Print the value of index0
d**k Hannah Vancouver Honda, Toyota, Volkswagen, Acura, Chrysler Jeep, www.dickhannah.com WASHINGTON STATE DEPARTMENT OF LICENSING, WASHINGTON STATE ATTORNEY GENERAL, NEW CAR DEALERS, PAYOFF, YOUR TRADE-IN VEHICLE, THE LENDER, LIENHOLDER, OR BANK AS REQUIRED BY LAW ? CORRUPTION RIPOFF VANCOUVER WASHINGTON
I RECENTLY PURCHASED A NEW CAR, AND THE DEALER DID SELL ME THE CAR FOR THE AGREED PRICE, AND TERMS:
I CALLED THE FINANCE MANAGER AT THE DEALERSHIP AND ASKED THEM WHY MY TRADE-IN VEHICLE'S LOAN HAD N0T BEEN PAID OFF WITHIN TWO 2 WEEKS? HE SAID " WE WILL PAY OFF THE LOAN ON YOUR TRADE-IN AFTER YOU SIGN, AN, (oregon state dmv power of attorney release form)" I TOLD THE DEALERSHIP I WILL NOT SIGN ANY OUT OF STATE (OREGON)
POWER OF ATTORNEY FORM, UNTIL MY TRADE-IN CAR IS PAID OFF IN FULL!
I ASSUMED IT WAS A TEN (10) DAY RULE, OR LAW? IN WASHINGTON STATE: THAT THE LIENHOLDER SHOULD BE PAID OFF:
THE WASHINGTON STATE DEPT. OF LICENSING DOES WARN & FINE CAR DEALERS FOR NOT PAYING OFF LIENHOLDERS IN A
( TIMELY MANNER ), I DECIDED TO FIND OUT WHAT A
(TIMELY MANNER WAS? )
THE CLARK COUNTY AUDITOR'S OFFICE,WOULD NOT,OR COULD NOT TELL ME HOW MANY DAYS A WASHINGTON STATE, CAR DEALERSHIP HAS TO PAY OFF THE LIEN HOLDER?
THEY TOLD ME TO CALL THE DEPARTMENT OF LICENSING?
I THEN CALLED THE WASHINGTON STATE ATTORNEY GENERAL, CONSUMER PROTECTION DIVISION:
THEY REFUSED TO TELL ME HOW LONG A DEALERSHIP HAS TO PAY-OFF YOUR TRADE-IN, OR THE LIENHOLDER ?
THEY SAID THEY DID NOT HAVE THE ( WAC ), OR LAW IN FRONT OF THEM?
SO I CALLED THE WASHINGTON STATE DEPARTMENT OF LICENSING, THEY TRANSFERRED ME TWICE, & TOLD ME THEY DID NOT KNOW THE ANSWER TO MY SIMPLE QUESTION? I THEN LEFT A MESSAGE WITH A WASHINGTON STATE DEPT. OF LICENSING, INVESTIGATOR?
THEY RETURNED MY CALL THE NEXT DAY ,& LEFT A MESSAGE 0N MY ANSWERING MACHINE, THEY SAID "A CAR DEALER IN THE STATE OF WASHINGTON HAS (45) FORTY FIVE DAYS "??? TO PAY OFF YOUR TRADE-IN VEHICLE: ????
I ALSO ASKED THE DEALERSHIP'S FINANCE MANAGER, HOW LONG THEY HAD TO PAYOFF MY TRADE-IN VEHICLE'S LOAN? HE SAID HE DID NOT KNOW? I SAID IT WAS TEN (10) DAYS?, AND HE SAID,
( "I DON'T THINK ITS A LAW THOUGH!" )
SO MY TRADE-IN VEHICLES LOAN, OR THE LIENHOLDER, HAS NOT BEEN PAID OFF YET? I HAVE LICENSE PLATES ON MY NEW CAR?, SO THE LOAN HAS BEEN APPROVED AND FUNDED, YET WHEN I CALL MY BANK TO SEE IF MY TRADE-IN VEHICLE IS PAID OFF?, THE LOAN IS STILL ACTIVE ACCORDING TO MY BANK'S 1-800 NUMBER, ITS BEEN OVER THREE WEEKS AT THIS POINT?
THE CAR DEALER SAYS THEY WILL REFUND ME THE EXTRA INTEREST? I WILL BELIEVE THAT, WHEN I SEE IT?
I DID LOOK UP THE LAW, OR (WAC) IN THE STATE OF WASHINGTON:
AND HERE IS WHAT, THE WASHINGTON STATE DEPTARTMENT OF LICENSING, THE CLARK COUNTY AUDITOR, THE WASHINGTON STATE ATTORNEY GENERAL, CONSUMER PROTECTION DIVISION
& THE d**k HANNAH NEW CAR DEALERSHIP, COULD NOT OR WOULD NOT TELL ME:??????????
