• Report: #106891
Complaint Review:


  • Submitted: Fri, September 03, 2004
  • Updated: Thu, July 31, 2008

  • Reported By:Scottsdale Arizona
4020 E Indian School Road Phoenix, Arizona U.S.A.

DriveTime - Ugly Duckling sold vehicle with open recalls charged me for repairs Phoenix Arizona

*REBUTTAL Individual responds: Things Gerri left out!!!

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In late November 2003, I purchased a vehicle from the DriveTime dealership at 9650 N. 19th Avenue, Phoenix AZ. I discovered that I paid $4000 over the blue book value with a loan at 20.9%.

On August 9, 2004, I had my vehicle towed to the DriveTime repair facility at 4515 East Miami, Phoenix AZ. The timing belt broke while driving at 65 mph on the freeway, with myself and my son in the vehicle. This resulted in an instantaneous and complete loss of power in my vehicle.

Initially, Mario Abukhader told me he was going to replace the engine with a used, not rebuilt, engine with 13,000 more miles than the original engine. He continues to insist that he made that decision because I told him it needed a new engine. This information was false, as I am not a mechanic and no repair shop had performed any repairs. I simply told him that the timing belt broke and it may have damaged the engine, and told him who the source of that information was. My many requests for information about the diagnosis of the problem went unanswered.

On August 19th, ten days later, I was told by Mario that he had decided to pull the head and send it out to see if it could be rebuilt. On August 26th, eighteen days after my vehicle was towed to DriveTime, I was told the engine could be rebuilt, and would save me $400.00.

On August 27th, I delivered a cashier's check for $900.00 for the repairs. On August 31st, Mario contacted Chapman Isuzu. Chapman contacted Isuzu Motors of America, and Isuzu Motors of America agreed to cover all repairs under the manufacturer's warranty, since the timing belt is a recall item. This occurred 23 days after my vehicle was towed to the DriveTime repair facility. I was contacted by Angela Powell, Regional Mediator and was told there was great news! DriveTime was going to save me some additional money; my portion is only $497.00!

She failed to mention that Chapman is doing all of the work for free though. When she called to tell me the new cost was $497, she did not disclose that what I was paying for was the cost DriveTime had originally agreed to split with me. The machine shop, the towing, etc. has now become MY expense.

There are FOUR outstanding recalls on the vehicle sold to me. These recalls, as described by the National Highway Traffic Safety Administration/Office of Defects Information website, cover the timing belt, the brakes, the rear seat belt bolts, and the rear axle. It specifically states that the consequence of not having the work done could 1) cause the engine could stall while driving and will not restart (timing belt) which is what happened to me on the freeway, 2) that extended stopping distance could result which increases the risk of a crash (ABS brakes), 3) the rear seat belts would not provide adequate protection in the event of a crash (seat belts). There is no current legislation in Arizona regarding the disclosure by the seller to the buyer of such recalls.

Experian does NOT include recall information, CarFax does. You can also call the manufacturer with the VIN and get the same information.

A breach of the warranty of merchantability did occur. Arizona ARS 44-1267( c ) states that the implied warranty of merchantability is met if the motor vehicle functions in a safe condition as provided in title 28, chapter 3, article 16 and is substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation on any public highway.

It further states in ARS 44-1267(e) that if the implied warranty of merchantability described in this section is breached, the purchaser shall give reasonable notice to the seller. Before the purchaser exercises any other remedies under title 47, chapter 2, the seller shall have a reasonable opportunity to repair the vehicle. The purchaser shall pay one-half of the cost of the first two repairs necessary to bring the vehicle in compliance with the warranty. The purchaser's payments are limited to a maximum payment of twenty-five dollars for each repair.

The Federal Trade Commission states A breach occurs only if the buyer can prove that a defect existed at the time of sale. I will secure an affidavit from Isuzu Motors of America that states that all safety recalls were open on my vehicle on November 29, 2003.

I am a single parent, and have lived without my vehicle for 27 days. I have had to pay for transportation to and from work, and finally had to rent a car so I can visit my mother, who is in poor health and living in Cottonwood, Arizona. I was told when I purchased the vehicle that DriveTime researched the car's history and that if I needed major repairs we can help you out. However, when I needed to replace my clutch in May and the tires in June, DriveTime was unable to provide assistance. DriveTime sold me an unsafe vehicle, and then attempted to charge me to replace the engine with a used engine when it was possible for it to be rebuilt, and then charged me again when Isuzu has agreed to cover the repairs.

Scottsdale, Arizona

Click here to read other Rip Off Reports on Drive Time, formally known as Ugly Duckling which is registered under the same ownership.

This report was posted on Ripoff Report on 09/03/2004 03:21 PM and is a permanent record located here: http://www.ripoffreport.com/reports/drivetime/phoenix-arizona-85018/drivetime-ugly-duckling-sold-vehicle-with-open-recalls-charged-me-for-repairs-phoenix-ar-106891. 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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#1 REBUTTAL Individual responds

Things Gerri left out!!!

AUTHOR: Mario Abukhader - (U.S.A.)

My name has been battered for the last 4 years now and Drivetime never allowed me to repond to Gerri's allogations who has left so much out of the story.

When I recieved the call from Gerri she had informed me that her vehicle was already in pieces and just sitting at another shop completely torn down. Drivetime
paid for the towing to get the vehicle to our shop. Gerri was going to pay over $1,000.00 for a simple valve job which is not recommended with the miles that the vehicle acrued since purchase.

You see Gerri forgot to mention that she had owned her vehicle for nearly two years prior to my recieving a phone call from her. Drivetime offers payment plans(at the time of this incident) for mechanical repairs. We offered Gerri a 50/50 split with no obligation to her as a customer whatsoever. A used engine for half price with a 12 month 12,000 miles parts and labor garrantee. $950.00 her share for a garranteed motor.

Gerri agreed and was very thankful. A few days later she had called back and asked about a certain recall. I informed her that Drivetime does not have access to Dealership recalls. She then made the accusation that we sold her a vehicle with open recalls. After researching Gerri's concern. I learned that the recall came out well after Gerri purchased her vehicle. Also because she had an outside shop "NOT DRIVETIME" tear her vehicle apart this would void the recall status of her vehicle. I consulted with our local Suzuki Dealership whom we had a very good relationship with and they agreed to replace the engine we installed for Gerri with a Brand New Suzuki motor. The agreement was that I could not send them the engine in pieces. So out of courtesy to Gerri our valued customer. Drivetime refunded Gerri all monies she paid to us. We had acrued towing cost, cost to get her heads checked out, and a used motor not to mention the labor cost for all repairs performed.

Not a single penny came out of Gerri's pocket for anything Drivetime had spent. A normal customer who had defaulted their recall would not have recieved a new engine. But because we spent thousandths of dollars yearly at the Suzuki delaership they honored a recall. Gerri acted liked she had appreciated everything we had done for her. Now when people google my name this is what comes up. Half the story for a woman who had some other shop tear down her vehicle and recalls that as a customer you have the obligation to register your vehicle with the nearest dealership so the manufacturer can contact you in case there is a recall.

Thanks Gerri.
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