-had-my-van-repossessed-charlotte-north-carolina-162513. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
43Consumer
0Employee/Owner

#43 UPDATE Employee

Angry and Legally Ready

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

POSTED: Saturday, May 27, 2006

I understand that the original complaintant on this has filed a civil suit against the finance company, her bank and the recovery service.

I have known the people involved at this Cottman for some 9 to 10 years. I have worked with both of them on ocassion and am truly amazed that anyone would have a complaint with either of them.

I actually worked for them for a period of time and would go back tomorrow if they were to come back to my area.

These folks go above and beyond the necessary requirements of business professionals. But business is business.

People should really be careful as to what they say or write about individuals on here, or what they report to an attorney. With the proper documentation this lady has opened her self up for a very good case of slander and defamation of charater suit.

I know that all Cottman's are not on the up and up, just like all attorneys are not, judges and politicians are not, but make sure your documentaion and your facts are recorded very soundly. I know the ones from this lady are. She will be ready for battle.

All I have to say is GOOD LUCK TO THE OP!!!!!!!
Damages WILL NOT be mediated.

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#42 Consumer Comment

much ado about nothing

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

POSTED: Sunday, January 15, 2006

You are all aruging the same thing regarding loans and ownership. Banks (or lenders, etc.) "keep" the title in the sense that they hold the piece of paper and they have a lein on the car. However, the person who purchased the car is listed as the vehicle owner on this piece of paper, with the lein serving to limit the owners rights with regard to title transfer. You're both "right" and arguing semantics. IMO, people who argue semantics have usually given up on the facts.

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#41 Consumer Suggestion

One time financing fee? LOL

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

POSTED: Tuesday, December 20, 2005

I love how the financing is brushed over as a one-time financiing fee in the rebuttal to the original report.

Let's do the math. The total cost of the repair is about $2300 plus tax on parts. We don't have the breakdown of the invoice but, generally, parts are minimal on a transmission rebuild. Let's be generous and say there is $100 in tax (which is very, very high but I'm going to be conservative). That brings the total bill to $2400.

Now, we know the 1/2 down payment is $1400. Leaving a total balance (on the original invoice) of $1000. Unfortunately, our consumer is going to pay $1400 to finance that $1000 for 6 weeks. Estimated annual simple interest rate: 350%. 350% - and it is glossed over as a "one time convenience charge" like they are doing a favor.

350%? That is a payday loan rate. Heck, it is worse than some payday loans - and you brush it off as a convenience charge? Let me ask this, are you informaing each customer of the effective interest rate that they are borrowing at? Are you telling people that the "loan" you are making is at a 350% rate?

Basically, you can take your high and mighty moral superiority, your 27 years in healthcare, and your education and shove it in your 350% interest rate loan document. In the end, even with all that, you are still charging a ridiculous rate to the people who can least afford it. Nothing illegal about it - that is if you are telling them the rate - but get off of your high horse. It's unbelievable that someone who is charging 350% has the gall to try and adopt a tone of moral superiority.

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#40 Consumer Suggestion

One time financing fee? LOL

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

POSTED: Tuesday, December 20, 2005

I love how the financing is brushed over as a one-time financiing fee in the rebuttal to the original report.

Let's do the math. The total cost of the repair is about $2300 plus tax on parts. We don't have the breakdown of the invoice but, generally, parts are minimal on a transmission rebuild. Let's be generous and say there is $100 in tax (which is very, very high but I'm going to be conservative). That brings the total bill to $2400.

Now, we know the 1/2 down payment is $1400. Leaving a total balance (on the original invoice) of $1000. Unfortunately, our consumer is going to pay $1400 to finance that $1000 for 6 weeks. Estimated annual simple interest rate: 350%. 350% - and it is glossed over as a "one time convenience charge" like they are doing a favor.

350%? That is a payday loan rate. Heck, it is worse than some payday loans - and you brush it off as a convenience charge? Let me ask this, are you informaing each customer of the effective interest rate that they are borrowing at? Are you telling people that the "loan" you are making is at a 350% rate?

Basically, you can take your high and mighty moral superiority, your 27 years in healthcare, and your education and shove it in your 350% interest rate loan document. In the end, even with all that, you are still charging a ridiculous rate to the people who can least afford it. Nothing illegal about it - that is if you are telling them the rate - but get off of your high horse. It's unbelievable that someone who is charging 350% has the gall to try and adopt a tone of moral superiority.

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#39 Consumer Suggestion

One time financing fee? LOL

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

POSTED: Tuesday, December 20, 2005

I love how the financing is brushed over as a one-time financiing fee in the rebuttal to the original report.

Let's do the math. The total cost of the repair is about $2300 plus tax on parts. We don't have the breakdown of the invoice but, generally, parts are minimal on a transmission rebuild. Let's be generous and say there is $100 in tax (which is very, very high but I'm going to be conservative). That brings the total bill to $2400.

Now, we know the 1/2 down payment is $1400. Leaving a total balance (on the original invoice) of $1000. Unfortunately, our consumer is going to pay $1400 to finance that $1000 for 6 weeks. Estimated annual simple interest rate: 350%. 350% - and it is glossed over as a "one time convenience charge" like they are doing a favor.

350%? That is a payday loan rate. Heck, it is worse than some payday loans - and you brush it off as a convenience charge? Let me ask this, are you informaing each customer of the effective interest rate that they are borrowing at? Are you telling people that the "loan" you are making is at a 350% rate?

Basically, you can take your high and mighty moral superiority, your 27 years in healthcare, and your education and shove it in your 350% interest rate loan document. In the end, even with all that, you are still charging a ridiculous rate to the people who can least afford it. Nothing illegal about it - that is if you are telling them the rate - but get off of your high horse. It's unbelievable that someone who is charging 350% has the gall to try and adopt a tone of moral superiority.

