IWasTakenToo
Junior Member
What is the name of your state? OHIO
I'm reposting this question that I originally posted a few days ago in the Consumer Contracts section, so I apologize if you have seen this before and wondering if it's just "deja vu". When I found this area, I felt it may be a more appropriate listing. I notice that my post was read several times, but no one has yet replied. Any advice is appreciated!!!
Bought used vehicle 6/1/06. Vehicle left at dealer 6/14/06 for diagnosis/repair noted on "we owe" slip upon delivery. SEVERAL issues at hand here and I could use some advice or help being pointed in the right direction....Here goes...
First, dealer's service department had the vehice for 90 consecutive days! Dealer owns finance company used and they deferred start of loan until they "made it right" - the vehicle, that is. I must tell you I never made one payment because I felt that would be an indication the I acknowledge the debt. As time went on while waiting for them to complete all repairs, the service advisor told me he felt the vehicle had "seen it's lifetime". After car there one week, I was told they replaced oil sending unit, problem still existed, they were going to replace oil pump,etc...Four weeks later, the service advisor calls to "update me" on delivery time for my "new engine". I was NEVER told of this development (vehicle model has long history of blown gasket issues in prior model year) nor was I quoted any estimate...EVER. The story changed over time from new engine to rebuilt engine to finally admitting it was a salvaged engine. At the one month mark I asked them if we shouldn't consider if it was really a wise decision to put so much money into a vehicle that wasn't worth what they were putting into it (they spent over $5000 fixing a 96 Ford Windstar - their cost, not retail!). I asked, repeatedly, to switch to any other comparably priced vehicle on their lot so I could have something that ran, but was refused or brushed off. The speedometer also had what I called "bouncing needle". You never really knew what speed you were driving at. According to Ohio law, the definition of odometer is the device that records mileage, as well as the parts that make it work. This cluster was "all in one". AFTER they replaced the factory engine with a salvaged engine (they think the salvage had about 84K on it...) they replaced the speedometer cluster and had the previous engine's mileage set on it. They did NOT put the required replacement sticker in the door jam (I have photos). They have since resold the vehicle at auction and marked the odometer statement as ACTUAL mileage. After the 90th day at dealership, I picked it up, and within 2-3 weeks the salvage engine was beginning to fail. The last straw was when I was making a left hand turn, engine stalled, semi truck came within one foot of killing my 7 month old son and I. I called service department and finance company after that, asking them to tow vehicle back for repair. My calls were never returned. They instead sent a repo company to my home two days later. NO NOTICE. They had to call for rollback because it wouldn't run.
Now, I have reviewed some of the ORC to see what, if any, rights I have. The finance company is now calling to collect the debt. According to some laws I've seen concerning consumer protection, odometer fraud, etc....I have some questions as to if any of these apply to me:
1. Unconscionable act - overly inflated selling price. They charged me $6995.00 (not including taxes or warranty). on 6/1/06. They sold the vehicle at auction 7 months later for $900.00!!!! I had no trade in so no negative equity to bury...just selling price.
2. Odometer Disclosure and Rollback Act - With the malfunctioning speedometer I told them I was concerned that odometer may not be correct. The only reason they replaced the speedo cluster was because I told them if it wasn't fixed, I was reporting it to the AG's office. Though it was recording mileage, I don't know if it was recording it accurately.
3. Nonconformity - Do I have any recourse with it never working at the level a vehicle of it's age/condition should? Even within just days of replacing the engine with salvaged unit?
4. Repossession/Disposition of Vehicle - Though I found the letter they sent about date it would go to auction, the letter did not list all required information per Ohio law, such as minimum amount it would be sold for, nor can I find any notice in our local paper giving notice of vehicle going to auction as also required in ORC.
Remember, I NEVER made a payment (I only had use of it for a total of 5 weeks at best). Finance company was the one that insisted on deferring start of loan until all major repairs completed to satisfaction. Only money that changed hands was my $400.00 down payment (and the huge commission I'm sure my salesman made). Their collector is now threatening garnishment if no money received by 2/28. They want over $8000.00 for a vehicle I don't have. I understand how this would work on a typical default of installment loan - I would be responsible for difference after sale at auction. But I think this is a little different.
By the way, I did a title search and found the local used car lot that bought it. We went to see them yesterday to fill him in on salvage engine, mileage discrepancy, etc. Felt he had a right to know. It was sold an hour before we got there. The couple that bought it was still there and told me they paid $1600 for it. Even further proof of Inconscionable act in my book**************
Any legal words of wisdom from anyone out there?????