IF THIS IS THE LAW?: CAR DEALERS IN WASHINGTON STATE HAVE TW0 (2) BUSINESS DAYS TO PAY OFF YOUR TRADE-IN VEHICLE:
BELOW IS THE LAW AS POSTED ON THE WASHINGTON STATE WEB SITE:
IF THIS IS THE LAW? THE CAR DEALERS, & THE STATE OF WASHINGTON HAVE DONE A VERY POOR JOB OF INFORMING THE PUBLIC:
TITLES >> WAC 308 TITLE >> WAC 308 - 66 CHAPTER Print Version
308-66-190 > 308-66-200
WAC 308-66-195 Possession of certificates of ownership. How do I possess such documents? (1) A vehicle dealer must have possession of a separate certificate of ownership for each used vehicle kept in the dealer's inventory unless the certificate of ownership is in the possession of the person holding a security interest in the dealer's inventory. Possession is accomplished by the dealer obtaining either:
(a) A separate certificate of ownership in the name of the dealer, or the dealer's immediate vendor, properly assigned; or
(b) Evidence that the dealer owns the vehicle, such as a bill of sale or purchase order, together with evidence that the dealer has satisfied or paid off any lienholder on the vehicle.
(2) If there is a lienholder on any vehicle acquired by the dealer, the dealer must obtain possession of the title by paying off any balance due to the lienholder no later than the close of the second business day following the date of acquisition of the vehicle by the dealer. For purposes of this section, if a dealer takes possession of a vehicle as a trade-in, a dealer acquires that trade-in vehicle when the dealer takes possession of the vehicle and unconditionally sells another vehicle for which the trade-in vehicle is part of the price in accordance with RCW 46.70.180(4).
***************************
NEW CAR BUYER
VANCOUVER, Washington
U.S.A.
7 Updates & Rebuttals
Richard
Auburn,Washington,
U.S.A.
The dealer screwed up
#8Consumer Comment
Wed, June 14, 2006
I am a car dealer. When a buyer is trading in a car that has a loan balance on it,we have them sign what is called a "5 way" form. 2 powers of attorney specifically related to the auto beinf traded in, a bill of sale, and authorization for payoff, and a "in leui of physical title", meaning, you don'y have a tile because the bank still has it.
The forms are needed in order to make your payoff. Especially in this day and age of privacy laws, if a dealer or anybody sent a check to your current lienholder, ie: the bank holding the note on your trade in, it would be refused without a POA or an authorization for the dealer to pay it off.
It sounds like the dealer screwed up and wasn't able to make the payoff without the correct form, PLUS he screwed up by not explaining to you excatly what the form was that he needed to complete the payoff.
If he had used different language with you, it might have gone smoother.
"Why isn't my loan paid off?"
"Mrs. Customer, I am so sorry. When you signed the new loan papers on your new car, we failed to get your signature on the proper paperwork in order to pay off your trade in loan. Would it be possible for you to stop by and we will get that taken care of posthaste?"
The good news is this: Rarely will a bank report a late payment in this instance if they are informed as to what happened.
The second piece of good news is that the dealer is stuck paying the overage on interest for not paying off the loan in a timely manner.
Good luck.
Bill
Vancouver,Washington,
U.S.A.
oregon dmv poa
#8Consumer Suggestion
Wed, March 08, 2006
it appears that the car you traded in was licensed in oregon. usually dealers cant pay a trade off without the power of attorney in oregon. looks like the onus is on you buddy. i suggest signing it so it can be paid off. good luck
Pa
Longview,Washington,
U.S.A.
Is your loan paid off yet from lender?
#8Consumer Suggestion
Sat, February 05, 2005
For a dealer to payoff the loan they need an "AUthorization to Pay Off Loan" signed by you. They have two (2)BUSINESS DAYS in Washington to pay off your lender. You can file a complaint against d**k Hannah Motors with the Washington State Department of Licensing. The fine is $1000 for this. It doesn't matter if your loan is paid off now. Dealer licensing fines dealers for this all the time in Washington State. d**k Hannah Motors has paid thousands of $$ in fines already, you might as well help them pay another one.
Here's the link
http://www.dol.wa.gov/forms/430110.htm
to the FORM at Dealer Licensing to complain about a dealer, print it, fill it out and get a document showing the date you bought the car, and getr a lettter from your lender showing date they got paid off...attach to your complaint....37 cent postage should cost Hannah $100 fine.
