Complaint Category: None of the Above - Customer Service Complaint Issue
Initial Business Response
Dear Ms. Drew;
Thank you for forwarding this issue to us. We beleive, however, that this complaint is completely without merit and makes allegations that are very unfair to a respectable business, and should be rejected as such not going against our BBB rating. This customer has not given us the opportunity to resolve any of her issues, which we beleive to be very minor. The one point that needs to be considered among the laundry list of issues the customer claims to have is that this transaction took place over the course of three days. Obviously enough time to evaluate her decision and review all the documentation that she was provided with. This is evidenced simply by the fact that she accepted delivery of the vehicle on the 3rd day. Copiies of all signed documents are available for your review if you would like.
To be more specific on the details of what the customer outlines in her complaint is that the vehicle she originally looked at simply did not fit into her desired payment range. We offered her an alternative and were able to fit that vehicle into the desired range. The customer found the vehicle, the terms of sale and the financing we were able to arrange acceptable, and voluntarily entered into the agreement signing all of the necessary documents.
It should also be noted that at the time of sale, the customer agreed to a down payment of $1000. As she did not have the funds immediately available, she issued us 2 checks for $500 each which we agreed to deposit on 2 agreed upon dates unless replaced with cash prior to those dates. Both checks were deposited only on the agreed upon dates and both were returned as "Payment Stopped". I obviously don't understand her allegation that she has had credit denials because we changed the check numbers so the stop payment would not work. Copies of both returned checks are also available for your review. For the record, we are currently pursuing recovery of this money legally in civil court.
As our record with the BBB would indicate, we do not receive many complaints from our customers, but in the event a legitimate concern arises, we make every effort to resolve it in the fairest possible manner. I beleive we have done that in this case and honestly don't know what we may have done wrong or how we could have done anything differently. There are obviously 2 sides to every story and it takes both parties cooperation to resolve any disputes. Unfortunately, we have not been afforded that cooperation. Any input you might have to assist in getting the customer to honor her agreements and allowing us to honor ours would be greatly appreciated.
Lee A. Eisenberg
Bill Kay Nissan
Initial Consumer Rebuttal
(The consumer indicated he/she DID NOT accept the response from the business.)
Dear Ms. ****
I have received your correspondence today and was very disappointed but not surprised in the actions/response from Bill Kay and that of *** *********.
For Mr. ********* to say my claim is without merit is demining as a manager his sole responsibility should be customer satisfaction. From my very first complaint to Bill Kay, I have given them the opportunity to resolve my issues and concerns instead I was yelled at and belittled. Even after I hung up on him for the manner in which he was treating me he called back again only to yell some more. I have now taken my car to another Nissan dealership and have dealt with two different managers there who both have told me the same thing. From my very first complaint which was less than an hour of pulling off the lot, Mr. ********* should have at least offered to allow me to bring back the vehicle and exchanged it for a more suitable vehicle, but he didn't because he was more worried about the sale. (The vehicle is well over priced)
The sale did take place over the course of three days but not enough time to properly evaluate the paperwork. See it was already closing time for Bill Kay meaning it was very late and since I am a single mother with a son with disabilities I cannot just stop and put life on hold to review your paperwork. It was past my son bed time, he needed to take his medication and eat. I had things that needed to be done as a parent that night. Now I don't know about Mr. ********* but Sunday is a religious day in our household which means NO WORK! We have Church and family time. Then came Monday I work 10 hours a day so I was up at 5am and at work at 7am just to be at Bill Kay by 11/12 so I am not sure where Mr. ********* would get three days out of that time frame to properly evaluate the paperwork. Plus I was not given all the paperwork at the time of purchase and when I asked Mr. ********* for a copy of the paperwork his reply to me was and I quote... "Shove it up your *** and call Nissan yourself" I had no information other than Nissan was the lien holder I had to google the contact information and explain the situation to their customer service rep in order to get my account information. I also filed a corporate complaint with their customer service rep about the way Mr. ********* continues to talk to me and treat me throughout this entire process.
Mr. ********* states that I never gave him or Bill Kay the opportunity to resolve any of my concerns, which is a false statement. My concerns could have been resolved with the many phone calls I made to Bill Kay but it was, It also could have been resolved when Capitol One called Mr. ********* on a conference call with me trying to find out why they lied to me and didn't allow me to use my pre-approved bank check for $35,000.00 which was more than enough for the initial vehicle I wanted to purchase in the first place. The same vehicle Bill Kay told me they couldn't get me approved for. It also could have been resolved with my two separate cooperate complains to Nissan directly when they followed up with Mr. *********. This wasn't about the opportunity to resolve any of my concerns, because if that was the case they wouldn't have falsified the paperwork at the time of sale which wouldn't have cause me to put a stop payment on the checks that were issues 3days later (not at the time of sale) for them not honoring their half of the deal. I have several letters dated within the last 30days showing Bill Kay is still running my credit lowering my credit score. I have a recorded phone call from my bank showing the check was altered when presented for payment in order to bypass the stop payment I placed and I have several witness to the way Mr. ********* has talked down and treated me. As well as the complaints to cooperate Nissan and the conferenced call from ******* ****
Mr. ********* has no clue how this sale took place as he wasn't present and in fact is only worried about protecting his sale not resolving any of my concerns. Also there are several complaints against Bill Kay Nissan which was formally Bill Kay Chevy if the named is google.