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#38 Consumer Suggestion

One time financing fee? LOL

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

POSTED: Tuesday, December 20, 2005

I love how the financing is brushed over as a one-time financiing fee in the rebuttal to the original report.

Let's do the math. The total cost of the repair is about $2300 plus tax on parts. We don't have the breakdown of the invoice but, generally, parts are minimal on a transmission rebuild. Let's be generous and say there is $100 in tax (which is very, very high but I'm going to be conservative). That brings the total bill to $2400.

Now, we know the 1/2 down payment is $1400. Leaving a total balance (on the original invoice) of $1000. Unfortunately, our consumer is going to pay $1400 to finance that $1000 for 6 weeks. Estimated annual simple interest rate: 350%. 350% - and it is glossed over as a "one time convenience charge" like they are doing a favor.

350%? That is a payday loan rate. Heck, it is worse than some payday loans - and you brush it off as a convenience charge? Let me ask this, are you informaing each customer of the effective interest rate that they are borrowing at? Are you telling people that the "loan" you are making is at a 350% rate?

Basically, you can take your high and mighty moral superiority, your 27 years in healthcare, and your education and shove it in your 350% interest rate loan document. In the end, even with all that, you are still charging a ridiculous rate to the people who can least afford it. Nothing illegal about it - that is if you are telling them the rate - but get off of your high horse. It's unbelievable that someone who is charging 350% has the gall to try and adopt a tone of moral superiority.

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#37 Consumer Suggestion

OK Bob, your just too smart for your trailer park

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

POSTED: Monday, December 19, 2005

Bob, I lived in AZ from 86-88 and 02-04, so I do have an idea of how things work.

You are so full of s**t your eyes have to be dark brown.

In AZ the REGISTERED owner IS liable for the use of his/her vehicle along with the REGISTERED owner's INSURANCE company.

Doesn't matter who holds the title, or who is driving the vehicle.

ps..I sold insurance in AZ.

You are the idiot, but probably the local trailer park lawyer.

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#36 Author of original report

So tired of this back and forth

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

POSTED: Monday, December 19, 2005

To the last man that said this was just a bicker back and forth, you are exactly right. I have no idea, and unlike some I have no idea on lending institutions and their rules in different states.
However, I do know and understand them for the State of North Carolina. No financed vehicle, boat or house is given the title, or deed until the loan is paid in full, and in some title loan cases a fee of $10.00 has to be paid to have the lending institution remove their lien. As for the reason all of this was started was that a finance company that was holding the title on a financed, note not completely satisfied loan. The lending institution for whatever reason issued a pick up notice for the vehicle in question. The owner of this paticular Cottman center(my husband and I are mere employees of THIS center, and were taking vacation days when the car was released), at which time the owner was presented with a hold harmless statement, meaning the buck now falls on the finance company. Our lives have moved on, hope all you guys will do your work either online or call North Carolina Department of Vehicles in Raleigh, NC to clarify whether or not the title is held until the loan is paid.

Like I said before, we just built a new home and had we been given a clear title instead of a deed of trust, I would not be working at this time making those payments, which by the way in 7 years will give me a CLEAR deed to my property and house.

Happy Holidays!!!!!!!

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#35 Consumer Suggestion

Deed, title,lien holder? - It's all semantics

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

POSTED: Friday, December 16, 2005

Years ago an official title of ownership issued by the State of California was called a "Pink Slip". When you financed a car the state sent the "Pink Slip" to the bank and you got the "Registration Slip". So even though Bob from Arizona, Arizona has been there and done that he just doesn't seem to understand that he is correct, but everyone else is also correct in how they have described who gets what form of title, deed, lien holder, etc, etc. It's just a matter of using whatever words and terms that have become customary for each state or area of the country. Sometimes the senseless bickering that goes back and forth on these rebuttals just seems like such a waste of time to me as everyone seems to have forgotten about the original post and goes off onto a new direction which really has no direction at all.

Have a nice day.

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#34 Consumer Comment

Bob, Arizona is not a Title holding state

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

POSTED: Friday, December 16, 2005

However in most other states the lienholder does hold the title to a vehicle until they have received all of the money. In Arizona we do things differently. The lender holds the lien release and we keep our title. As for who is the proper owner and lawsuits...... Each and every vehicle title states who the "registered owner" and the "lienholder" are. There is no mistaking who is responsible for the vehicle.

Don't believe me, do your research.

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#33 Consumer Comment

Bob, Arizona is not a Title holding state

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

POSTED: Friday, December 16, 2005

However in most other states the lienholder does hold the title to a vehicle until they have received all of the money. In Arizona we do things differently. The lender holds the lien release and we keep our title. As for who is the proper owner and lawsuits...... Each and every vehicle title states who the "registered owner" and the "lienholder" are. There is no mistaking who is responsible for the vehicle.

Don't believe me, do your research.

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#32 Consumer Comment

Bob, Arizona is not a Title holding state

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

POSTED: Friday, December 16, 2005

However in most other states the lienholder does hold the title to a vehicle until they have received all of the money. In Arizona we do things differently. The lender holds the lien release and we keep our title. As for who is the proper owner and lawsuits...... Each and every vehicle title states who the "registered owner" and the "lienholder" are. There is no mistaking who is responsible for the vehicle.

Don't believe me, do your research.

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#31 Consumer Comment

Bob, Arizona is not a Title holding state

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

POSTED: Friday, December 16, 2005

However in most other states the lienholder does hold the title to a vehicle until they have received all of the money. In Arizona we do things differently. The lender holds the lien release and we keep our title. As for who is the proper owner and lawsuits...... Each and every vehicle title states who the "registered owner" and the "lienholder" are. There is no mistaking who is responsible for the vehicle.