Stick - Rip-off Report Consumer Advocate
Phoenix,Arizona,
U.S.A.
Here is some good Reading for you car buyers and car dealer VICTIMS
#8Consumer Comment
Mon, January 03, 2005
The reason car dealers love to use Arbitration
Car dealers say
("Arbitration. The reason they arbitrate instead of litigate is to save both parties money. An independent, neutral arbitrator is much less costly than hiring attorneys and going to court.")
The above statement is all BS in MY OPINION! Some arbitrators are in bed with the car dealer's attorneys. So who is in bed with the car buyer protecting them from a Rip Off?
Ever notice that your local TV stations "ON Your Side" programs never do any stories on new car dealers! Like to know why TV stations don't like to expose new car dealer dirty scams? Because they love all of the advertising money they get from car dealers.
Now let's all get to the real reason car dealers like to slip in an arbitration clause in their contracts.
Now I hope I will clear any misunderstanding for all who read this right NOW!
Let's say that you bought a car from your so called friendly car dealer and soon after your purchase you find you been Ripped OFF!
So you think you can take a car dealer to court and get your case in front of an honest jury, RIGHT? FAT CHANCE in most cases!
Think again and then read the below what I found on the net. Print this off if you are a car buyer and save it if you do not fully understand it. Have someone you FULLY trust read it then explain it to you. Don't ask a car dealer to explain it to you.
Here it is.
"June 7, 2000Chairman Gekas and Members of the Subcommittee, Public Citizen is submitting this testimony because we believe that the use of mandatory pre-dispute arbitration clauses presents a grave problem for consumer rights and public safety.
The use of mandatory pre-dispute arbitration clauses is growing at an alarming rate and congressional action is urgently needed. If the trend continues, soon we will have a private justice system adjudicating disputes that is largely controlled by corporations.
Automobile Consumer Credit Fraud
On January 31, 1999, Ann Brown of Sandusky, Ohio borrowed $5,500 at 25% interest from a J.D. Byrider Franchise car lot to finance her purchase of a car from Byrider's used car lot.
The car turned out to be a "junker" and a safety hazard. The entire wheel and axle fell off when Ms. Brown's teenage daughter was driving down the road.
In her lawsuit in Ohio court, Ms. Brown alleged that she was forced to pay an artificially inflated price in violation of the Truth in Lending Act.
Ms. Brown also alleged that Byrider violated the Truth in Lending Act by requiring her to accept an $895 warranty fee that was also to be financed by J.D. Byrider at 25% interest. In addition, Ms. Brown alleged violations of the Ohio Sales Practices Act and fraud.
But Ms. Brown was denied her day in court by the district court in Ohio, which ruled that the arbitration agreement contained in Ms. Brown's contract had to be enforced because of the FAA's policy favoring arbitration.
Under that arbitration clause, Ms. Brown LOST ALL her claims under state and federal lending and consumer protection laws although Byrider retained the right to sue her.
She also waived her right to punitive damages, no matter how reckless or malicious Byrider's conduct. Instead, she must proceed under Byrider's choice of arbitration, for which she must pay half the costs and attorney fees.
The costs of arbitration, which begin with $300 -- $500 filing fees and approximately $1,500 per day arbitrator's fee, exceed the value of her claim. It is simply not worth it to take the case to arbitration.
In sum, Byrider is using this arbitration clause to insulate itself from the consequences of violating the Truth in Lending Act, Ohio Sales Practices Act and flat-out fraud.
Ms. Brown did not understand that she was waiving her right to go to court when she signed an arbitration agreement with Byrider.
This is hardly surprising because the Byrider financing officer himself had no idea what arbitration is or what the rules of arbitration are, so he was unable to tell Ms. Brown what rights she was waiving.
(Foot Note for above paragraph "F&I CLOWN was Cheap labor)
Nor was she given an option -- the credit contract was presented in a standard form, take-it-or-leave-it format and she was not allowed to challenge any of its provisions.
The mandatory arbitration provision only applied to Ms. Brown. Had she defaulted on her loan, Byrider would have been able to file a lawsuit against her.
When Ms. Brown first filed her lawsuit, Byrider stopped using the mandatory arbitration clauses in their contracts. But once the courts refused to vindicate Ms. Brown's rights in court in favor of arbitration, Byrider began using the clauses again.
Ms. Brown's attorneys have received inquiries from over 40 consumers similarly defrauded by Byrider. Unfortunately, no matter how many of J.D. Byrider's former customers are defrauded, they cannot file as a class action because the mandatory arbitration clauses in their contracts waive their right to maintain class actions.
Don't EVER think that car dealers hire lawyers to write up car buying contracts that help protect consumers from auto dealer deception.
