The Car Company Manager (Derrick ?) Spot Delivery Scam Warsaw, Indiana

My husband was told on Dec 14TH by 'The Car Company' in Warsaw IN that he was approved for a loan through Teachers Credit Union for a newer truck. He asked several times and was told yes It's really approved, heres your new keys, congrats. He was then told he needed to sign a spot delivery. The manager was talking fast, my husband says there were 3 people there and basically lying about what this form was and seemed to be trying to push him out the door basically as he looks back on it all feels it was purposeful distraction so he would just sign. They said, 'this form is just saying that if you lied about anything on your application like not having a valid drivers license or not really having a job, the bank can change their mind and you will have to return the truck. My husband has never lied about anything and he believed what he was being told and signed it with out reading. 'Lesson one!

Fast forward 16 days and the call comes that financing fell through because he failed to fax them a pay stub! He was asked for one the day he 'purchased' but when he said he didnt have one on him they said "No big deal". He took that to mean 'dont really need one'. 

Now they are claiming that he said he would fax them one. I'm 100% sure that is a lie because my husband doesn't have a clue how to fax someone and knows we don't have a fax machine. Anyway, Derrick said that since he didn't provide this the bank now wants a co-signer and we had 1 hour and a half to get to the dealer with a co-signer. I was at the movies and so I had no way to get home and back over there and also we didn't have a co-signer. The place closed and that was that for Saturday.

Then comes Monday. I called them to ask what the problem was and Derrick was very rude once I said we dont have a co-signer. I tried to asked several ?s all answered very rudely. One such questions was "Was this loan approved"? Answer. YES, it was but they needed a check stub and now to much time has lapsed and the bank no longer has good faith in you and they wanted a co-signer. I don't take silly lies very well but in any case he said we needed to bring the truck back today.

My husband works 12 hour shifts 7am to 7pm and I told Derrick that we could not bring it back until Thursday Dec. 31st. My husband has that day off for the new year holiday. Derrick said "That truck better be back on my lot by the end of today or I am reporting it stolen"! I said. Well I guess you stole our trade in then too unless you want to try to convince the police that we donated it to you. Derrick got loud and obnoxious on the phone once more. Back on my lot before the end of the day or it gets reported stolen!

I said OK. I have all the paper work here proving that you gave us the keys and the truck is insured in our names proving it was not stolen and we will bring it back Thursday. We are not taking time off work at your beck and call. This whole deal is YOUR FAULT. Again, Derrick said I will report it stolen! Click!

I called Teachers Credit Union (Which just happens to be our bank for the past 20 years) and asked them if The Car Company ever submitted a loan application for this truck. After being on hold for several minutes we were told they never got one. Big surprise! Teachers Credit Union asked for the all the info relating to the car dealer, name, address, names of people dealt with. They are not happy that this place is telling people they are approved through their bank as part of the spot delivery scam. Teachers has since given me a written statement that they ever got an application. Mind you, the retail installment agreement list TCU as being the bank we are going to be paying our low payments, low interest rates to. The consumer protection laws cover us with this alone from what I can tell, but I am not a lawyer.

(6) That a specific price advantage exists as to such subject of a consumer transaction, if it does not and if the supplier knows or should reasonably know that it does not.
(7) That the supplier has a sponsorship, approval, or affiliation in such consumer transaction the supplier does not have, and which the supplier knows or should reasonably know that the supplier does not have."
They knew my husband was not and would not be approved thru TCU which is why they never actually submitted the loan ap. After speaking with TCU I  called Derrick the dealer back and he said that was not true and that he had the loan application right in front of him. I asked what the date on it was and Derrick said  Dec 17TH.

Well thats a little odd considering the loan was approved on the 14th! Derrick said 'Infact I submtted it to 6 banks!!" I said, Thanks for bowling our credit. Derrick said, applying for loans does not hurt your credit score" I replied... You have no idea what you are talking about as it most certainly does. Derrick doesn't like getting caught in lies and told me I  needed to stop getting all 'shitty' and this time I hung up on him.

We called the bank that our trade in is financed at and they assured us it was not paid off which now puts us nearly a month behind on that payment we missd when we THOUGHT we had no more obligations with that vehicle.

We also dropped insurance on it the day w got the 'new used' truck and covered the new one in full coverage. Derrick also mentioned before he hung up that he just might send a flat bed after the truck since I had mentioned the word 'lawyer'.

I told him, well it better have our trade in on the back of it when you pull in because your scam is not going to leave us with out a way to get to work.

Derrick likes to hang up on you when he feels pressure. Anyway. We humiliated and embarrassed about the whole thing. I drove my husband to work because he would be mortified if a flatbed showed up in front of all his co-workers and took the truck away. This whole experience has been sickening.

So now it is Dec 29Th and I has spent several hours looking in to all this and speaking with the Attorney Generals Office as well as Indiana Consumer Law group. We were advised that while we 'COULD' legally fight this, that it would take a very long time and The car Company could reposess the truck. We could hide it etc but who wants to live like that. So the lawyer said to just get it over as fast as possible then file complaints with the BBB, Attorney General and anyone else that came to mind like Ripoff report!

The lawyer advised us to ask the Car Company to fax us in writing that they would give us our trade in back when we returned the truck at issue. Derrick refused! He said that he never puts anything in writing and that we would get the truck back, they didnt want it and so on. If there was no issue in giving it back I don't see what the big deal would be in stating so. So thinking.. man this guy is a jerk... can't let him win that one. Sick of being treated like WE are the criminals here. So we called the bank that our loan was with for the Silverado we traded in and told the the whole story. Big surprise... they know all about this place and dont deal with them because of these kinds of deals and issues. The loan manager knew exactly who Derrick was and said she would be glad to help. So we told her what we wanted in writing and she called him and got him to fax her a letter of intent to return our truck to us upon our returning the 'scam truck'. Feeling good about that move! The loan officer was ready to tell Derrick if he had refused her request that she would just send a repo order and pick the truck up as it is dilinquent at this time and the bank still owns it. Delinquent due to us not believing we had any further obligations with that truck once we signed off and left it at the Car Company and drove off in the new truck all 'approved' and congratulated!

We returned the truck this evening with out incident and got our trade in back. Spot deliveries are indeed scams in which dealers will yo yo finance etc. Lots of info online about them and I would suggest no one ever signs one. The Car Company has 32 complaints with the BBB in the past 36 months and various other complaints. The manager was rude and treated us like criminals. This was the worst car buying experience one could have. There were plenty of other lies Derrick told me but I am tired of thinking about it anymore.