Don't believe me, do your research.

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#30 Consumer Comment

Different rule for each state?

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

POSTED: Friday, December 16, 2005

In Hawaii, the buyer holds the title and is named as the registered owner, and the bank is listed as the the LEGAL owner. When the car is paid off, you take your titile to the lienholder and he stamps your title and signs off on it. You then apply for a new title to be issued without the lienholder listed. It actually sounds more complicated than it is, but it enables private sellers to actually hold title in case the buyer doesn't pay on time. (As in deadbeat relatives)

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#29 Consumer Comment

There is a village missing their idiot

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

POSTED: Friday, December 16, 2005

Bob? You need to go home!

The title is NEVER given to the buyer before the vehicle is paid for. Could you please try to be less stupid?

I notice everyone who tries to shoot me down, has YET to actually use factual information to do it. You all keep on trying.

As for Bob and his 100 lawsuits....sure. I guess you're like that other dipstick Stephen who claims to "investigate" people in every state. You are an attorney, I am sure. And licensed in several states no less? Riiiight. Go back to your village.

A Deed of Trust is NOT the Deed to the property. It is nothing more than a piece of paper granting the purchaser full use of the property. The purchaser does not get the actual Deed until the property is fully paid for. Get an education you blithering dolt.

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#28 Consumer Suggestion

FYI

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

POSTED: Friday, December 16, 2005

To begin with I have been involved with over 100 lawsuits from 7 different states because some idiot actually held the title of someone else's property and the new property owner was damaged.

For idiot Steve in Florida, banks do not hold the title on automobiles or other property, they are listed as a lien holder and the owner gets the title. The owner is given an actual paper title that also lists any lienholders on it.

On real estate, a deed of trust is recorded in the court house with the lienholder deeding over the property to the new owner.

For other chattel and everybody else who is honest, they only establish alien on the property they don't retain title for the simple reason of liability.

Just you were stupid enough to let someone keep the title, doesn't mean the rest of the world is.

For Robert is Florida, well from all his other posts on this site, apparently all he does is rant and rave about other people - look up idiot in the dictionary and his pic is there - the pic of a jackass.

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#27 Consumer Suggestion

For BOB...you're dead wrong re title

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

POSTED: Monday, December 05, 2005

Almost ALL major banks hold the title until paid off. This is common practice

Furthermore, the lienholder is in no way resposible or liable in any way for the use of the vehicle.

In every state in the United States, the REGISTERED owner and the owner's insurance company is liable for the use of the vehicle.

Unbelievable.

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#26 UPDATE Employee

You are right Dave

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

POSTED: Sunday, December 04, 2005

Thanks Dave

I have tried to not respond to any of the coments that are on here but, please Dave, be careful, I got my hand popped on here for speaking of educational status, although I do agree.

I don't know what kind of laws Arizona, Arizona has for holding titles on land or cars, but as I have said my husband and I just built a new house here in North Carolina and we got a "Deed of Trust" for the land and the house. Simply meaning the mortgage company trusts we will make our payments or they have the right to sell the house if we don't follow our promise to pay per our contract with them.

Also, over the years I have had several new cars financed by different banks and State Employees Credit Union and NEVER have they given me the title until I paid the loan off. I even had to pay a $10 fee to have them removed as lien holder for the note. Not sure about other states, but that's how it works here. You are right Dave, if the mortgage company had given me a clear deed to this house and land I wouldn't make those monthly payments.

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#25 Consumer Comment

Must be the Arizona heat.

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

POSTED: Sunday, December 04, 2005

As an example, I finished paying off my car loan this past September. Two weeks later I received the title which has a date and signature from the finance company indicating that the loan is paid in full and the lien is released.

For all the other cars I have financed over the years, it has been the same exact procedure.

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#24 Consumer Comment

An education would help Bob greatly

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

POSTED: Sunday, December 04, 2005

Start with the fact that there is no city in Arizona, called Arizona. Since Bob has no idea where he actually is, I'll waive any further insults to his state of mind.

The title to the car is held by the lender untill it's paid. The Deed to any piece of property is also held by the lender untill it's paid.

Bob is an idiot.

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#23 Consumer Comment

An education would help Bob greatly

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

POSTED: Sunday, December 04, 2005

Start with the fact that there is no city in Arizona, called Arizona. Since Bob has no idea where he actually is, I'll waive any further insults to his state of mind.

The title to the car is held by the lender untill it's paid. The Deed to any piece of property is also held by the lender untill it's paid.

Bob is an idiot.

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#22 Consumer Comment

An education would help Bob greatly

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

POSTED: Sunday, December 04, 2005

Start with the fact that there is no city in Arizona, called Arizona. Since Bob has no idea where he actually is, I'll waive any further insults to his state of mind.

The title to the car is held by the lender untill it's paid. The Deed to any piece of property is also held by the lender untill it's paid.

Bob is an idiot.

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#21 Consumer Comment

An education would help Bob greatly

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

POSTED: Sunday, December 04, 2005

Start with the fact that there is no city in Arizona, called Arizona. Since Bob has no idea where he actually is, I'll waive any further insults to his state of mind.

The title to the car is held by the lender untill it's paid. The Deed to any piece of property is also held by the lender untill it's paid.

Bob is an idiot.

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#20 Consumer Comment

Too funny indeed.

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

POSTED: Sunday, December 04, 2005

Talk about dumb.

If countrywide were to go bankrupt for any reason (say a large class action lawsuit), you lose your trailer and you have no recourse.

