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Report: #1355341

Complaint Review: Puente Hills Nissan - City of Industry California

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  • Reported By: Stephanie — Placentia United States of America
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  • Puente Hills Nissan City of Industry, California USA

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I went to this Dealership after speaking with Katya (sales rep) for a few days prior.  I had a unique situation.  I had filed bankruptcy recently and i had a vehicle that i was paying on but was discharged in the BK, however my old car company let me make payments to keep the vehicle.  When I went in on january 18th, i had signed a contract for a 2017 nissan altima.  I knew about the 10 day rule so I remained Nervous. I talked to the sales people there and they told me to just give the other car back since it was discharged.  i was heistant becuase i wanted to make sure I was secure in a vehicle before I did, but I have text messages saying i was good and to go ahead and give it back.  Everything was good and I went on.  On Jan 31st i got a letter in the mail saying they are rescinding the contract.  IT was postmarked Jan 27th which was within the 10 days.  I immediately called and couldnt reach anyone until Feb 1st.  

I spoke with two people there who said that i was good and they sent that in "anticpation" that the bank doesnt fund the loan.  Then i spoke with someone else via text message on Jan 6th who told me the bank still needed to verify my income.  I sent over my March paystub because my payroll companies swapped in april, so they were calculating my YTD from Jan instead of from April.  Then nothing until last night when I was told to turn the car in.  I did talk to an attorney who said that dealerships cannot send an "anticpation" rescind letter.  That does not protect the consumer.  I talked to the finance manager David Barackman who was so rude and wouldnt even let me talk.  He said I had to bring the car in, wouldnt give me info and kept yelling at me.  He said that I bounced the downpayment check.  It was 500 dollars and when I went in, I epxlained to katya that the funds would not be available until feb 10th.  Then I got a message from nancy, who was very nice, and worked out the arrangement with me prior to me being told to turn in the car.  I then told him I am a single parent with no vehicle,, how does he expect me to take the car in, so they can come get it.  He said he would charge me, i told him no he wont, this is their fault.  How can a dealership send an "anticpation" rescind letter?  If that is the case, then every dealership can do that and the 10 day rule would never apply.  Also, the told me to give back my other car.  I will be hiring the attorney I talked to and going after this dealership.  

They are the worst that anyone could go to.  I also a friend who is a new anchor.  If i have to go to the press, i will.  I want to talk to the owner of this company.  David should not be working there, he is so rude and lazy, he is never available when you call until he is calling yelling at you.  DONT GO HERE!  EVER!  you will be sorry.  

This report was posted on Ripoff Report on 02/10/2017 03:25 PM and is a permanent record located here: https://www.ripoffreport.com/reports/puente-hills-nissan/city-of-industry-california/puente-hills-nissan-they-dont-follow-their-contract-city-of-industry-california-1355341. 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:
2Author
4Consumer
0Employee/Owner

#6 Author of original report

Still lying

AUTHOR: - ()

POSTED: Saturday, February 11, 2017

 You said in your initial report that "were you going to come in here" meaning the dealership meaning you are there! So yes you work there. Also, your dealership sent me advertisements and the sales people told me they were very "sympathetic" to my situation. You were trying to get the sale. So let me ask you since you want to point out my fault on the check, which I have admitted to, where is your fault? Are you sympathetic and advertise to people who just filed bk and when you get a sale you understand but when the sale falls through you bad mouth them and tell them they are cheating creditors? Oh I see, you only say things when they work in your favor. I have not lied about anything! I admitted the money wasn't there, I also said I file bankruptcy. I'm not lying. You however continue to lie and not admit fault. How about an apology for the way your finance manager spoke to me? How about apologizing for saying the bank would only approve me for a brand new car? How about saying I'm sorry for getting your hopes up? I went to another dealership and easily got approved for a 15k used vehicle. I didn't need anything brand new. So you guys lied. You waited 21 days to rescind and as I said before I was over it. The longer this continues, the more mad and upset I get. Just apologize for being wrong and admit where you were wrong and everyone can move on. Here, I will start, I'm sorry I filed bankruptcy and I'm sorry that the check didn't clear the first time through. Although I clearly mentioned it wouldn't be there until the 10th but I apologize. I would also like to say that as soon as Nancy texted me about the check, within 30 seconds I replied to her with an arrangement to pay the money, but that same day you rescinded the loan. So I wasn't avoiding anything and I'm trying to make smart credit decisions including taking care of debts. I wasn't going to stiff you on the money at all and I think Nancy would even attest to that. So please whoever is reading this, please know this is really how they feel about people who file for bankruptcy. Don't use this dealer if you ever have. Use a dealer that really understands that you are trying to do better. Even if these people tell you they understand, you can clearly see that they think people who file for bk are cheating creditors.

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#5 Consumer Comment

Typical

AUTHOR: Robert - (USA)

POSTED: Saturday, February 11, 2017

Yes the typical "I don't like what you say so I am going to accuse you of working for the company".

