Denver Isuzu Suzuki AN ATROCIOUS JOURNEY FOR TRUSTING CAR BUYERS AT THE DENVER ISUZU SUZUKI Ripoff Denver Colorado

June 26, 2007

Dear Ripoff Report,

I bring to your attention, a kind of plague that impoverish and destroy peace of mind and wealth in our American families: The car-dealer fraud.
Given the crucial importance of Ripoff Report's mission and public service, I respectfully ask you to let me present my case as victim of deceptive business practices implemented by unscrupulous car dealer in Denver, Colorado.

They clearly violate the spirit and letter of Consumer Protection Acts and require heightened government oversight and citizen follow-up. In fact, the corporate crime never rest. Then, I want to work with everyone to stop the auto dealers predatory business practices that victimize our communities for corporative and personal gains.

In addition, I would like to contribute as volunteer in creating a transparent, accountable and consumer-friendly sales and financing process at dealerships.
According to Public Citizen Car-dealer fraud has epidemic proportions in our country. The tactics being used are so sly that even informed consumers who do their homework are being taken for hundreds, and often thousands, of dollars. In fact, the sales contracts are skillfully wrapped that the most astute customer would ever notice the difference.

In addition, These scams add many millions of dollars each year to the profits of car dealers at the expense of consumers. While some profit is necessary, consumers are being ripped off beyond reasonable need through the sale of useless add-on products and services, the unnecessary markup of vehicle prices, the hidden inflation of loan terms, etc. For instance, right now, my wife and I are victims of the Denver Isuzu Suzuki's deceptive business practices. Please let me to explain briefly our unfortunate situation:

AN ATROCIOUS JOURNEY FOR TRUSTING CAR BUYERS AT THE DENVER ISUZU SUZUKI IN DENVER, COLORADO

Jeff Baca
General Manager/Owner
Denver Isuzu Suzuki
2500 W. 104th Ave.
Denver, CO 80234
U.S.A.
Phone: (303) 404-6500
Fax: (303) 404-6550

The Denver Isuzu Suzuki motto is:
Smaller Dealer, Smaller Prices.
No-hassle purchasing of new or used autos. However, for my wife and I, our own example testifies how our car purchase experience has been awful.

I bring this case to the to the General Attorney's sphere with hope that Denver Isuzu Suzuki repairs the wrong that they did to us. I expect the dealer be encouraged to satisfy our complaint and takes immediate steps toward a win-win solution.

At this 21st Century, it is unfortunate how our laws are one step behind of corporative crime. In Denver, I have consulting several brilliant lawyers, and all of them had the same answer. It is virtually impossible to prove frauds from companies. The defendants just need to deny everything to the judge, and so.

However, far away from Colorado, I have found in Maine an advanced law for costumer protection. It can also be an Unfair Trade Practice if the dealer makes any significant oral or written (e.g. advertisement) misrepresentations.

This is true even if the sales contract warns the buyer that the dealer is not responsible for the oral statement of its sales person and that the written contract terms are final.

Why? Because an unfair Trade Practices Act claim is not based on the written contract but rather is based on dealer deceptive practices Retrieved from http://www.maine.gov/ag/index/php?r=clg&s=

I encourage everyone to recommend their representatives to update constantly their respective consumer protection acts, just because the corporative crime at dealerships never rest.

In addition is extremely important creating a transparent, accountable and consumer-friendly sales and financing process at dealerships.

I am hopefully that we all joint forces to find ways to prevent thousands of customers of being ripped-off, and impoverished daily, like my wife and I were at the Denver Isuzu Suzuki.

Indeed, I expect that my painful experience and rip-offs lessons help others to take more educated decisions when buying a car, and avoid getting ripped of and conned like we did.

For simplicity's sake, I will present the major issues that strongly reveal the dealer' deceptive business practices.

However, if the development of this case requires for, and you get interest to pursue this case, I will present you a complete chronology of facts, including a portfolio of evidence.