Ha ha ha, talk about funny.

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#19 Consumer Comment

HUH?!?!?!

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

POSTED: Saturday, December 03, 2005

The lender ALWAYS holds the title to the car. If the purchaser had the title in their own possession, what would be the motivating factor for paying it off?

The bank held the title on my Chrysler untill I paid it off. A few weeks later, I got it. Before that, Chrysler Financial held it on another car. Same thing happened after it was paid. Guess what Bob? Countrywide hold the DEED to my property in NC. What is recorded in the Courthouse is a COPY, not the original.

You're too funny man.

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#18 Consumer Comment

Doh!

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

POSTED: Saturday, December 03, 2005

I know of no finance company or lender of any kind that keeps the title to any secured thing. This is for the simple reason then they would be liable if the driver did any thing wrong or illegal. The only exception is when a vehicle is leased and even then, a lot of companies transfer half the title.

Usually what happens is they put a lien on the title. Only an idiot would keep the title. For example, if the driver smashed into someone else and that person was "injured" the title holder would be entirely liable for the injuries, for compensation, for collateral damage, and possible for a punative award.

If the finance company truly did retain the title, the OP needs to file a claim agianst Cottman's for any monies that she paid as she was not the owner of the vehicle. Additionally, then Cottmans' was not authorized by the "owner" to perform any work on the vehicle and under most laws and NC has some really good ones, Cottmans can not charge for any work performed. This is especially true if they "KNEW" that the OP was not the owner.

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#17 Consumer Comment

I'm sorry but the OP DIDN'T own the car.

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

POSTED: Thursday, December 01, 2005

At that time the finance company did. (They held the TITLE)

From your reasoning I should be worried because when I worked at a convenience store in TX, some guy was having trouble with his car, and left it in our parking lot, saying he would be back in a couple of days with a tow truck. After about a week the OWNER of the car (whom had went through the paperwork for repo,) came in and asked how long the car had been there, I told him and he had his tow company repo the car.

Until you have the TITLE in your hand. You are NOT the OWNER!

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#16 Consumer Comment

Hmm, interesting

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

POSTED: Thursday, December 01, 2005

Just my observations:

This is the second complaint on this particular shop here in rip off reports (they had the second one).

That apparently no state is immune to complaints as there are (currently) 109 reports on Cottman's.

Apparently there is a second Cottman's in Charlotte and there is a complaint about them as well.

Assume that only 10 percent of the complains are valid, that would mean that (rounding up) 11 times people were ripped off by this company.

Since you had control and dominion over the mini van and you allowed someone else to take it and not the owner without written permission of the owner, you may be liable for the cost to replace that van.

Additionally, if the finance company paid you for the vehicle and the OP did as well, you may be charged with fruad.

Finally, it is my understanding from the finance company that you called them and told them that the owner was not going to pay for the repairs and that the storage fees were adding up and that you would not be releasing the van until those fees were paid. Hence the finance, in order to mitigate its circumstances, repoed the vehicle to stop the fees.

The finance company should have contacted the owner and given her a chance to explain before repoing. It looks like a good attorney is going to have fun with this one. Even assuming the OP is not entirely correct in her recolections, the US Supreme Court has given her the status of "least sophisticated consumer" and she only has to live up to those limited standards. Business' on the other hand are held to a higher standard.

Even if you "did nothing wrong" a court could find that you facilitated the finance company's wrongful repoing of the mini van and hold you partially responsible.

Now really finally, most states require you to notify the owner in writing of your intentions and if you did not do that, you may be liable.

You should contact your attorney right away and get some legal advice because NC has some very strong consumer laws.

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#15 Consumer Suggestion

Good Luck, Lynn

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

POSTED: Thursday, December 01, 2005

Lynn,

I have read all of your responses in great detail. Your side of the story does sound a lot more realistic than the girl who filed the report against you. However, you did make a statement or 2 that I would like to take issue with.

First off your comment " First to the lady with the recovery service, no this is not our normal "MO". Neither of us has a brother in the repo business. All of our brothers, sisters, and children are degreed, professional persons. I myself have retired with 27 years of experience as a health care professional.

I, myself hold a business degree from Harvard Business School. My siblings range from a very prominent New York City Attorney to a 21 year Pilot for the largest carrier in the United States. What does that mean? It certainly has no reflection on myself or my business ethics. You really made it sound like anyone whom should happen to be in the recovery business must certainly be an idiot with a 4th grade education at best.

I am very happy you were a health care provider for 27 years. That is an honorable profession, it truly is. I am still unsure as to how that helps the integrity of yourself and or your husband, but good for you Lynn I am sure a lot of people were glad you were there for them!

Secondly, I am sure that you are unaware, and I know that you were simply trying to defend yourself as you have every right to, but in some states, perhaps all states, discussing a financial matter in such great detail with a 3ird party or in this case with anyone whom should read it is highly against consumer law.

This person is not happy she lost her van, who would be? However, to use her finance companies name, her first and last name, and the other great details you offered up that she did not, here in Colorado would be a very self destructive act, and face it Lynn, she sounds like she is out to get you right or wrong. She IS looking for a lawsuit, please do not hand her one.

I understand that Cottman gives free estimates as I have had one of my tow trucks repaired there. I myself had no trouble. You are correct in saying that they give you a free estimate and then the ball is in your court. Take it or tow it, simple as that. I would also be remiss in not saying that when I took my Chevy 2500 in they DID give my the estimate in writing and when they encountered another problem, I was called up IMMEDIATELY and asked me to return to the store and sign the new estimate before they could continue the repairs. (That was the LAST time I tried to repo a Ford Excursion with that truck I can tell you that much, doh!) I was informed at that time that they would need up front, and the rest in cash, credit card, company check or personal check upon completion.