At this time I am now in the process of looking for a new car as the problems with this car continue. On the below zero days the inside windshield freezes which means there is a broken seal somewhere. Which probably means there is already rust or damage under or around the glass frame, since I have no clue how long this has been going on. The car is still pulling the stee4ring wheel is still vibrating, the engine is making a ticking noise, amongst other things. I am standing firm on my decision if Mr. ********* would like to resolve this then I would like to bring the vehicle back and have it replaced with a more suitable vehicle. Which was my request to bring the vehicle back with in less than an hour of me driving off the lot in the first place. Otherwise I would respectfully ask to continue on with my complaint.
Thank you for your time with this matter
Final Business Response
Dear Ms. Drew:
I am appealing to your organization to assist me in having this customer stop making false claims and allegations, and attacking me personally. I can assure you that there is not one shred of truth in her latest comments. My involvement in this transaction was ONLY to help her resolve her issues with the vehicle. I asked her several times to give us the opportunity to repair any problems and she refused.
For the record, she purchased a Certified Preowned vehicle with only 8,000 miles and under full factory bumper to bumper warranty. If she has in fact been to another Nissan dealer, I see no reason that any necessary repairs (if any) would not be completed. Further, the inappropriate quote that she attributes to me absolutely did not happen. I have been in this business for over 40 years and have never acted in that manner with a customer. I also never was on a conference call with Capital One. I have not spoken to anyone regarding this matter other than the customer and my own employees. As for falsifying paperwork and altering her checks to avoid the stop payment, I challenge her to prove any of that. I have the returned checks, unaltered in any way and, as you well know, the electronic coding at the bottom of the checks include the check number and cannot be altered. I would also challenge her to prove that we continue to run her credit. There would be no reason for us to do that.
I would repectfully request that this matter be closed permanantly. Our company has an A+ rating with the BBB which would indicate that the behaviors we are unfairly being accused of do not take place. In the event you cannot close this matter once and for all, I would request that any future correspondence to me include documetation proving each of the allegations she is making, as their absence would only serve to prove that this is all fabricated.
As I stated in my previous response, the matter of the stop payment checks has been referred to our attorney for legal action.
Lee A. Eisenberg
Bill Kay Nissan
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
I am writing my second response to my complaint. I have outlined a paper trail for you as there is documentation as to the incidents that are taking place as outlined in my complaint.
Capital One Auto Finance Supervisor Lacresha called the Bill Kay Dealership on a conference call with myself on Nov.27th 2013 @ 12:50pm we spoke with Joe Hart who stated he didn't know why they didn't use the preapproved bank check, he didn't know who the loan was with and refused to provide any additional information as documented with Capital One
Nissan 1st complaint filed Dec 2, 2013 @ 10:19am Service Request # 1-3916059320 Service Rep Winter noted and documented the poor customer, foul language and the fact that she had to send out copies of all the paperwork to me as the dealership refused to provide them.
Nissan 2nd Complaint filed Dec 4, 2013 @ 7:34am Service Request # 1-3922958556 noted and documented per my bank the continued harassment from Bill Kay Nissan and how they altered a check for payment per Chase Bank.
Chase Bank Complaint filed Dec 4, 2013 @ 6:40am was advised by Chase that my account was compromised as the dealership altered my check from 1244 to 12443 for the amount of $500.00 screen shot attached. This opened an ongoing corporate complaint with Chase bank and criminal charges pending.
I also have witnesses to the sale transaction Michelle Espinosa 630-863-9022 and the several phone calls which took place outlining the horrible customer service and foul language from that of Lee Eisenberg. I have another witness a Walmart employee as I was in the store being helped and Lee was on speaker when he swore at me. I am waiting to speak with the lady to get a contact number for her to testify to what she heard from Lee Eisenberg.
I even took a screen shot of my phone to show the ongoing harassment from Bill Kay as late as Jan 17th 2014. Attached
I am pulling the paperwork from the credit companies showing that I had to file a complaint on December 12, 2013 Attached
I have not received any paperwork from Bill Kays Attorney as they claim they are seeking legal action, but this has gone far enough and I have presented evidence of my claims against Bill Kay Nissan and that of Lee Eisenberg. I am now in the process of filing a complaint with the Attorney General Office and the local media to expose the lies against Bill Kay Nissan and that of Lee Eisenberg, And I am also currently in the process of contacting strangers who have publicly voiced complaints against Bill Kay on social websites to get their feedback and maybe if a group of people voice their concerns together someone will have to listen.
I will also start to seek my own legal advice if we cannot bring resolution to this matter, but I will not stop and allow this dealership to get away with the things they are doing to me.
Complaint Resolution: BBB determined the company made a reasonable offer to resolve the issues, but the consumer did not accept the offer.