If your so called friendly car dealer wants you to sign a contract that has a built-in mandatory arbitration clause in their contract or a single document that is an arbitration addendum
tell them to SHOVE IT and to GO TO HELL.
Car dealers DO NOT want any car buyer to get a law suit to get infront of a JURY. The above was a fast slick way to stop any car buyer's case to get to a jury!
Think of this. Why is it that you almost NEVER see a newspaper or TV station do a big story on local car dealer scams? They don't like to bite the big hands that feed them. $$$$$ is at stake!
Here in AZ I think the car buyer has no clue as to how deceptive a car dealer can be. Can't get any local media to talk about car dealers and their scams. If you want to put what I am saying to the test, try this hat on for size.
I have been listening to KFYI for maybe 11 years. I can say they get my attention with some of the topics that they have. You might say I enjoy 550 KFYI. They have a "Talk Show Host" named Bruce Jacobs. He does not seem to be a bad guy. He might have "little man syndrome", but other then that he seems OK.
Some might say he is fun to listen to. So one day I contacted him to ask why is it that he will talk about pretty much anything people want to chat about except Car Dealer Scams? So I decide to put him to the test. I email him at brucejacobs@KFYI.com and ask him why is it he never talks about "Auto Dealer Scams" and how car dealers Rip Off Car buyers.
Email Bruce and ask him about why he does not chat "LIVE" about car dealer scams. Then post his reply on this Rip Off Report. I would love to see what he tells all who email him.
His email address is brucejacobs@KFYI.com He works at 550 KFYI, AM, Phoenix. Call him up @ 602-258-5394 from 5AM to 8AM and ask him on his morning show is Stick Right about why he will not chat LIVE about car dealer scams.
I don't care what state you live in, Email Bruce at brucejacobs@KFYI.com and ask him is there an unspoken rule about not exposing car dealer scams! Ask is car dealer advertising money more important then informing and protecting their listeners from car dealer Rip Off's?
I wonder why you can't read up on info like this in your local newspaper? Maybe car dealers would pull their advertising money if a newspaper started reporting on car dealer scams!
To put what I am saying to the test, Email Bruce and ask him!
To the person that posted this Rip Off Report. Look at all of the documentation that your car dealer had you sign. Look for the word
"Arbitration" I bet you unknowingly agreed to it.
Stick - Rip-off Report Consumer Advocate
Phoenix,Arizona,
U.S.A.
Here is some good Reading for you car buyers and car dealer VICTIMS
#8Consumer Comment
Mon, January 03, 2005
The reason car dealers love to use Arbitration
Car dealers say
("Arbitration. The reason they arbitrate instead of litigate is to save both parties money. An independent, neutral arbitrator is much less costly than hiring attorneys and going to court.")
The above statement is all BS in MY OPINION! Some arbitrators are in bed with the car dealer's attorneys. So who is in bed with the car buyer protecting them from a Rip Off?
Ever notice that your local TV stations "ON Your Side" programs never do any stories on new car dealers! Like to know why TV stations don't like to expose new car dealer dirty scams? Because they love all of the advertising money they get from car dealers.
Now let's all get to the real reason car dealers like to slip in an arbitration clause in their contracts.
Now I hope I will clear any misunderstanding for all who read this right NOW!
Let's say that you bought a car from your so called friendly car dealer and soon after your purchase you find you been Ripped OFF!
So you think you can take a car dealer to court and get your case in front of an honest jury, RIGHT? FAT CHANCE in most cases!
Think again and then read the below what I found on the net. Print this off if you are a car buyer and save it if you do not fully understand it. Have someone you FULLY trust read it then explain it to you. Don't ask a car dealer to explain it to you.
Here it is.
"June 7, 2000Chairman Gekas and Members of the Subcommittee, Public Citizen is submitting this testimony because we believe that the use of mandatory pre-dispute arbitration clauses presents a grave problem for consumer rights and public safety.
The use of mandatory pre-dispute arbitration clauses is growing at an alarming rate and congressional action is urgently needed. If the trend continues, soon we will have a private justice system adjudicating disputes that is largely controlled by corporations.
Automobile Consumer Credit Fraud
On January 31, 1999, Ann Brown of Sandusky, Ohio borrowed $5,500 at 25% interest from a J.D. Byrider Franchise car lot to finance her purchase of a car from Byrider's used car lot.
The car turned out to be a "junker" and a safety hazard. The entire wheel and axle fell off when Ms. Brown's teenage daughter was driving down the road.
In her lawsuit in Ohio court, Ms. Brown alleged that she was forced to pay an artificially inflated price in violation of the Truth in Lending Act.
