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Report: #233081

Complaint Review: Auto Source America - Bakersfield California

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  • Reported By: Bakersfield California
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  • Auto Source America 2700 Chester Ave Bakersfield, California U.S.A.

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My husband and I walked in to the Auto Source America lot on Chester avenue on 1/22/07, and bought a 1994 Jeep Cherokee.They ran my credit, which they said was good. They took $1,000 down for the $5,000 jeep, we signed the papers, and we drove home happy.

Never did they mention that if they couldn't finance me I'd have to come up with an additional down payment. Neither was this "pending of financing" clause in the contract both parties signed.

On 2/24/07, I get a call saying they "decided" they couldn't get financing for me after all, despite the fact they signed a contract with us, because the jeep is a 1994, and has over 140,000 miles on it. Yet, they told me we were financed, and allowed us to drive off the lot on 1/22/07. They never told us we might have to come up with an additional down at that time.

on 2/24/07, they attemped to strong arm me, by insisting I bring in an additional $1,500 for a down, or return the jeep. Again, they signed a contract, and no where was it mentioned "contract pending financing."

We finally decided under their repeated threats of having my jeep towed away, despite the signed contract and down payment given, to drive down and try to discuss this horrible situation.

When we insisted on going over the contract, and stood up for ourselves peacefully, we were asked to leave and Bakersfield Police were called. We waited on the sidewalk, and indeed the police did arrive. No laws had been broken, and no arrests were made.

Further more, manager declared that there would be a "restocking fee" for returning the jeep, despite the fact we were not at fault for any of this. So, I would not be receiving a complete refund of my $1,000.

I was then promised a complete refund for the $1,000 down, but they refused to put it in writing. Then, they told me they wanted to inspect the car incase we damaged it. Yeah right....I'd only put 20 miles on it after I had purchased it.

An hour later, we did return the jeep, but parked it on the street for it to be "inspected." We choose against parking it on the lot incase they once again tried to scam us, and withold the $1,000 down, and withold the jeep. We wanted to be on neutral turf.

The female owner insisted we park the jeep on the lot, but we saw no reason to if she was just going to walk around the jeep, and it was parked under a street light. When we refused to move the jeep, she called my husband an "a***e," and told us to "get the f** off the lot."

Fearing a physical confrontation from an obviously emotionally unbalanced woman, we quickly left, and I walked quickly to get into my jeep and drive off. I was followed by the female owner. I was following her instructions to get off the lot, and tried to close the door of the jeep. She refused to let me drive off, insisting on seeing how many miles were on the car.

Guess I was confused.....we were told to leave, and I was trying to. I finally was able to get her away from me, so I could drive off. Again the police were called, this time by me.

I will keep the car, and will make payments to them via certified mail, as she threated a few times to repo the jeep.

Stay clear of this establishment. They strong hold people. They knew they couldn't finance a car of this age and miles, and thought I would pay the additional down payment despite the fact the deal had gone through. God only knows how many other people they've pulled this shiftless crap on.

Oh, and in closing....if this deranged woman that so obviously needs a hand full of anti-depressants is reading this. Dear, you don't call customers as****s, and you don't rip off people that know the law. Good luck ripping off your next sucker that is too afraid to stand up for themselves.

This could of very easily turned into a very violent situation with this woman. Again, she ordered me off the lot, I tried to comply, and she attempts to prevent me from closing the door of the jeep I legally own. That really could of gotten ugly if I were as off balanced as she appears to be.
God only knows people like that sleep at night.

Tracy
Bakersfield, California
U.S.A.

This report was posted on Ripoff Report on 01/27/2007 07:57 PM and is a permanent record located here: https://www.ripoffreport.com/reports/auto-source-america/bakersfield-california-93301/auto-source-america-bait-switch-approves-you-for-loan-you-drive-the-car-off-they-cal-233081. 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
6Consumer
0Employee/Owner

#6 Consumer Suggestion

Auto Dealer Spies

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

POSTED: Monday, January 29, 2007

This "d**k" from Mankato, Minn. is giving arguable advice. An attorney would provide more accurate advice; however, you will probably go through what all "duress contract" (rather than "spot deliver") victims to through.

If you go to a law firm, the lawyer will know exactly what to do and he or she will require a deposit of some amount of money (retainer) to begin an action. You will then be acquainted with the facts that you are going up against some very rich people that have strong financial backing. That will kool you off a little.

Then you will do as most of us have done and that is to try to locate the services of some city, county or state agency that is supposed to protect consumers from fraud. After all, you are paying taxes everyday to support these agencies.

After spending a few weeks of precious time, those city, county or state agencies will then advise you to engage an attorney. So you are back to step one.

You could purchase the Rip-off Revenge book for a few dollars and ask Ripoff Report to provide you with contact info for Mr. Stick Bogard who has been effective in assisting some people for some types of problems.