Besides trying to resolve the issues with the dealership, I also have contacted the following honorable authorities, agencies and organizations regarding the scam that my wife and I were victims at Denver Isuzu Suzuki.

Koichi Suzuki
President of Automotive Operations
American Suzuki Motor Corporation
www.suzuki.com

Bill Ritter
Governor of the State of Colorado
http://www.colorado.gov/governor/

Joan Fitz-Gerald
Colorado President of the Senate
http://www.state.co.us/gov_dir/leg_dir/senate/members/sen16.htm

John Suther
Colorado Attorney General
http://www.ago.state.co.us/index.cfm

Deborah Platt Majoras, Chairman
Federal Trade Commission
http://www.ftc.gov/commissioners/majoras/index.shtml

Lisa Sodeika, Chair
The Consumer Advisor Council
The Federal Reserve Board
http://www.federalreserve.gov/generalinfo/adviscoun/cac/

www.Rip-OffReport.com

Ken McEldowney, Executive Director
Brian Wolfman, Director
(((Redacted)))

Public Citizen
(((Redacted)))

Since June 4, 2007, I have approached friendly the Denver Isuzu Suzuki nine (10) times by phone, by letter and in person to resolve fraudulent issues crafted by their sales people in my detriment. However, the dealer has maintained a constant failure to respond effectively for customer satisfaction, and rectify their deceptive trade practices in the sale of the automobile.

Those are the reasons why I am taking my complaint to the next level.

On May 31, early morning, I was browsing a good and new car with a dependable set of safety features for my wife. At end of such day, I had purchased jointly with her a demo 2007 Suzuki XL7 Limited Platinum Package with 3,988 miles VIN 2S3DA-9176-7610-4767 at such dealership.

We also gave as trade-in a 2004 Subaru Forester 2.5X. VIN JF1SG-6366-4H72-3808 with 34,840 miles in excellent condition.

In addition to standards features, the trade-in Subaru had three (3) years of factory extra-warranty, towing hitch, engine block heater, Subaru battery (almost new), Viper Alarm, Nokian WR tires (almost new), CB Radio and a pre-paid plan of free alignments. Also it had a loan balance by $18,696.79

This appalling journey just began after a test drive. The Denver Isuzu Suzuki's Sales Representatives #1 and # 2, Mr. Milt Cancanon and Mr. Antonio Garcia respectively proposed to sell me their manager's company car with a huge discount.

One minute later, they introduced me to the dealer's New Car Manager, Mr. Justin Helmick. Then, he invited me to see the car.

Following the car inspection, I acknowledged Mr. Helmick and his Sales Representatives of two crucial conditions to purchase such vehicle:

1st Condition:
The automobile must have exterior heated mirrors. I stated to Mr. Helmick that this feature was extremely important to cope with the challenging winter storms in Fort Collins, where my wife will attend classes at the Colorado State University (60 miles one way from home).

Mr. Helmick assured me that the car had them. When, I asked him how to activate such mirrors, he responded me just pushing the defogger's button. Two weeks after, I found out that Mr. Helmick lied to me about. In effect, the car never had such mirrors just because the manufacturer did not offer them in such model this year.

I got such confirmation from American Suzuki Motor Corporation on June 13. Also, the dealer's Service Department corroborated such fact on June 15.

Even though Mr. Helmick took deceptive advantage on me, I put him at easy with my discoveries about his misrepresentation.

I tried to meet him with a very diplomatic letter to encourage cooperation rather than conflict (The letter is including in the portfolio) in order to find a reasonable settlement.

He left me waiting for him for 25 minutes at the dealer's showroom (when his office, a deep tinted glass square with a 360 degrees of view was at a half-dozen feet from my position) until I requested to the receptionist to get me a couple of minutes with the General Manager/Owner, Mr. Jeff Baca.

When, I met Mr. Baca, I documented him about Mr. Helmick's misconduct and the inexistent exterior heated mirrors. He requested me to wait outside his office while he was calling Mr. Helmick.