They were exactly 129.00 to the good of the estimate they gave me, and I have had no other transmission trouble on that particular truck since. I would also like to add that the Chevy dealer DID charge me 250.00 to look at it and they actually were about 600.00 more expensive than Cottman was.

As I said in the beginning, your story certainly holds a lot more truths in it than hers did. There will always be 2, sometimes 3 sides (Your side, my side and the truth) to every story.

I believe you tried to work with her. 15.00 a day is not a bad storage fee, I myself get 35.00.
Just remember the golden rule; No good deed goes unpunished.

Good luck in this matter. I would be willing to bet, you have not seen or heard the last of our poor, poor taken advantage of friend.

And itn't courious she has never came back to post a rebuttal?

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#14 Consumer Comment

OUCH! I wasn't laughing at anyone's loss!

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

POSTED: Wednesday, November 16, 2005

I was laughing at your responses. About the wonderful warranties and how Cottman's cares for their customers. I feel sorry for the OP, but, timing is everything, and it looks like her timing was off. (That's a pun Robert).

So, no I wasn't laughing at her. It was you! lol

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#13 Consumer Comment

OUCH! I wasn't laughing at anyone's loss!

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

POSTED: Wednesday, November 16, 2005

I was laughing at your responses. About the wonderful warranties and how Cottman's cares for their customers. I feel sorry for the OP, but, timing is everything, and it looks like her timing was off. (That's a pun Robert).

So, no I wasn't laughing at her. It was you! lol

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#12 Consumer Comment

OUCH! I wasn't laughing at anyone's loss!

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

POSTED: Wednesday, November 16, 2005

I was laughing at your responses. About the wonderful warranties and how Cottman's cares for their customers. I feel sorry for the OP, but, timing is everything, and it looks like her timing was off. (That's a pun Robert).

So, no I wasn't laughing at her. It was you! lol

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#11 Consumer Comment

The OP has no claim against you

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

POSTED: Tuesday, November 15, 2005

Thank you Lynn

That did clarify what I found unusual. The way you approached the issue originally made it look like the company financing the transmission sent you a check, and then the lien holder for the van sent a wrecker. Now you say the lien holder sent you payment for the rebuild.

Very good. The OP has no claim against you.

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#10 UPDATE Employee

Robert you misread

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

POSTED: Tuesday, November 15, 2005

You misread how all of this happened. The finance company sent a check with the recovery service to pay for the full repair. The transmission had been rebuilt and the customer called several times over a
2 week plus period of time to come pick the car up. She could not come up with the money. Please read the entire rebuttle from Cottman, this should clarify everything. The FINANCE COMPANY decided to have the vehicle picked up. We had no right to hold it once they issued the order for pick up. If this lady had come in when called that her car was ready for delivery NONE of this would be going on.

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#9 UPDATE Employee

Would be filthy rich if what you say is so, Dave

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

POSTED: Tuesday, November 15, 2005

Dave I am sorry that you have had a bad experience with a Cottman Transmission. At one time my husband and I owned a center. We sold out and went to work for another owner because we did honor our warranties. The builder that we had had no transmissions come back, but unfortunately when you take over a center you are also reponsible for any problems that come back to that location.

Our decision to sell and work for someone else was because in the first five months, we found ourselves repairing transmissions that had come from not only our center, but another center owned by the same person that had owned ours.

I realize that in any business, there are going to be good experiences and bad ones. As I said in an earlier reply, I worked in healther care for 27 years and 5 different hospitals and for different phycicians that were affiliated with those hospitals. Please be advised that not all people are pleased with the services they feel are rendered by those facilities and professionals.
Just plainly you "can't please all the people all the time". Cottman Transmission runs a 97% satisfaction ratio. Most physcians don't have that amount of satisfied patients.

But thank you for calling my replies eloquent. My deceased grandmother, who taught English for 30 years would be proud of that compliment. By the way I have a BS from Brigham Young University and a MS from Duke so to the "take back" lady, I promise I will never be flipping burgers at any fast food chain, if I never worked another day. Sorry that you have to.

And Dave, I am sorry that you have no better source of entertainment than the need to laugh at someone else's loss.

I feel badly for the lady that lost her car. Unfortunately that was out of my hands when she decided to ask for repairs she knew she could not pay for.

For the last while I have been paying the owner of this Cottman out of MY pocket for these repairs that are financed and letting my money come back at a slow pace. But after this incident and the ungratelfullness of those that "don't have", now I will screen future applicants more thorough than I have in the past.

This will probably be my last response unless someone else wants to know something. I do not have to justify any action that was taken. She brought her car in for repair, gave the authoriztions to do so and they were done. It was her delima she had no money.

Lynn Poplin

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#8 Consumer Comment

I think Cottman has more explaining to do

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

POSTED: Tuesday, November 15, 2005

What I fail to see, is why Cottman would allow a vehicle with an unpaid invoice to be removed from the property.

I am from NC, and at my shop up there, if a repo man tried to steal a vehicle from my lot, he would be arrested and charged with theft. As long as the vehicle is secured in my lot, and I have an open work order, the vehicle is in my care. If there is an issue with the Finance Company that holds the lien on the vehicle, they can pay me for the vehicle and then repo it.

This is exactly how it works. I had one car stolen from my lot one night. When the authorities were finished with the repo man, so was his business. Stealing cars is a no-no. I had another one that waited untill the repairs were done, then showed up with a check from the lien holder for the repairs that the customer could not cover. At that point, I allowed him to take the vehicle, with the customer standing right there.

