Complaint Category: Failure to honor a contract or agreement
Complaint: I was sold a vehicle given the keys and drove off with the belief it was financed and mines learned later it was not and i had to return the vehicle.
I went into *** ****'s Five Star Ford to purchase a used vehicle but instead they said they could put me in a new Ford Fusion. The Sale's man came back and said i was approved and financed for 2014 Ford Fusion ON 5/21/2014 vin# 3FA6P0G75ERXXXXXX at the monthly payment of $420,(deal #XXXXXX. I traded in my 1998 jeep Cherokee and gave them $800 total of $1300 as down payment. All parties signed off on the deal and they gave me the keys that day and said it is now your vehicle and your first payment is not due for 45 days. I started getting calls about the vehicle on 6/18/2014 and on 6/27/2014 i was asked to return the vehicle because they had no one to finance the vehicle, has is that possible when i was told at the beginning it was financed and they let me drive off the lot with the vehicle? I returned the Ford Fusion on 6/23/2014 and ask for all that i had given them, they instead tried to see me a 1996 jeep for the $1300 i gave them, i said no i just want my jeep back and my $800 back, i was finally told that they sold my jeep and i could buy the 1996 jeep from them. I ask how is that fair when i did everything asked of me concerning the contract for the new car and now your trying to make me pay for a car that you owe me. They knew i was stranded in Texas and basically said take it or leave it or take the $1300, i told them i need a vehicle to get back to Detroit for a 3pm job interview. The 1996 Jeep had a check engine light, broken front passenger ****** (they refused to fix it) and it rattle underneath the car. They decided to fix the engine light but that's all. The next day they pick me up but the window popped out so now i have to wait for that to get fix, which means i will not make my job interview on 6/25/2014 and it's causing me even more hardship due to their mistakes. 1. they sold me a car that seems like it was never financed. 2.They sold my vehicle and they were not suppose to sell until everything was cleared.
I may have lost a great job opportunity because i cannot get home, oh they did not offer to put me up in a hotel i had to come out my pockets for a place to stay.
Initial Business Response
The customer did sign a contract on the vehicle in question on 05/21/2014. However on his application he claimed he was employed at Gulf Eagle Supply as a driver (XXX-XXX-XXXX). Yet when the finance company tried to verify his Employment they were informed he was not employed at that company. After contacting the customer about this situation the customer informed the finance company he was actually employed somewhere else. The finance company attempted to verify the employment at the 2nd place the customer gave them and the response from that company was that they could not confirm the customer's employment. The finance company contacted the customer a 3rd time and for the 3rd time the customer gave the finance company a different location of employment where he was employed at a minimum wage rate. Unfortunately those wages do not meet the Lenders guidelines for financing.
The customer was notified that he would have to return the New Vehicle due to the fact we were unable to get financing for him since he could not prove adequate employment. We waited another week for the customer to return the vehicle and did not charge or penalize him for the 4500+ miles he added to the vehicle.
Unfortunately as he said we did wholesale his trade in which was valued at $500.00. We admitted our mistake to the customer as soon as he returned our vehicle. Due to this mistake we tried to adequately replace his trade with a like vehicle with less miles on it for $800 which was the down payment he attempted to make on the new purchase. We then told him we would cut him a check for the $500 we applied as his trade in value. Or the other option was to not take the vehicle we offered and we would give him his $800 down payment as well as the $500 we applied to his trade. The customer chose to pay the $800 for our vehicle and take the $500 we offered as the replacement for his trade which was the value we applied to his original deal. We attempted to help him every way we could considering his situation.
Initial Consumer Rebuttal
(The consumer indicated he/she DID NOT accept the response from the business.)
At the purchase of the Ford Fusion from *** ****'s Five Star Ford i was employed with Gulf Eagle Supplies and it was confirmed by 5 Star Ford who contacted my previous employer, they also informed me that that the car was financed and it was a go to take ownership of the Fusion and gave me the keys,put temporary plates on the vehicle and stated i needed to have full coverage on the vehicle before leaving the lot.
Yes 9 days after receiving the vehicle i was released from my employer but on the following day i was employed again to meet my monthly payment obligation of $420 monthly and my new job paid me $501 weekly after taxes and yes i produced a third employment "offer of employment" letter to be exact and surrender a copy of the letter to Star Ford and it was explained to them that this was just an offer letter but i would not be fully employed until all background checks were cleared, Star Ford agreed that both were good enough and also i explained to Tom of financing that i am also employed with PCMI as a substitute teacher in which Tom became very rude and said stated "how the **** can you be a car sales man and work a second job, i've been in sales and you can't do it" i stated to Tom do you know how substitute teaching works and he cut me off and rudely said "just bring the car back before you put any more miles on it", i told it him it was to late for that i'm out of town and then he hung up the phone. All of my jobs were confirmed as being employed and Capital One Finance contacted me and acknowledged that i was employed but they had already sent the contract back to Five Star Ford.
Concerning the Jeep, i was informed by 2 GM of other dealerships and 2 attorneys in Texas that because they auctioned off my vehicle they had to replace it and return my $800 dollars but instead i was bullied into taking a lesser deal after i explained to **** of Five Star Ford my situation. I asked for my jeep back because i had no way back home to Michigan and that's when **** of Five star Ford said "then i guess you need to take the deal or we just give you the $1300 and you find your own way back. I did check flights to see if the $1300 would get me home that day and learned that same day flights were expensive and the bus or train would not get me there on time so i tried to renegotiate the terms and fix the engine problem, the front passenger ****** (that had a piece of mental stuck in the window to hold it up and various other things) **** refused and said take it as is or nothing, after a half hour and talking to lawyers they explained that it was illegal for them to sell your vehicle and not replace it with something comparable, after 20 minutes on the phone **** came and said we will fix the engine issue but not the window, this negotiating went back and forth for hours until i had no choice but to take what was offered so i can try to get back to Michigan. **** ask me if i had somewhere to go and stay because the vehicle would not be fixed until the following day, explained to him no because i thought that this situation would be resolved quickly and i would have been on my way back to Michigan on the same day that i brought the car back. I stated so will you guys be putting me up in a room for the inconvenience and **** stated "you can pay for your own room". The ordeal was very unprofessional and the extreme lack of respect and bully tactic that was used is inexcusable. I was not told the truth of what really happen with the financing of the Ford Fusion (Five Star Ford and i had a contractual agreement and i was told the car was financed)instead i was told on the day of purchase that it was financed and the vehicle was mine (i was buying it and not leasing it),i was pretty much bullied into excepting the deal of Five Star Ford keeping the $800 and i take what they offered or else, i was told i had to pay for the miles i put on it by *** in financing (again i was buying the fusion and not leasing it), i was told i can buy the used 1996 jeep for $1300 after i asked where is my jeep (they would not tell me until i said that i wanted everything back that i gave them, that's when they told me it was sold at an auction which had my (blue tooth, USB, CD, satellite radio all in one) in it that i asked for 3 weeks if i could get out of my jeep that i traded in, then i was bullied into taking a deal, told to get my own room and after all that i still did not get the 1996 jeep back in time to make back to Michigan in time. It was a nightmare and i still have a couple of issues with the vehicle that they gave me.
It was a extremely bad experience and i produced paper after paper of anything they requested.
I would like to thank Jimmy (financing) and **** ******* (sales) they were exceptional in trying to make the experience less painful, *** **** you need to commend the both of them they represent your establishment with integrity.