But my feeling is this: get an attorney to file a class action lawsuit. You may need to assist the attorney in rounding up other injured people like yourself. Ask your attorney if they can be in other states. He may be able to file an action in Federal Court because everybody may live in different states.

Begin with an attorney that you know and trust, and who is competent.

What would really be helpful is if you can locate the necessary amount of injured people that all purchased the same kind of vehicle... like 20 victims that bought a Chrysler made car from some Chrysler dealerships.

After all, didn't lawyers break the Catholic Diocese around the country by naming them along with the churches and church school that employed priests that abused students?

Your lawyer may advise the same type of action. Naming the auto manufcturer and the financier like GMAC or Chrysler Financial or Ford Finance or whatever may give extra power to the claim of your group.

But you should know that you are going to be asked to sign another contract; and you will sign because if you don't they will take your car and leave you walking.

Ask your lawyer about the voidability of contracts signed under this kind of duress.

There is another element that your lawyer can advise you on, and that is the existance of a "fiduciary relationship." Your relationship with the dealer that sold you the car may have been merchant/customer during negotiations; but once you filled out, signed and applied for credit and appointed that dealer to arrange (broker) the financing of the auto and various insurnaces for the auto, your relationship with the auto dealer may have changed to a fiduciary.

Your lawyer will explain that to you. If that is the case, the dealer my have violated a trust. Remember the dealer is going to claim "entitlement" to a fee, or profit, or some kind of payment for arranging the finacning and insurances. In America the dealer is certainly entitled to profit from the sale of cars. But this business of shopping financing and insurances for additional fees may not be included in that profit. State banking and insurance laws my be involved here. Ask your lawyer. State laws may require disclosure. Good Luck. Ted, Scottsdale, Az.

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#5 Consumer Suggestion

Not necessarily correct Nikki...

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

POSTED: Monday, January 29, 2007

I approve all of the loans for auto dealers with my Bank. I usually work Saturdays, and most of my dealers have access to me via cell and it is not uncommon for me to approve a deal over the phone after normal business hours. In addition, most lenders have special plans in effect for very creditworthy borrowers where there is no need for a preapproval. If plan guidelines are met, the lender will never even be aware of the deal until they receive the contract. I appreciate the fact Nikki that you are trying to be helpful here, but there are times financing is approved after normal banking hours.

Banker John

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#4 Consumer Suggestion

The "need more money" has happened to me too.

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

POSTED: Saturday, January 27, 2007

Many years ago when I financed my first car, I was called 1 week later and told we had to put down another $1000 to get financed. We went into the dealership and told them we did not have the money. They tried everything they could think of, but we really didn't have the money. Then they asked what other options I had. I told them to take the car back and give us back our trade. In the end, they reduced the price of the car by $1000. I don't think dealerships are that nice anymore since this was over 15 years ago.

This same thing happened to my brother, but he got strong armed into paying the additional money.

This is advice to anyone buying a car. Do not take the car home in the evening, after banking hours (say 4:00 pm) or weekends. The financing is not final unless it is done during normal banking hours. The dealership can look at your credit report and believe they can get you financing, but until the answer comes back from the finance company, never drive the car off the lot. Tell them you will come back the next business day and finalize the paperwork, after the loan company has approved all the terms.

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#3 Consumer Comment

Tracy, I don't think you're done yet

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

POSTED: Saturday, January 27, 2007

From what I've read on ROR, I think the dealer's next move will be to report the Jeep as stolen.

What they've done is a spot delivery. Very common scam, I've seen dozens of reports on ROR.

Without financing, you don't really own the vehicle. It hasn't been paid for, contract or no contract. You'll either have to put more down, or return the Jeep.

I know that's not what you want to hear, but I don't see any other alternatives.

Good luck.

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#2 Consumer Comment

Tracy, I don't think you're done yet

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

POSTED: Saturday, January 27, 2007

From what I've read on ROR, I think the dealer's next move will be to report the Jeep as stolen.

What they've done is a spot delivery. Very common scam, I've seen dozens of reports on ROR.

Without financing, you don't really own the vehicle. It hasn't been paid for, contract or no contract. You'll either have to put more down, or return the Jeep.

I know that's not what you want to hear, but I don't see any other alternatives.

Good luck.

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#1 Consumer Comment

Tracy, I don't think you're done yet

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

POSTED: Saturday, January 27, 2007

From what I've read on ROR, I think the dealer's next move will be to report the Jeep as stolen.

What they've done is a spot delivery. Very common scam, I've seen dozens of reports on ROR.

Without financing, you don't really own the vehicle. It hasn't been paid for, contract or no contract. You'll either have to put more down, or return the Jeep.

I know that's not what you want to hear, but I don't see any other alternatives.

Good luck.

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