Why would Cottman allow the van to be taken without payment in full? I get the feeling that Cottman got $1400 from the finance company they use for the transmission, and let the lien holder take it as is...NOT repaired. Cottman already admitted they didn't think the customer would come up with her 1/2 of the money. It takes them about 1/2 day to swap the transmissions. ALL tranny shops pull a good one off the shelf and rebuild the bad one as time permits. They could sit on the van for a few days to see if the customer has the money, and if not, take the money their own finance company sends them. The customer is the one who's going to be hit with the $1400 bill.

Seems like a shady way to make a quick $1400 to me. I just cannot believe a shop owner would let a repo man take the van any other way.

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#7 Consumer Comment

Just one more thing...

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

POSTED: Tuesday, November 15, 2005

Sorry, just one last thing.

My side hurts from laughing so hard. You are so full of crap it's beyond funny.

Are you aware of the 100's of complaints on the internet about Cottman's Transmission? Over 100 on this site alone! You can say whatever you want, but the facts outweigh your eloquent responses.

Cottman's is a rip-off, and, most of them don't know what in the hell they are doing. The same complaints surface over and over again. How can you sit there and say the things you do knowing that that the complaints against Cottman's are adding up every day?

They won't honor their warranties, they can't fix the problem, they overcharged by hundreds of dollars, they charge for non-existent repairs.. the list goes on. Cottman's is a rip-off and nothing you can say will ever change that.

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#6 UPDATE Employee

Customers well informed

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

POSTED: Monday, November 14, 2005

This comes in response to the gentleman's question re: the process after the $395.00 (RCI) has been authorized.

Cutomers are told that if indeed we do the rebuild on the transmission the $395.00 RCI fee is part of the total rebuild amount not an extra charge. If the customer decides that after the transmission has been torn apart, we diagnosis and figure the cost of the rebuild, for whatever reason they do not want to proceed, we will do a couple of things. One is to reassemble the transmission and reinstall it in the vehicle. With this we always place new gaskets in it and fill it with new transmission fluid. Ocassionally we will have a customer that requests that we just place all the pieces into a box and return it to them that way.

At this time I feel I need to say that Cottman Transmission has a very rigid code of ethics and that is what has kept them in business since 1962. With over 400 centers in the United States, including Alaska and Puerto Rico, we must be doing something right.

Of course with any business you are never going to be able to satisfy everyone, but we certainly try.

Other facts about a Cottman Transmission Rebuild is that each customer is given a 24 momth/24,000 mile, whichever comes first, NATIONWIDE warranty. This warranty not only covers the parts, but labor as well.

I have only been working with Cottman for about a year and a half, but I will say that the business practices are fair and sometimes the center managers and owners go overboard to help. At our centers, we have even replaced electronic components to see if that will resolve the issue before charging the RCI fee. We let these customers take the cars and drive them at no charge up front. If this fixes the car, then the customer pays, if not we remove the electronic component and look further for the problem.

I just can't see that Joe or the owner of this store did anything unethical. Neither did I.

Cottman has always prided itself on taking the diagnosis and reapir process in several different steps so that the customer is always aware of what the cost is before authoriztion for any repair is received.

I hope this clarifies any questions. If you would like or need more information. I am now checking this site regularly, please fee free to ask.

Lynn Poplin

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#5 Consumer Comment

Just one question

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

POSTED: Monday, November 14, 2005

I am not taking sides on this at all, although Cottman's reply does make sense.

However, do you EVER explain to the customer that this '375.00 diagnostic fee', will never be $375.00, because once you've torn that trans down, you have to pretty much rebuild it anyway, regardless. My son got roped into that with Cottmans. He told them to put it back together, and they said they can't without rebuilding it. What a crock. The trans was leaking, not slipping, and they mislead him to believe that this would be all he would have to pay.

Just wondering...

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#4 UPDATE Employee

Not Auto Theft; Legal unfortunate business transaction

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

POSTED: Sunday, November 13, 2005

In reponse to Ms. Octavia Macks's statement above, please let me clarify what actually did happen. I am able to do this with proper documentation and authorization for each action we took at Cottman Transmission on South Blvd in Charlotte, NC.

First to the lady with the recovery service, no this is not our normal "MO". Neither of us has a brother in the repo business. All of our brothers, sisters, and children are degreed, professional persons. I myself have retired with 27 years of experience as a healthcare professional.

Next to the gentleman that requested more info on the vehicle in question, it was a 2000 Ford Windstar Van with 64,955 miles.

Please let me say to Ms. Mack that it is most unfortunate that her car was recovered by American Recovery Specialists of Charlotte. They are at no fault in this matter either, they were simply acting on request and hire of Centrix Financial to recover the vehicle in question.

Ms. Mack has confused some of the events that took place. I hope that she truly misunderstood and is not maliciously saying things that are not true about my husband, Joe and me. Joe has been with Cottman for 9 years and has had an impecable record with them. This is the 1st complaint lodged against his business practices in that time frame.

Ms. Mack brought the car in to our center on September 12, 2005 for a free transmission check that is offered to anyone that comes in for it. As most people know the same diagnostic testing at the dealer is in excess of $100.00. She brought the car in with a compaint of her check engine light being on and the car shaking, with the RPMs reving, known as "flaring", a sign of a possible transmission problem.

While the diagnostic testing was being done, she asked (and I am not sure verbatim the questions and answers given) about the cost of repair. She states that she was given an exact figure to fix the car. Not the $800.00 that she states in one complaint, but a figure of $395.00 which is to remove the transmission from the car, have a builder tear it completely apart and decide what parts need to be replaced. Authorization for this charge was given to us by her giving Joe the last 4 digits of her social security number(which only we could have documented with he giving them to him), but she also signed the authorization for this charge.