Ms. Brown also alleged that Byrider violated the Truth in Lending Act by requiring her to accept an $895 warranty fee that was also to be financed by J.D. Byrider at 25% interest. In addition, Ms. Brown alleged violations of the Ohio Sales Practices Act and fraud.
But Ms. Brown was denied her day in court by the district court in Ohio, which ruled that the arbitration agreement contained in Ms. Brown's contract had to be enforced because of the FAA's policy favoring arbitration.
Under that arbitration clause, Ms. Brown LOST ALL her claims under state and federal lending and consumer protection laws although Byrider retained the right to sue her.
She also waived her right to punitive damages, no matter how reckless or malicious Byrider's conduct. Instead, she must proceed under Byrider's choice of arbitration, for which she must pay half the costs and attorney fees.
The costs of arbitration, which begin with $300 -- $500 filing fees and approximately $1,500 per day arbitrator's fee, exceed the value of her claim. It is simply not worth it to take the case to arbitration.
In sum, Byrider is using this arbitration clause to insulate itself from the consequences of violating the Truth in Lending Act, Ohio Sales Practices Act and flat-out fraud.
Ms. Brown did not understand that she was waiving her right to go to court when she signed an arbitration agreement with Byrider.
This is hardly surprising because the Byrider financing officer himself had no idea what arbitration is or what the rules of arbitration are, so he was unable to tell Ms. Brown what rights she was waiving.
(Foot Note for above paragraph "F&I CLOWN was Cheap labor)
Nor was she given an option -- the credit contract was presented in a standard form, take-it-or-leave-it format and she was not allowed to challenge any of its provisions.
The mandatory arbitration provision only applied to Ms. Brown. Had she defaulted on her loan, Byrider would have been able to file a lawsuit against her.
When Ms. Brown first filed her lawsuit, Byrider stopped using the mandatory arbitration clauses in their contracts. But once the courts refused to vindicate Ms. Brown's rights in court in favor of arbitration, Byrider began using the clauses again.
Ms. Brown's attorneys have received inquiries from over 40 consumers similarly defrauded by Byrider. Unfortunately, no matter how many of J.D. Byrider's former customers are defrauded, they cannot file as a class action because the mandatory arbitration clauses in their contracts waive their right to maintain class actions.
Don't EVER think that car dealers hire lawyers to write up car buying contracts that help protect consumers from auto dealer deception.
If your so called friendly car dealer wants you to sign a contract that has a built-in mandatory arbitration clause in their contract or a single document that is an arbitration addendum
tell them to SHOVE IT and to GO TO HELL.
Car dealers DO NOT want any car buyer to get a law suit to get infront of a JURY. The above was a fast slick way to stop any car buyer's case to get to a jury!
Think of this. Why is it that you almost NEVER see a newspaper or TV station do a big story on local car dealer scams? They don't like to bite the big hands that feed them. $$$$$ is at stake!
Here in AZ I think the car buyer has no clue as to how deceptive a car dealer can be. Can't get any local media to talk about car dealers and their scams. If you want to put what I am saying to the test, try this hat on for size.
I have been listening to KFYI for maybe 11 years. I can say they get my attention with some of the topics that they have. You might say I enjoy 550 KFYI. They have a "Talk Show Host" named Bruce Jacobs. He does not seem to be a bad guy. He might have "little man syndrome", but other then that he seems OK.
Some might say he is fun to listen to. So one day I contacted him to ask why is it that he will talk about pretty much anything people want to chat about except Car Dealer Scams? So I decide to put him to the test. I email him at brucejacobs@KFYI.com and ask him why is it he never talks about "Auto Dealer Scams" and how car dealers Rip Off Car buyers.
Email Bruce and ask him about why he does not chat "LIVE" about car dealer scams. Then post his reply on this Rip Off Report. I would love to see what he tells all who email him.
His email address is brucejacobs@KFYI.com He works at 550 KFYI, AM, Phoenix. Call him up @ 602-258-5394 from 5AM to 8AM and ask him on his morning show is Stick Right about why he will not chat LIVE about car dealer scams.
I don't care what state you live in, Email Bruce at brucejacobs@KFYI.com and ask him is there an unspoken rule about not exposing car dealer scams! Ask is car dealer advertising money more important then informing and protecting their listeners from car dealer Rip Off's?
I wonder why you can't read up on info like this in your local newspaper? Maybe car dealers would pull their advertising money if a newspaper started reporting on car dealer scams!
To put what I am saying to the test, Email Bruce and ask him!
To the person that posted this Rip Off Report. Look at all of the documentation that your car dealer had you sign. Look for the word
"Arbitration" I bet you unknowingly agreed to it.