Thank you!!!
I'm reposting this question that I originally posted a few days ago in the Consumer Contracts section, so I apologize if you have seen this before and wondering if it's just "deja vu". When I found this area, I felt it may be a more appropriate listing. I notice that my post was read several times, but no one has yet replied. Any advice is appreciated!!!
Bought used vehicle 6/1/06. Vehicle left at dealer 6/14/06 for diagnosis/repair noted on "we owe" slip upon delivery. SEVERAL issues at hand here and I could use some advice or help being pointed in the right direction....Here goes...
First, dealer's service department had the vehice for 90 consecutive days! Dealer owns finance company used and they deferred start of loan until they "made it right" - the vehicle, that is. I must tell you I never made one payment because I felt that would be an indication the I acknowledge the debt. As time went on while waiting for them to complete all repairs, the service advisor told me he felt the vehicle had "seen it's lifetime". After car there one week, I was told they replaced oil sending unit, problem still existed, they were going to replace oil pump,etc...Four weeks later, the service advisor calls to "update me" on delivery time for my "new engine". I was NEVER told of this development (vehicle model has long history of blown gasket issues in prior model year) nor was I quoted any estimate...EVER. The story changed over time from new engine to rebuilt engine to finally admitting it was a salvaged engine. At the one month mark I asked them if we shouldn't consider if it was really a wise decision to put so much money into a vehicle that wasn't worth what they were putting into it (they spent over $5000 fixing a 96 Ford Windstar - their cost, not retail!). I asked, repeatedly, to switch to any other comparably priced vehicle on their lot so I could have something that ran, but was refused or brushed off. The speedometer also had what I called "bouncing needle". You never really knew what speed you were driving at. According to Ohio law, the definition of odometer is the device that records mileage, as well as the parts that make it work. This cluster was "all in one". AFTER they replaced the factory engine with a salvaged engine (they think the salvage had about 84K on it...) they replaced the speedometer cluster and had the previous engine's mileage set on it. They did NOT put the required replacement sticker in the door jam (I have photos). They have since resold the vehicle at auction and marked the odometer statement as ACTUAL mileage. After the 90th day at dealership, I picked it up, and within 2-3 weeks the salvage engine was beginning to fail. The last straw was when I was making a left hand turn, engine stalled, semi truck came within one foot of killing my 7 month old son and I. I called service department and finance company after that, asking them to tow vehicle back for repair. My calls were never returned. They instead sent a repo company to my home two days later. NO NOTICE. They had to call for rollback because it wouldn't run.
Now, I have reviewed some of the ORC to see what, if any, rights I have. The finance company is now calling to collect the debt. According to some laws I've seen concerning consumer protection, odometer fraud, etc....I have some questions as to if any of these apply to me:
1. Unconscionable act - overly inflated selling price. They charged me $6995.00 (not including taxes or warranty). on 6/1/06. They sold the vehicle at auction 7 months later for $900.00!!!! I had no trade in so no negative equity to bury...just selling price.
2. Odometer Disclosure and Rollback Act - With the malfunctioning speedometer I told them I was concerned that odometer may not be correct. The only reason they replaced the speedo cluster was because I told them if it wasn't fixed, I was reporting it to the AG's office. Though it was recording mileage, I don't know if it was recording it accurately.
3. Nonconformity - Do I have any recourse with it never working at the level a vehicle of it's age/condition should? Even within just days of replacing the engine with salvaged unit?
4. Repossession/Disposition of Vehicle - Though I found the letter they sent about date it would go to auction, the letter did not list all required information per Ohio law, such as minimum amount it would be sold for, nor can I find any notice in our local paper giving notice of vehicle going to auction as also required in ORC.
Remember, I NEVER made a payment (I only had use of it for a total of 5 weeks at best). Finance company was the one that insisted on deferring start of loan until all major repairs completed to satisfaction. Only money that changed hands was my $400.00 down payment (and the huge commission I'm sure my salesman made). Their collector is now threatening garnishment if no money received by 2/28. They want over $8000.00 for a vehicle I don't have. I understand how this would work on a typical default of installment loan - I would be responsible for difference after sale at auction. But I think this is a little different.
By the way, I did a title search and found the local used car lot that bought it. We went to see them yesterday to fill him in on salvage engine, mileage discrepancy, etc. Felt he had a right to know. It was sold an hour before we got there. The couple that bought it was still there and told me they paid $1600 for it. Even further proof of Inconscionable act in my book**************
Any legal words of wisdom from anyone out there?????
Thank you!!!