As most people are at a time when they are told that there is damage to the transmission, cost is always their first concern. I have heard Joe with EVERY customer tell them if it is a minor repair you might get out for a few hundred dollars or if it is a major internal repair, it could run 2-3 thousand dollars depending on the car and type of transmission and of course the amount of damage done and the parts that need to be replaced.

All along Ms. Mack had concerns of where she was going to get the money for the repairs and she was informed of our inhouse financing. She was told she would have to come in for me to gather some information and determine if I could finance the balance of the repair for her. We spoke on the phone on several occasions and she said she was having trouble coming up with the money. She told me she was new to the area and knew no one to help her. I have all dates, times and content of all phone contact with her.

Even though she knew she was going to have diffuculty obtaing the funds to fix her car, she was quoted a price for the rebuilding of her transmission, $2296.06 plus tax on the parts. There is also a one time convenience fee for financing the balance. Her half down would have been $1400.00. She then gave us authorization to repair the transmission, saying she did not know where she was going to get the monies, but she needed her car repaired so for us to continue with the repairs. Authorization for this was obtained by her giving us her driver's license number, again something we would have had no way of knowing without her giving it to us. She was told her car would be ready in 48-72 hours. Here is where the confusion comes in.

We have signs posted and tell all our customers that due to liability issues, with limited parking and not being able to lock all cars inside the garage bays that a storage fee of $15.00 will start to accrue 72 hours AFTER the customer is contacted and informed their car has been repaired and is ready to be picked up.

When we did contact Ms. Mack, it was back and forth with her and me as to the fact she had no money and did not know what to do. I did ask her if she had tried a bank loan, credit card extension or even the finance company that held the original note on the car. She said she had tried all of those and asked me if I would call the finance company and let them know that the car was actually there and had been repaired, that maybe they would react better to us than they had toward her. She gave me the name of the company, the toll free number for them and even her account number.

Now please let me say this, I did not call to have her car picked up. That is not the business we are in. Our business is to repair transmissions. I had nothing to do with the fact that they sent for the car,

I had already decided that if she could not come up with the down payment for financing, that I could not help her either. We finance with half down and the balance to be paid over a six week period of time. We use ONTIME systems in our financed cars and the customers are made aware that if the payment is not made by a certain date their car will be enabled and will not crank until a payment is made. I felt if she could not come up with half, she couldn't make the remainder of the payments on time.

As to the phone call to the finance company, which is Centrix, I NEVER spoke directly with anyone. On September 26, I called them explained Ms. Mack's dilemma to the person that answered the phone and she passed me on to another person, Troy, and I got his voice mail. The message that I left was that she had the car there and needed help to pay for the repairs, I told them I was trying to help her, because her car was starting to accrue storage. I told him to please call back as soon as he could, because my husband and I had just bulit a new house, we had to close on it the 28th and would be out of the office the rest of the week to move.

I was out of the office when the finance company called Joe and told him they would be sending us a chck by courier. We thought it was to pay for the repairs. On Fiday the 30th the courier came with the check from the recovery company and presented the owner of the center with a Hold Harmless Agreement. He had no right to hold the car. He released to the recovery company.

On Monday when Joe went back into work, Ms, Mack came in with $1400.00 and wanted to finance her van. He had no idea the car was gone.

Another fact that is incorrect in this report is that she plans to get the media involved. On October 17, I received a letter along with a complaint from Don Griffin, Action9 reporter with WSOC TV in Charlotte asking us to reply to the allegations. I responed with all our documentation and the case was dimissed unfounded.

I feel it very unfortunate that Ms. Mack had to go through this ordeal. I especially hated that she called attention to the fact that she was black. I could care less. The last 7 years of my employment as a Triage Nurse in a 9 doctor pediatric office, working solely with the hispanic poplulation shows that I have concerns for all races, to me there is only 1 race the human race.

After being told of this ripoff report I placed a call again to the finance company to question why they decided to pick up the car. I was told that since the cost of the repair was more than the balance owing on the note, they did not want the car to sit and accrue storage for 30 days, then us file a mechanic's lein for the right to sell the car for repair cost. This is what the customer was told, that if she could not pick up the car within 30 days after 72 hours of the repairs being completed, that we would start accruing storage @ $15.00 per day for 30 days and then apply for the mechanic's lein. I did not even add the storage, I was trying to work with her. This is where I think she either did not understand what would happen if she could not pay for the authorized repair.

It is unfortunate that this happened, I did not make the decision for the finance company to pick up her car. This is just an example of where trying to help someone, give good customer service backfired. It makes me leary of doing anything extra to try to help another customer. From now on, I will just expect the customer to pay and if they cant qualify for inhouse financing, then the transaction will just have to follow the 30 rule and apply for leins to satisfy the debt.

Ms. Mack needs to look up the word slander in the dictionary. Often things like this can lead to our day in court.

Hope this clarifies the situation for all who might read this. I welcome questions about this and can if needed furnish the proper documentation to anyone that needs to see it.

Lynn Poplin
Office Manager/Finance Consultant
Cottman Transmission
5514 South Blvd
Charlotte, NC 28215

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#3 Consumer Comment

Year, make, model, and cost of repairs?

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

POSTED: Friday, November 11, 2005

It would be more helpfull for those of us in the automotive business if you would include the year, make, and model of your vehicle, and the type of repairs. Thanks

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#2 Consumer Comment

About Cottman Transmission in Charlotte, NC - fraud?