Stick - Rip-off Report Consumer Advocate
Phoenix,Arizona,
U.S.A.
Here is some good Reading for you car buyers and car dealer VICTIMS
#8Consumer Comment
Mon, January 03, 2005
The reason car dealers love to use Arbitration
Car dealers say
("Arbitration. The reason they arbitrate instead of litigate is to save both parties money. An independent, neutral arbitrator is much less costly than hiring attorneys and going to court.")
The above statement is all BS in MY OPINION! Some arbitrators are in bed with the car dealer's attorneys. So who is in bed with the car buyer protecting them from a Rip Off?
Ever notice that your local TV stations "ON Your Side" programs never do any stories on new car dealers! Like to know why TV stations don't like to expose new car dealer dirty scams? Because they love all of the advertising money they get from car dealers.
Now let's all get to the real reason car dealers like to slip in an arbitration clause in their contracts.
Now I hope I will clear any misunderstanding for all who read this right NOW!
Let's say that you bought a car from your so called friendly car dealer and soon after your purchase you find you been Ripped OFF!
So you think you can take a car dealer to court and get your case in front of an honest jury, RIGHT? FAT CHANCE in most cases!
Think again and then read the below what I found on the net. Print this off if you are a car buyer and save it if you do not fully understand it. Have someone you FULLY trust read it then explain it to you. Don't ask a car dealer to explain it to you.
Here it is.
"June 7, 2000Chairman Gekas and Members of the Subcommittee, Public Citizen is submitting this testimony because we believe that the use of mandatory pre-dispute arbitration clauses presents a grave problem for consumer rights and public safety.
The use of mandatory pre-dispute arbitration clauses is growing at an alarming rate and congressional action is urgently needed. If the trend continues, soon we will have a private justice system adjudicating disputes that is largely controlled by corporations.
Automobile Consumer Credit Fraud
On January 31, 1999, Ann Brown of Sandusky, Ohio borrowed $5,500 at 25% interest from a J.D. Byrider Franchise car lot to finance her purchase of a car from Byrider's used car lot.
The car turned out to be a "junker" and a safety hazard. The entire wheel and axle fell off when Ms. Brown's teenage daughter was driving down the road.
In her lawsuit in Ohio court, Ms. Brown alleged that she was forced to pay an artificially inflated price in violation of the Truth in Lending Act.
Ms. Brown also alleged that Byrider violated the Truth in Lending Act by requiring her to accept an $895 warranty fee that was also to be financed by J.D. Byrider at 25% interest. In addition, Ms. Brown alleged violations of the Ohio Sales Practices Act and fraud.
But Ms. Brown was denied her day in court by the district court in Ohio, which ruled that the arbitration agreement contained in Ms. Brown's contract had to be enforced because of the FAA's policy favoring arbitration.
Under that arbitration clause, Ms. Brown LOST ALL her claims under state and federal lending and consumer protection laws although Byrider retained the right to sue her.
She also waived her right to punitive damages, no matter how reckless or malicious Byrider's conduct. Instead, she must proceed under Byrider's choice of arbitration, for which she must pay half the costs and attorney fees.
The costs of arbitration, which begin with $300 -- $500 filing fees and approximately $1,500 per day arbitrator's fee, exceed the value of her claim. It is simply not worth it to take the case to arbitration.
In sum, Byrider is using this arbitration clause to insulate itself from the consequences of violating the Truth in Lending Act, Ohio Sales Practices Act and flat-out fraud.
Ms. Brown did not understand that she was waiving her right to go to court when she signed an arbitration agreement with Byrider.
This is hardly surprising because the Byrider financing officer himself had no idea what arbitration is or what the rules of arbitration are, so he was unable to tell Ms. Brown what rights she was waiving.
(Foot Note for above paragraph "F&I CLOWN was Cheap labor)
Nor was she given an option -- the credit contract was presented in a standard form, take-it-or-leave-it format and she was not allowed to challenge any of its provisions.
The mandatory arbitration provision only applied to Ms. Brown. Had she defaulted on her loan, Byrider would have been able to file a lawsuit against her.
When Ms. Brown first filed her lawsuit, Byrider stopped using the mandatory arbitration clauses in their contracts. But once the courts refused to vindicate Ms. Brown's rights in court in favor of arbitration, Byrider began using the clauses again.
Ms. Brown's attorneys have received inquiries from over 40 consumers similarly defrauded by Byrider. Unfortunately, no matter how many of J.D. Byrider's former customers are defrauded, they cannot file as a class action because the mandatory arbitration clauses in their contracts waive their right to maintain class actions.
Don't EVER think that car dealers hire lawyers to write up car buying contracts that help protect consumers from auto dealer deception.
