Complaint Category: Failure to honor a contract or agreement
Complaint: The Finance Manager ******** failed to detail the process of utilizing Pre-Approved Bank Draft PRIOR to signing all legal documents.
8/22/13 I deposited $1,000 for a future delivery of a 2013 Ultra Classic Tri-Glide Black and Cayenne in color. I also obtained a pre-approved bank draft from my credit union for the purchase when upon the bike's arrival at the dealership.
9/16/13 Via telephone, I confirmed the bike had been delivered to the dealership
9/17/13 I responded to the dealership at 0900 to initiate the contract for sale. At that time I presented all documents, called my vehicle insurance company and paid them via electronic transfer for the vehicle insurance. AFTER signing all documentation, I was informed of the procedure that the dealership would be taking for receiving their clear funds from the bank. There was no discussion of this prior to the contract being signed. Had there been such a discussion or disclosure by the dealership prior to the contract being signed, I would have pursued another avenue of financing. In addition, there was NOTHING addressing method or forms of payment accepted mentioned on the contract or other legal paperwork signed by myself and the Dealership Representative.
The Representative stated that they would overnight the original of the Pre-Approved Bank Draft to the bank and that they believed by 9/20 or 9/21 2013 I would be able to take the bike home (that they would not release my bike until such a time as they had the money in their pocket). I was not given any clear reasoning behind their actions of retaining my bike, as there was no protocol established in signage or documentation of and by the Dealership addressing this issue.
On 09/24/2013 after repeated calls to my credit union by myself, my credit union requested that the Dealer Representative initiate a three way call between myself, the Credit Union and the Representative. The Representative stated that they were "too busy" to do that. At that point in time I calmly stated that I felt that perhaps they had promised the bike to another buyer and were trying to force me out of the contract. I also said because of what I perceived to be a stalling tactic, I could not recommend the dealership to my friends and family as a place to do business. I was assured that the bike was still in the shop waiting for me. I further stated that I have been an Harley Owner for over 30 years and have never been put through so much by any dealer in any state prior to this.
Later on 9/24/2013, at 1653 hours and again at 1739 hours, a male saying he was the General Manager with the name of ****** called my phone and said (initially) that he wanted to know what was going on. I tried to tell him the timeline of events but he kept interrupting me and raising his voice. He stated that he was "going to refund my money" and that I could "go somewhere else and buy a bike". I asked him if **** ******* (Owner) was in and he said "no." I told him that I do not want out of the contract and I want him to honor the contract. He said "I can terminate the contract any time I want, for any reason I want, I don't have to do business with you." I reminded him that there is NOTHING in the contract that makes that claim and if need be, then I would obtain an attorney to force him to perform the contract. He then really started getting angrier and talking over me, not letting me say anything further. He said he was no "lawyer" but he did not have to honor the contract. When he called back the second time, he was even more volatile in his speech and loud. I had to raise my voice just to try to talk to him. I had to hang up because he was so out of control.
At this point I am afraid to even go near the dealership to take possession of what is leagally mine according to their contract that was initiated on 09/17/2013.
Initial Business Response
The finance manager at Cool Springs never failed to do anything during the process of ******** ****** attempting to purchase a new 2014 trike from Harley Davidson of Cool Springs.
As the owner of Harley Davidson of Cool springs, I personally tried every conceivable option to try and complete Mrs ******** purchase the day she came in to sign paperwork on the trike. I even called the financial institution where Mrs. ****** was receiving her loan. I was hopeful that there was some sort of new process where upon HDCS faxing or scanning over the documents that a wire transfer could be completed to conclude the purchase of the trike. The lady at the financial institution was very nice and explained that Mrs. ****** was slightly confused about payment to the dealership. She informed me to send the paperwork with signatures from dealership personal as well as Mrs. ****** and that they would process the loan and send payment in form of a check to the dealership in a few days.
As stated, although HDCS has processed several several loans this way, we still took the time to call the financial institution to see if there by chance was some new method or means of getting payment over immediately, however there was not.
Mrs. ****** just would not accept that without payment we could not release the trike to her. I understand that Mrs. ****** had purchase papers drawn up, but without a form of payment she did not purchase anything. She became very demanding and hostile at this point. Demanding that she "watch" us get the paperwork sent over so she could ensure it went out.
I'm sorry, but I don't know what business would release the vehicle without receiving the $34000 it took to purchase it. Mrs. ****** simply demanded the vehicle be released from a faxed copy from her financial institution of a "pre-approved bank draft".
The paperwork was sent out as promised and by the following Wednesday (almost a week later) the check had still not been received from the lender. During this time period Mrs. ****** called into the dealership many many times, getting more angry each time. She eventually started making statements to anyone and everyone who she could get on the phone with regards to how poor of a dealer we are and how she was going to tell all her friends, etc.
At this point we decided we had allowed Mrs. ****** ample time to pay for the vehicle. I had our general manager call and explain to Mrs. ****** we still had not received payment and that at this time we no longer would be doing business with her.
When the check finally did arrive we simply returned it to the lender and refunded Mrs. ******'s deposit money.
The bottom line is HDCS was never paid for the 2014 trike. Although Mrs. ****** believes a "pre-approved bank draft" is payment, it doesn't suffice as payment.
As of today, the 2014 Trike that Mrs. ****** tried purchasing is still available for sale at the dealership.
Complaint Resolution: Company addressed the complaint issues. The consumer failed to acknowledge acceptance to BBB.