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

POSTED: Friday, November 11, 2005

I regulary check this website to see what companies in my area have had questions arise about their practices, and when I came across this post, I was really shocked! A few months ago I took my Jeep into the same shop this woman took her car to, and dealt with Mr. and Mrs. Poplin both. I actually found it a very easy situation to be in. I was worried too about the money since I am a single mother as well. I too had to have money financed for the repair. Both Mr. and Mrs. Poplin explained everything in detail what would happen to the point of telling me that best case scenario the work would cost a few hundred dollars and worst case it could go as high as 3500 if the entire thing needed to be rebuilt, so I knew what I was in for, and told them to go ahead and repair it.

I came up with the half that I needed through what I had, what my family could give, and the rest they were willing to help me with. I within 5 days had my car back. (it could have been sooner, but I needed a few extra days to get money together, and they agreed to wait) MRs. Poplin financed the balance for me, and i was even late a few times with my payments, but she never seemed hard to deal with.

As far as the original post about race, I am a black woman too, and I never felt that was an issue. As a matter of fact my kids were running around wwhile i was trying to sign paperwork, and she picked my daughter up and talked to her while i finished. I cant see where anyone could have a bad experience there.

IT seems that someone may have a personal issue with this company or something, but here I was with little to no money to spend, and they helped me anyway they could. Noone likes to spend money (especially when you dont have it) but if you ask someone to do something, you should at least try to hold up your end of the deal.

I was not there, so I cant speak for the person leaving the origianl post, but I can only speak for myself saying that my experience with the same exact shop, and the same people was a complete opposite one than her. I honestly feel that I got a fair deal, good work ( my jeep is still running fine, and would go back everytime. Especially now that I know they will finance half of the repair is i need them to.

Like the person that responded before me, it seems odd to me that a car was reposesed because "a machanics wife told them too"???? I dont think so...there must have been other issues involved for them to do that. Just my opinion....

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#1 Consumer Suggestion

Auto Theft? Maybe..read on

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

POSTED: Friday, October 28, 2005

Being in the repo business for the past 2 years I am real confused about your story. Repo laws are all basically the same in each and every state as I do go out of state to repo.

To start with I have no idea why a repair shop would ask you for the name of your finance company and even less of an idea of why you would provide that information to them.

A finance company can not send a repo. order out on any vehicle unless:
1) You are delinquent on payments, some finance companies send the order out if the customer is 1 day late while I have had repo. orders on vehicles that a payment has not been made in 90 days, depends on the finance company.
2) You fail to carry the required insurance on it.
3) The vehicle has been used in the commission of a felony.
4) The vehicle is in police impoundment and even then certain criteria MUST be met.
5) It is a "straw deal" meaning that say you went to the car lot to buy the vehicle, took the car put 1000.00 down for of the deposit, promise to be back in 2 days to put the rest of the down payment down and don't show. CAR LOT not REPAIR SHOP
6) In some rare cases I have repo'd cars that were in the custody of a 3ird party, meaning the debtor has let a friend or relative use it who was not on the contract or insurance.
7) The vehicles registration and or tags are not up to date

Those are the basic 7 reasons cars get repo'd. Usually though it is mostly from lack of payment.

A finance company, A LEGITIMATE finance company will not send out an order of repossession because a car is in a shop. If that were the case there would be more cars up for repo than there would be repo people to get them.

IF you were not delinquent with your payments, IF you have proof you were up to date, IF you had the required insurance (depending on the year of the van it could be full coverage, it could be liability) and you have proof that the insurance was up to date, and the tags and registration are up to date, you my friend have more going for you than you know.

First of all you need to know what repo. Company took your van. I am sure that is where you went to collect your personal effects that were in the van at the time of the repo. If your payments were up to date, tags, registration, insurance all good, you have a claim against the repo company. They can not take a car because someone at a transmission shop calls them to come and get it. The order has to come out from the finance company and you should have been provided with a copy of that order when you went to the repo company, if not go back and demand one. That is called theft. If a repo person takes a vehicle without a formal repo order, they simply have stolen your van. Call the local police department where the van was taken from and ask if it was called in as a repo. You will need the V.I.N. Number to do this. If it was not called in, you have them for that as well. I have seen illegal repos. Done from other companies in my area, and I have seen them pay fines (minimum of 50,000.00) PLUS have to pay the owner of the illegal repo. up to the same amount.

Secondly, the finance company CAN NOT send out an order of repo. because someone calls them and says that they have your van and they do not think you can pay the repair charges. That can also cause a LARGE fine to the finance company as well as a little thicker wallet for you. as long as your obligations were met with the payments, insurance tags and registration, it doesn't make any difference if they had the van for 10 years,

Next did you sign a paper giving this person at the transmission shop permission to do what ever work he felt he wanted to do? Or was it a verbal contract. A verbal contract is worth zip. As the charges went up, he should have had you come in and sign the work order accepting the new charges.

The bottom line? If you are 100% in the right, that makes them 100% in the wrong. You can file auto theft against the repo. Person, and the repo. Company for a bad pick up. You can take this dog at the transmission place to court and clean his clock. Sounds to me that he has a brother in the repo. Business. If the finance company sent out a order and you are once again 100% in the right I would clean their clock so well that my NEXT car would be a 2006 what ever I wanted to drive on them. If the repo. Company did call it into the police department you can ask the police department who phoned it in, that way you will have the drivers name and know exactly who to press charges on.

I hope that this will give you a little foundation to start. I have seen something like this take place before but it was only because the payments were late, so you my friend have the Lord and the Law on your side, again if you are 100% in the right and can prove it.

Go get them girl. However on a personal note, if you feel that this was done to you because of your gender and or race it might serve you well to look into records and see if this is this "persons" MO. If it is I would contact the chain's HQ with my proof and make sure that the only job this man and his wife ever get is flipping burgers at Wendy's.

Good Luck and God Bless.

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