Then, I saw Mr. Helmick coming from his glass square office. Ten minutes after, Mr. Helmink met me. He apologized for your lack of attention. According him, he did know about the car lacking of exterior heated mirrors. Finally, we settled the issue I asked him to install the towing hitch.

He told me it was expensive, but accepted to install the splash-guards at no cost.

2nd Condition:
Get the financing for my wife (She was expected to come to the dealership next day at 5 p.m.) from Suzuki Financial Services with the deferred payment for the first 90 days offered at the manufacturer website at no more than 5.5% APR.

I gave express instructions to work with my wife' current Fico score of 778 only. He was not authorized to check her credit, and he would get her current credit reports from the three credit bureaus, as soon he needed them.

He got a financing plan by $500 a month, later raised it at $550 and advanced to go to $600. Then, I told him to cancel the transaction. Immediately, he told me to enter as co-buyer and waive the $1,000 factory rebate.

I replied him I was unemployed, and such condition would no help my wife. He responded me that such situation would not be a problem and would help to get the loan approved and with low interest rate.

I accepted to go ahead, and he requested me to fill out the financing application and related paperwork and sign then on behalf my wife and myself.

The sales process took seven (7) hours from 9 a.m. to 4 p.m. (the final car delivery took more 4 hours) until I met the Financial Manager, Mr. Otis Thornton; the New Car Manager, Mr. Justin Helmick; and the Sales Representative #2, Mr. Antonio Garcia in Mr. Thornton' office. Yes, all of them at the same time.

The long delay of seven hours to go throughout the sales process took a toll on me. I was very exhausted and I hadn't had lunch too. Indeed, I was powerless to discern what was good or what seemed false. No doubt, my attention was also untuned at dealing with those three persons at the same time.

The Finance Manager, Mr. Otis Thornton was asking to know why I selected his dealership to buy the car; the New Car Manager, Mr. Justin Helmick was congratulating me, and wishing we enjoy the car, and offering free of charge the XM Radio programming, and the Sales Representative #2, Mr. Antonio Garcia was commenting the great deal we got.

Afterward, the Finance Manager, Mr. Otis Thornton presented me the first contract with a financial plan of $626 monthly payments for 84 months and deferred payments of 45 days to begin the car loan payments.

Immediately, I declined to complete the transaction due to the higher amount of money to be paid per month and short time to pay the first installment.

I highlighted that such plan didn't reflect what I had agreed before with the Sales Representative #1, Mr. Milt Cancanon of $550 monthly payments or less per month and a deferred payment for the first 90 days from Suzuki Financial.

I told them that I would leave the car purchase for next year. When, I was literally leaving the office, Mr. Helmick asked me to wait, so he would improve the offer.


Next, Mr. Helmick gave me the impression that he was acting on behalf Suzuki Financial once he changed in Mr. Thornton's computer the monthly payments and put them slightly down to $601.90. I replied him that the monthly payments still was higher.

He responded that they were higher due to my trade-in Subaru's loan balance ($18,696.79) was added in the new Sales Contract. Moreover, I told Mr. Helmick that the schedule of loan payments was too short, and I inquired him about the deferred payment for the first 90 days that I requested at the beginning of the sale process as one of two preconditions to buy the car.

Instantly, Mr. Helmick guaranteed me 60 days (August 1) to begin the loan payments. He also offered me more 30 days (September 1) if necessary. Mr. Thornton and Mr. Garcia were present all the time.

Following, I signed the contract induced by Mr. Helmick's statement, and later my wife signed the paperwork in her school's classroom with the impression that Mr. Helmick's oral guarantee of deferred payments was part of the legal instrument as actually executed.

In fact, we signed the contract in a weaker position, like when a blind person signs an agreement when misleadingly told that it is just a letter.

Mr. Helmick knew from the very beginning our limitations to buy the car, and managed them by all means, even fraudulently to conduce us to such legal instrument. In fact, my wife and I suffered financial harm from reliance upon Mr. Helmick's misrepresentation. Now, I see how naive I was to think that we could buy a car from the dealership without getting taken advantage of.

