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Report: #1368656

Complaint Review: Marietta Toyota - Marietta Georgia

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  • Reported By: Stephanie — Marietta Georgia U.S.A.
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  • Marietta Toyota 750 Cobb Pkwy S Marietta, Georgia USA

Marietta Toyota Trying to Get me to Commit Forgery Marietta Georgia

*Author of original report: All i want is my money

*Consumer Comment: Information

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Car buying nightmare from HELL! I came into Marietta Toyota to purchase a 2017 Camry. I already had an approved loan through Capital one which I was currently using for my 2010 Camry. Capital one had advised me that if I wanted to keep my 2010 they would also finance my 2017 but since I had no need to drive to cars I did a trade in. My loan was for $25,000 so that was enough to cover my balance and the new car. Keep in mind my loan for the 2010 was only in my name which I have proof of. Everything went good until about 2 weeks later when I realize they had scammed an extra $302.07 from me. The loan amount included my pay off amount but two days after a payment was token out of my account. I called Capital one because I thought that would be something on their end but they told me that Marietta Toyota knew that a payment was coming out and shouldn’t have included that amount in my contract. So, this is when the nightmare started I called Marietta Toyota about my payment then they tell me that the title has two people name on it. I said that is not true because the loan is in my name and it should only be in my name. They told me when I refinanced my car Capital One never made a new title. That has nothing to do with me. That’s when the phone calls began and they wanted me to commit forgery. A guy by the Kerry Westbrooks called me about the title. He said that he wanted me to come in and pick the title up and take it to the tag and title office in College Park, forge the other person’s signature which I have on recording and just tell them that he is out of the country. As I kept telling everybody who called me. I have no clue where this guy is. I haven’t talked to him since 2011, I didn’t even know he was still on the title. Capital one never gave me a problem. He also called Ricky Gilbert and Ann Mims in the office to put more pressure on me to forge a signature. They even typed a letter had it notarize before I even read it by an employee “B. Houze” which I will be reporting her to Superior Court of Notary. That is prohibited to notarize a letter without them actually seeing the person and verifying their identity. So that day I said sure I would because I was being pressured by all 3 employees. They said they will never know just sign his name. I told them just give me my car back. They then told me we can’t do that. We sold it. I said what, ok. I then left and called a lawyer. She told me don’t do that it’s against the law, just get your car back. So, I then waited for them to call me and said just come pick the title up I don’t feel comfortable signing another person signature on a title. I will sign my name but that’s it. So I went back into the office 4/19/2017. That’s when more pressure and threats came. They called Kenny Westbrooks the master minder of it all, general manager, Ricky Gilbert, and Ann Mims. They basically said so you’re not going to help us and sign the name. I said no. Then they presented me with a generic letter from and attorney by the name of Keith A. Meador, threating me that I have 10 days to sign the other person signature or they are taking my car. Then Ann Mims yells at me and says “ We can take the car right now” I responded take the car then but I want my old car back. She said that’s not possible it has been sold.  The way I have been treated is ridiculous. They should not be allowed to work in this type of field. They need to all be in jail. I can’t believe they really want me to commit forgery or threaten taking my car. I told Capital one what they plan on doing and they said they owe them money if they even attempt to take my car. I am going to report them to every agency possible. They owe me an apology and my money back ASAP!!

This report was posted on Ripoff Report on 04/20/2017 06:40 AM and is a permanent record located here: https://www.ripoffreport.com/reports/marietta-toyota/marietta-georgia/marietta-toyota-trying-to-get-me-to-commit-forgery-marietta-georgia-1368656. 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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#2 Author of original report

All i want is my money

AUTHOR: - ()

POSTED: Thursday, April 20, 2017

All i want is my money. I could careless about anything else or just give me my car back and i will take my money somewhere else.

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#1 Consumer Comment

Information

AUTHOR: Robert - (USA)

POSTED: Thursday, April 20, 2017

It seems as if you may have a few details mising, and with your report being one long paragraph it is hard to really decipher.  So I am not saying you are right or that you are wong, but here is some things you need to look at.

First the dealer should have gotten a "10 day payoff" amount before they sent the amount to Capital One. If the 10-Day payoff included a payment that was later taken out by Capital One then CO owes you the difference because your loan is now overpaid.  Any BS Capital One is giving you about getting the money from the dealer is wrong becuse they received the full amount and took an additional payment.  This actually happens quite often and in normal circumstances takes about 30-60 days to get the balance back.  However, in your case it may actually end up getting applied to your new loan.

It appears you refinanced the loan at some point. Figuring you had a co-signer on the first loan, and that is how 2 names got on the title. It again is Capital One that should have made sure that they got the release from the other person. Although in refinancing this sometimes does not happen.   If anything in the loan documents you signed stated you were the only one on the title then in fact you may have comitted fraud when you got the loan from Capital One.

The one part that is really troublesome is that you state you have a letter from an attorney that is telling you that you have 10 days to sign the other person's name or give the car back. I'd really hope you would scan and post that letter(removing any personally identifiable information).

If it specifically says that YOU must sign the name, not something like you need to get this guy to sign the title, then I would take that letter and go to your local news station and tell them your story. I am sure that they would find this very interesting as would the local BAR association as well as probably a few other attornies who would love to take your case. That is of course if you aren't leaving any "important" facts out of this report.

As to the title for the car.  Contrary to your belief this is YOUR problem, as you were the one attempting to sell the car(yes trading it in is still a sale).  Whether or not you knew the other party was still on the title does not change anything, the other party must still release their interest for it to be sold.  You may have a claim against Capital One, for them not doing this.  But that may run you into bigger issues.   This same thing would have happened had you tried to sell the car to a private party.  The other party would not have been able to complete the transfer and you would be required to take the car back.   In other words that car is yours until you can get in contact with the other person or go through the legal channels to get him off the car.

But what this means is that under most cicrumstances the dealer could not have actually sold the car yet, where if they did they would be obligated to take it back(which may be where the pressure is coming from so they don't have to unwind that deal).   The downside for you is that since you were the one selling the car you technically didn't have the full legal authority to do, they may end up owing you nothing.

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