• Report: #145763
Complaint Review:

JD Byrider - CNAC

  • Submitted: Fri, June 10, 2005
  • Updated: Sat, June 11, 2005

  • Reported By:Lorain Ohio
JD Byrider - CNAC
Leavitt Rd. Amherst, Ohio U.S.A.

JD Byrider - CNAC Liars and Thieves Amherst Ohio

*Consumer Suggestion: Melissa, here is the lawsuit information. The lawsuit alleges that the local franchise engaged in multiple violations of the Kentucky Consumer Protection Act, as well as the federal Magnusson-Moss Warranty Act and Truth in Lending Act which harmed hundre.

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I heard that there was a lawsuit against JDBYRIDER. I want to know any information that I can about it.

My first visit to JD Byrider I was swindled into a 94 Dodge Neon... which I was told was actually a 96. When we financed it I was given one price but he ended up coming back with a lower one because it was apparently illegal to charge so much over the actual value or the bank wouldn't finance it that high or something.

I came back the next day and said I wanted to return the vehicle because they had lied about what year it was and other things but the lady was rude and refused to take it back even though they would keep my $500.00 down payment even though he apparently charged an extra $500 to the price of my car to counter that downpayment.

They said they would ruin my credit.I made regular payments-If I was late by a day they would call all my friends and relatives and threaten to repo. My car was covered under full insurance. About a year or so after my purchase I totaled the car. The insurance company stated that the initial value of the car (if it had been in better condition prior to the accident) was several thousands less (even with the $ I put into it)so they couldn't pay it off in full.

This is when the problems really started. I had to pay off the rest of my overcharged car. They told me that I would have to buy a severly over priced car and attach the price from the old car to it. I asked if the new car had been in an accident cause the paint looked funny but the salesman stated that it had been repainted because of a scratch.

That was a lie, of course, because I pulled it up later and saw that it had been in several accidents!! I signed for the car after I was told they would pay off the old car first then the payments would go toward the interest and principal of the new car.

I was making regular payments (really high ones too). By the time it was supposed to have been paid off they said I still owed the same amount! I checked my credit and saw that they had put the paid-off car negatively on my credit regardless of full, regular payments.

I took my car to a kia dealership to trade it in. They called the bank and were told that I was overcharged so much on the car that it was more than the price of a brand new kia and it was much more than the actual value of the car so no banks would do it.

At that time, I got in another car accident with my new car which I also had full coverage on. I recieved a check from progressive insurance (which is also a ripoff, by the way) for my car repair which needed to be signed off on by JDBYRIDER in order to cash it.

I found someone willing to fix the car for the little that I was given, but JDByrider REFUSED to sign off on it until I brought them the car and they visually inspected it. I tried to inform them that I could not take the fixed car away from the mechanic without paying or I would be arrested.

I signed the check and gave it to them. They never used the check to credit my account. I don't know what happened to the money. When the car stopped running, I called and told them to repo it they said that I would be charged for the damage that I had done to the car on top of the full price and interest.

I had lost my job because I had no way to work without a working vehicle. They picked it up and began the harassment again. They threatened that they would garnish my wages... I said "good luck, I don't have a job because of you".

They threatened to ruin my credit... I said "you already did". They said they would keep on harassing my family and they would sue me. I told them I would plead bankruptcy so to let me know when they filed a lawsuit so I could file bankruptcy. They said they would wait a few years until the bankruptcy was through before they filed a lawsuit so that I couldn't include them on it.

Well, they waited a few years... and almost won the suit but I filed for bankruptcy and the charges were dismissed. JDBYRIDER overcharges and lies and harasses people.

The new car I am planning to purchase from a dealership I pulled up online and researched the price, insurance costs and fuel efficiency before choosing and printed out the make, model, year and options along with prices to take with me to the dealership. Being swindled cost me a lot but taught me a valuable lesson.

Lorain, Ohio

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This report was posted on Ripoff Report on 06/10/2005 08:23 PM and is a permanent record located here: http://www.ripoffreport.com/reports/jd-byrider-cnac/amherst-ohio/jd-byrider-cnac-liars-and-thieves-amherst-ohio-145763. 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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Updates & Rebuttals
Melissa, here is the information on the JD Byrider lawsuits-there are more than one. In Kentucky:

News and Events
Stumbo Sues J.D. Byrider for Consumer Protection Act Violations. Seeks Refunds for Consumers and Civil Penalties.

FRANKFORT, KY (Thursday, December 16, 2004) Kentucky Attorney General Greg Stumbo today announced the filing of a Consumer Protection lawsuit against national used car dealership franchisor, J.D. Byrider, Inc. and the Louisville J.D. Byrider franchise owned by James Maguire. Both Maguire and his son, J. Marc Maguire, are named as defendants along with several corporations and limited liability companies (LLC's) owned and controlled by the Maguires. The suit was filed today in Jefferson Circuit Court.

The lawsuit alleges that the local franchise engaged in multiple violations of the Kentucky Consumer Protection Act, as well as the federal Magnusson-Moss Warranty Act and Truth in Lending Act which harmed hundreds of consumers.

The allegations include the following violations of law: failing to repair or correct vehicle defects under an implied warranty of merchantability as required by law; making unfair, false, misleading and deceptive statements that it had disclaimed all warranties when in fact it was prohibited from disclaiming such warranties as a matter of law; refusing to recognize customers' right to revoke acceptance of their contract as required by law; making false, misleading and deceptive statements that vehicles were certified or inspected when such was not the case; charging consumers unlawful deductibles for warranty repair work; requiring consumers to purchase credit life insurance and service contracts and failing to disclose these items as a cost of credit in violation of the federal Truth in Lending Act and state law; and offering unlawful inducements to consumers in the form of referral sales commissions in violation of Kentucky statutory law.

The complaint also alleges that the business model of the franchisor, utilized by the local franchise, unfairly makes consumers vulnerable to abusive sales tactics and is unlawful. The complaint alleges that the business model intentionally targets credit-vulnerable consumers, discourages consumers from choosing cars to purchase, hides or fails to disclose the purchase price, requires detailed financial information and a credit check before disclosing price, sells the payment to the consumer, and keeps consumers at the site of the local franchise for hours resulting in unfair contracts for consumers.

The complaint seeks restitution on behalf of consumers including those who were required to pay deductibles for warranty repairs that should have been performed at no cost due to the implied warranty of merchantability and for consumers who attempted to revoke acceptance of a substantially defective vehicle whose attempts were wrongfully denied by the defendants. The complaint alleges that the violations were willful and seeks civil penalties of $2,000 per violation.

The Attorney General's Office has been engaged in negotiations with the local franchise which has voluntarily made some positive changes in its operations addressing the practices noted in the complaint.

The Attorney General hopes to continue to pursue a resolution of all outstanding issues including consumer restitution during the course of the litigation.

For more information, please contact us at:
Office of the Attorney General
State Capitol, Suite 118
Frankfort, Kentucky 40601
(502) 696-5300

Any of this sound familiar Melissa????

Kentucky is ongoing-more information should be available soon. In Ohio: The lawsuit was settled in Feb. 2005 against all Ohio JD Byrider locations, fines exceeded $600,000. To view the summary of the suit go to: http://www.ag.state.oh.us/press_releases/2005/

Regarding the information they told you about filing bankruptcy. If you file BK 7 and list CNAC as a creditor included in the BK, they cannot come after you years later. The debt will be discharged-gone from your obligations. If you plan to file, do it soon because bankruptcy laws are changing-not in your favor.

Good luck in going after them!
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