If your so called friendly car dealer wants you to sign a contract that has a built-in mandatory arbitration clause in their contract or a single document that is an arbitration addendum
tell them to SHOVE IT and to GO TO HELL.
Car dealers DO NOT want any car buyer to get a law suit to get infront of a JURY. The above was a fast slick way to stop any car buyer's case to get to a jury!
Think of this. Why is it that you almost NEVER see a newspaper or TV station do a big story on local car dealer scams? They don't like to bite the big hands that feed them. $$$$$ is at stake!
Here in AZ I think the car buyer has no clue as to how deceptive a car dealer can be. Can't get any local media to talk about car dealers and their scams. If you want to put what I am saying to the test, try this hat on for size.
I have been listening to KFYI for maybe 11 years. I can say they get my attention with some of the topics that they have. You might say I enjoy 550 KFYI. They have a "Talk Show Host" named Bruce Jacobs. He does not seem to be a bad guy. He might have "little man syndrome", but other then that he seems OK.
Some might say he is fun to listen to. So one day I contacted him to ask why is it that he will talk about pretty much anything people want to chat about except Car Dealer Scams? So I decide to put him to the test. I email him at brucejacobs@KFYI.com and ask him why is it he never talks about "Auto Dealer Scams" and how car dealers Rip Off Car buyers.
Email Bruce and ask him about why he does not chat "LIVE" about car dealer scams. Then post his reply on this Rip Off Report. I would love to see what he tells all who email him.
His email address is brucejacobs@KFYI.com He works at 550 KFYI, AM, Phoenix. Call him up @ 602-258-5394 from 5AM to 8AM and ask him on his morning show is Stick Right about why he will not chat LIVE about car dealer scams.
I don't care what state you live in, Email Bruce at brucejacobs@KFYI.com and ask him is there an unspoken rule about not exposing car dealer scams! Ask is car dealer advertising money more important then informing and protecting their listeners from car dealer Rip Off's?
I wonder why you can't read up on info like this in your local newspaper? Maybe car dealers would pull their advertising money if a newspaper started reporting on car dealer scams!
To put what I am saying to the test, Email Bruce and ask him!
To the person that posted this Rip Off Report. Look at all of the documentation that your car dealer had you sign. Look for the word
"Arbitration" I bet you unknowingly agreed to it.
Stick - Rip-off Report Consumer Advocate
Phoenix,Arizona,
U.S.A.
Here is some good Reading for you car buyers and car dealer VICTIMS
#8Consumer Comment
Mon, January 03, 2005
The reason car dealers love to use Arbitration
Car dealers say
("Arbitration. The reason they arbitrate instead of litigate is to save both parties money. An independent, neutral arbitrator is much less costly than hiring attorneys and going to court.")
The above statement is all BS in MY OPINION! Some arbitrators are in bed with the car dealer's attorneys. So who is in bed with the car buyer protecting them from a Rip Off?
Ever notice that your local TV stations "ON Your Side" programs never do any stories on new car dealers! Like to know why TV stations don't like to expose new car dealer dirty scams? Because they love all of the advertising money they get from car dealers.
Now let's all get to the real reason car dealers like to slip in an arbitration clause in their contracts.
Now I hope I will clear any misunderstanding for all who read this right NOW!
Let's say that you bought a car from your so called friendly car dealer and soon after your purchase you find you been Ripped OFF!
So you think you can take a car dealer to court and get your case in front of an honest jury, RIGHT? FAT CHANCE in most cases!
Think again and then read the below what I found on the net. Print this off if you are a car buyer and save it if you do not fully understand it. Have someone you FULLY trust read it then explain it to you. Don't ask a car dealer to explain it to you.
Here it is.
"June 7, 2000Chairman Gekas and Members of the Subcommittee, Public Citizen is submitting this testimony because we believe that the use of mandatory pre-dispute arbitration clauses presents a grave problem for consumer rights and public safety.
The use of mandatory pre-dispute arbitration clauses is growing at an alarming rate and congressional action is urgently needed. If the trend continues, soon we will have a private justice system adjudicating disputes that is largely controlled by corporations.
Automobile Consumer Credit Fraud
On January 31, 1999, Ann Brown of Sandusky, Ohio borrowed $5,500 at 25% interest from a J.D. Byrider Franchise car lot to finance her purchase of a car from Byrider's used car lot.
The car turned out to be a "junker" and a safety hazard. The entire wheel and axle fell off when Ms. Brown's teenage daughter was driving down the road.
In her lawsuit in Ohio court, Ms. Brown alleged that she was forced to pay an artificially inflated price in violation of the Truth in Lending Act.