On June 23, we were surprised to know that the lien holder was Horizon North Credit Union (HNCU) and not Suzuki Financial. The letter we got from HNCU stated that the due date payment was on July 15 (45 days).

I informed Mr. Helmick about such matter several times, and I requested him diplomatically to honor his guarantee of deferred payments for the first 60/90 days. But, he neglected his commitment, over and over again along the seven reminders he got from me.

On July 13 (43 days), the lender charged my checking account with the first loan payment.

In view of such unexpected installment before August 1, I was obligated to implement an emergency plan for my household in order to endure without supplies of food until end of month.

An incident from the dealership brought my attention to review the sales contract. Immediately after, I realized that the Suzuki's selling price was not disclosed. Also, I did not find the huge discount that Mr. Helmick offered me to buy his company car.

Moreover, the equation of trade-in amount paid, the pay-off and the trade-in's loan balance added in the new Sales Contract was incomplete. So, I have asked courteously to the dealer to buy the loan from the lender and rewrite it as I requested for (See at the end, the list of what I think the dealer owed me).

For instance, the sales contract illustrates the following numbers:

Amount Financed: $38, 802.97
Finance Charge: $11,756.63
Annual Percentage Rate: 7.75%
Total of Payments: $50,559.60
Down Payment: $0.00 (They requested me to waive the $1,000 factory rebate).
Total Cost of Purchase on Credit: $50,559.60
Payment Schedule: 84 months at $601.90. Payments Due 07/15/2007

The Suzuki car's lender has specified $592.31 monthly payments for 84 months.

ITEMIZATION OF AMOUNT FINANCED
Cash Price (including accessories, services, $379.95 delivery
and handling charge, and $1,594.55 sales tax)

Gross trade-in $18,650.00 minus Pay-off by seller $18,650.00 = Net trade-in $0
Net trade-in pay-off: N/A (Please note that the Gross trade-in amount is identical to the Pay-off by Seller by $18,650)

Here the dealer seemed generous by paying for the trade-in Subaru $4,600 more than the Kelley Blue Book value, and $4,767 more than the Edmunds value.

Kelley Blue Book: Maximum price for a 2004 Subaru 2.5X in excellent condition with 34,840 miles and towing hitch is $14,050. Edmunds: Maximum price for identical car is $13,883 (ANNEX 18).

Then if the dealer paid $18,650 for the trade-in minus $14,050 KBB value= $4,600 and by the Edmunds value: $18,650 minus $13,883= $4,767 the dealer paid more.

I also found out that the dealer paid for the trade-in $18,650, but the lender pay-off request was by $18,696.79= $46.79. This result is the same to the amount they were charging me on June 29 (The Sales Contract was signed on May 31).

Government certificate of title fees (includes security interest recording fee of $10 plus $17.20.

The remaining items to be disclosed in the Sales Contract have the initials N/A

In addition, I found casually in the Suzuki's glove box, the Sticker Price for this specific new car (Identical VIN Number). The Manufacturer's Suggested Total Vehicle Price is $32,384.00 including destination and handling, but excluded sales tax and dealer fees.

As well, the Finance Manager, Mr. Otis Thornton did not provide me the signed paperwork copies, even when I requested them two times on May 31. So, I needed to come back to the dealership on June 4 to ask and get those paperwork copies.

I got a partial set of them, and I asked to Mr. Helmick to give me all the documents copies from the sales process, including the ones I signed in blank under the request of his sales people to expedite the process.

But, he has omitted to provided me them. In addition, he and his Sales Representatives always were evasive to respond my question to know whom the lender was.

As Denver Isuzu Suzuki needs to take responsibility for their unfair sales tactics. Here is a list of the misleading and fraudulent business practices:

Misrepresentations

Mr. Helmick acted as if the deferred payments for 60/90 days was true to induce my wife and I to sign the Sales Contract and related paperwork.