Well I hate to burst your little dream world but I do not now or have I ever worked for this or any dealer. While I can't speak specifically I would be confident in telling you the same thing applies to the others that posted.

This is all about responsibility and it is obvious that you are probably "over it" because you realize you don't have a valid complaint. If you did you would still be going to your "new" anchor friend and the attorney. Or perhaps you did and they told you the same thing we did here?

But let me help you out for the future. If you go to a dealer and they tell you that you can only get a certain car and you don't want that car. You get up, turn around and WALK OUT.

You are so concerned about the details of the contract and how they aren't abiding by it. So please tell us where in the WRITTEN contract did it say that you were allowed to bounce the down payment? Where does it say they will hold the check until the 10th of February? Let me guess...you only want to hold them to the contract when it works in your favor.

By the way as for you "stiffing" creditors in your BK. You can justify it as a "fresh start". But the fact is that you did NOT pay them what you legally agreed to so yes in many peoples mind that is "stiffing" them. After all what would you call it if someone owed you $1000(or what ever) and they failed to pay it by declaring Bankruptcy? Would you just say "Oh they needed a fresh start so it is okay".

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#4 Author of original report

I'm so over this

AUTHOR: - ()

POSTED: Saturday, February 11, 2017

 Ok: you all said that the bank would only approve in a new car. No I did not need a new car. Yes I filed bankruptcy, but did not cheat creditors, just in over my head trying to get a fresh start. Contract states 10 days, you rescinded after 21 days. Fact is you guys said you worked with challenged credit but in the end, could not. You should have never let me drive off the lot in a car that couldn't get approved for. I would have been fine in a used vehicle. Katya and Nancy are the only two people that I would recommend to anyone there which is the only reason why I'm not pursuing anyone or anything. Yes, I even mentioned that my check didn't clear, but I made it very clear I would not have the money until feb 10th. Text messages are not Contracts but are supporting in my story. I just hope that you guys take this situation into consideration when dealing with other people with challenged credit. And the pay stubs were not 10 months old. I had the last 10 months worth of pay stubs, but they were calculating my year to date from January instead of April. Either way, the tone the dealer had was completely wrong and if I was spoken more politely too, I would not have even don't this. I'm just over it. And you can stop having your dealers and employees write reviews and rebuttals. I just wish you would have gotten me into something that you knew was more affordable instead of trying to make a commission on a brand new car. I'm good now and this can all stop.

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#3 Consumer Comment

Did you not learn anything?

AUTHOR: Robert - (USA)

POSTED: Friday, February 10, 2017

Did you NEED another car or WANT another car? Would this new car have had lower payments? Did your current car need hundreds of dollars in repairs? Even if you did NEED a new car, did you NEED a brand new 2017? While I could go on, it seems that the Bankruptcy education didn't stick with you for what ever reason.

What do you expect your "new" anchor friend to do? As it was noted you already had a Bankruptcy AND you bounced your down payment. But of course the BK was just because you got into a bad situation that wasn't your fault, and the check wouldn't have bounced if they would have only waited until the 10th of February to cash it. Which I think people find it interesting how that is well beyond this 10 day period you keep bringing up.

As for the 10-Day rule? What are you expecting? Them being forced to allow you to keep this car? Them somehow just giving you a car? Returning your trade and down payment? Oh wait, scratch that last one you had no trade and your down payment bounced.

So you keep the car. In 4-6 months when you end up in default(and the odds are you would) where you actually get it repossessed because you can't handle the high car payments, are you going to come here and write a report how they wouldn't "work" with you because you are a single parent?

Honestly, in the long run being given the opportunity to just walk away from this deal is probably the best thing
that could happen to you. Because with a recent BK you are "fair game" to creditors and really have no out if you run into additional financial issues.

But if you are pursuing this. Unless your "attorney" is some relative or just a really good hearted person, how exactly are you going to pay them to handle your case? Perhaps they take checks and won't mind waiting several weeks to cash it.  

By the way.  When you go to talk to your attorney be sure to ask them what the Civil and Criminal penalties are for bouncing a check.

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#2 Consumer Comment

Get solvent first

AUTHOR: coast - (USA)

POSTED: Friday, February 10, 2017

A 10-month-old pay stub is not proof of income.

Someone with a recent bankruptcy is not worthy of a loan approval for a new vehicle.

You can’t afford the down payment. Your attorney will probably require cash.

“THEY DON'T FOLLOW THEIR CONTRACT”

Text messages are not contracts. Your bankruptcy tells us that YOU are the one that fails to honor contracts.

“They are the worst that anyone could go to.”

You actually have the audacity to complain about others after you cheated creditors by filing bankruptcy.

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#1 Consumer Comment

Default Is Default

AUTHOR: Jim - (USA)

POSTED: Friday, February 10, 2017

 You have a documented history of a BK. That's a fact! The very first check YOU gave them bounced. That's also a fact! Those two factors combined are enough to cause them to unwind the deal because YOU made YOURSELF a credit risk, END OF STORY!

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