Ms. Brown also alleged that Byrider violated the Truth in Lending Act by requiring her to accept an $895 warranty fee that was also to be financed by J.D. Byrider at 25% interest. In addition, Ms. Brown alleged violations of the Ohio Sales Practices Act and fraud.
But Ms. Brown was denied her day in court by the district court in Ohio, which ruled that the arbitration agreement contained in Ms. Brown's contract had to be enforced because of the FAA's policy favoring arbitration.
Under that arbitration clause, Ms. Brown LOST ALL her claims under state and federal lending and consumer protection laws although Byrider retained the right to sue her.
She also waived her right to punitive damages, no matter how reckless or malicious Byrider's conduct. Instead, she must proceed under Byrider's choice of arbitration, for which she must pay half the costs and attorney fees.
The costs of arbitration, which begin with $300 -- $500 filing fees and approximately $1,500 per day arbitrator's fee, exceed the value of her claim. It is simply not worth it to take the case to arbitration.
In sum, Byrider is using this arbitration clause to insulate itself from the consequences of violating the Truth in Lending Act, Ohio Sales Practices Act and flat-out fraud.
Ms. Brown did not understand that she was waiving her right to go to court when she signed an arbitration agreement with Byrider.
This is hardly surprising because the Byrider financing officer himself had no idea what arbitration is or what the rules of arbitration are, so he was unable to tell Ms. Brown what rights she was waiving.
(Foot Note for above paragraph "F&I CLOWN was Cheap labor)
Nor was she given an option -- the credit contract was presented in a standard form, take-it-or-leave-it format and she was not allowed to challenge any of its provisions.
The mandatory arbitration provision only applied to Ms. Brown. Had she defaulted on her loan, Byrider would have been able to file a lawsuit against her.
When Ms. Brown first filed her lawsuit, Byrider stopped using the mandatory arbitration clauses in their contracts. But once the courts refused to vindicate Ms. Brown's rights in court in favor of arbitration, Byrider began using the clauses again.
Ms. Brown's attorneys have received inquiries from over 40 consumers similarly defrauded by Byrider. Unfortunately, no matter how many of J.D. Byrider's former customers are defrauded, they cannot file as a class action because the mandatory arbitration clauses in their contracts waive their right to maintain class actions.
Don't EVER think that car dealers hire lawyers to write up car buying contracts that help protect consumers from auto dealer deception.
If your so called friendly car dealer wants you to sign a contract that has a built-in mandatory arbitration clause in their contract or a single document that is an arbitration addendum
tell them to SHOVE IT and to GO TO HELL.
Car dealers DO NOT want any car buyer to get a law suit to get infront of a JURY. The above was a fast slick way to stop any car buyer's case to get to a jury!
Think of this. Why is it that you almost NEVER see a newspaper or TV station do a big story on local car dealer scams? They don't like to bite the big hands that feed them. $$$$$ is at stake!
Here in AZ I think the car buyer has no clue as to how deceptive a car dealer can be. Can't get any local media to talk about car dealers and their scams. If you want to put what I am saying to the test, try this hat on for size.
I have been listening to KFYI for maybe 11 years. I can say they get my attention with some of the topics that they have. You might say I enjoy 550 KFYI. They have a "Talk Show Host" named Bruce Jacobs. He does not seem to be a bad guy. He might have "little man syndrome", but other then that he seems OK.
Some might say he is fun to listen to. So one day I contacted him to ask why is it that he will talk about pretty much anything people want to chat about except Car Dealer Scams? So I decide to put him to the test. I email him at brucejacobs@KFYI.com and ask him why is it he never talks about "Auto Dealer Scams" and how car dealers Rip Off Car buyers.
Email Bruce and ask him about why he does not chat "LIVE" about car dealer scams. Then post his reply on this Rip Off Report. I would love to see what he tells all who email him.
His email address is brucejacobs@KFYI.com He works at 550 KFYI, AM, Phoenix. Call him up @ 602-258-5394 from 5AM to 8AM and ask him on his morning show is Stick Right about why he will not chat LIVE about car dealer scams.
I don't care what state you live in, Email Bruce at brucejacobs@KFYI.com and ask him is there an unspoken rule about not exposing car dealer scams! Ask is car dealer advertising money more important then informing and protecting their listeners from car dealer Rip Off's?
I wonder why you can't read up on info like this in your local newspaper? Maybe car dealers would pull their advertising money if a newspaper started reporting on car dealer scams!
To put what I am saying to the test, Email Bruce and ask him!
To the person that posted this Rip Off Report. Look at all of the documentation that your car dealer had you sign. Look for the word
"Arbitration" I bet you unknowingly agreed to it.