Mr. Helmick did false representation when he gave the impression of taking under control the change of due date to begin the first payments.

Fraudulent Concealment

Mr. Helmick'sphony statements, affirmatively suppressed the material fact that a verbal guarantee must be in writing to be enforceable by law with the intent of deceive.

Passive Concealment

Also, we felt indignation about the Finance Manager, Mr. Otis Thornton, and the Sales Representative #2, Mr. Antonio Garcia.
They acted with passive concealment by maintaining silence when they had a duty to speak me after the New Car Manager, Mr. Justin Helmick's verbal misrepresentations and fraud in the inducement. Both were present at that time.

Breach of Contract

Clearly, Mr. Helmick's unfair trade practices breached the Sales Contract by interfering on my wife and I capacity to perform our agreement with the lender by falsely leading us to expect our first loan payment on August 1 (60 days) or September 1 (90 days) instead of July 15 (45 days).

Corporate Crime

The Denver Isuzu Suzuki's corporative behavior seems to be a deliberate and regular scam to be applied on customers like my wife and I. Similar an organized crime that relies on its trickery activities for income, they combined their corporate expertise to cause a single injury: impoverished and defrauded us.

In addition, the New Car Manager, Mr. Justin Helmick, the Financial Manager, Mr. Otis Thornton, the Sales Representative #1, Mr. Milt Cancanon (This person misleaded at light of truth in lending laws), the Sales representative #2, Mr. Antonio Garcia, and the General Manager/Owner, Mr. Jeff Baca were negligent to observe the standard of care required by law under the circumstances.

Gross Negligence

The dealer's General Manager/Owner, Mr. Jeff Baca acted with conscious, voluntary omission in reckless disregard of legal duty and of the consequences to my wife and I as consumers.

Yesterday, I sent to Mr. Baca my third and last certified letter to find a win-win, friendly and positive outcome before to resource to a higher level of resolution. Today, I found in my answering machine a message from him to acknowledge me that he got the letter, and accepting my invitation to get together in his office, tomorrow July 26. He is going to meet us one hour before than my suggested time at 3 p.m.

Finally, I would like to present on what I think the Denver Isuzu Suzuki owed me.

1)The sum of $592.31 that the lien holder charged me as first loan payment on July 13, just because the New Car Manager, Mr. Justin Helmick failed to honor his guarantee.

Mr. Helmick's oral guarantee of deferred payments was for the first 60 days (August 1) and 90 days (September 1) from the date of the sales contract was signed on May 31.

2)Buy out the loan from the lender, and rewrite the financing contract to reflect clearly the actual price of the 2007 Suzuki XL7.

Disclosing what huge discount was applied as Mr. Helmick offered me. How much was paid for the trade-in Subaru Forester. How much was paid for the Subaru Forester's pay-off.

And how the Subaru Forester's remaining loan balance by $18,696.79 was added, and how all these figures were wrapped in the new Sales Contract.

3) Repair the Suzuki XL7's paint chips/scratches, and the scrashy fog lamps previously documented and requested in writing to the New Car Manager, Mr. Justin Helmick to be restored at their original factory condition, and provided me the car's cover and timing chain.

After the Sales Contract was signed for my wife as buyer at her elementary school's classroom, and once I came back to the dealership jointly with the Sales Representative #2, Mr. Antonio Garcia, the New Car Manager, Mr. Justin Helmick told me very happily that he was going to take a leisure trip to Mexico.

Sadly for us to know about Mr. Helmick's trip, while my wife and I was injured and impoverished as result of Mr. Helmick's willful manipulation committed with knowledge that his misrepresentations were likely to harm us, but showed reckless disregard of the consequences.

Respectfully submitted,

Guillermo

Bibliography:
Garner, Bryan A. Black's Law Dictionary.
Minnesota West Group, Seventh Edition, 1999.

Guillermo
Thornton, Colorado
U.S.A.

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