Complaint Review: Hickory Auto Exchange

On 04/16/09 I purchased a truck from Hickory Auto Exchange. Since I live near Atlanta before I drove 3.5 hours I wanted to see what my payment options were. I spoke with Jose, finance person, and was told I could finance it or pay cash/check. I asked if I could write a personal check. I was told yes. I explained that the money for payment was in a separate account and would have to be transferred if a deal was made for the truck. Jose said he needed to get permission from the owner, Mike. Jose called me back and said he had permission from Mike to hold my check until I advised the funds were transferred and the check could be cleared. I drove to Hickory and once a price was agreed upon ($16,800) I wrote them a check. I explained to Jose and Trey it takes 3 to 4 business days for a transfer to be completed. I said when I got home I would begin the transfer and would call as soon as it was complete. I said it would be no earlier than Tuesday the 21st but possibly the 22nd. I watched Jose write on a "sticky" note the check was not to be deposited until the customer called to say the funds were transferred. Jose stapled the sticky note to the check and the sales manager, Trey, told Jose to "put it in the safe". My father was also there during this transaction. When I got home that night I initiated the transfer from my savings account to my checking account. I have emails from FNBO confirming when the funds transfer was initiated, when it left FNBO, and later when it was in my checking account on 04/21. I monitored the progress each day by checking my checking account balance. To my dismay and astonishment on Monday, 04/20, I saw Hickory Auto Exchange did not wait until I called but instead chose to deposit my check before I called them to authorize it. Due to their premature actions and breach of our agreement I was charged five $35 overdraft fees. One for the check I wrote to them and four others for various debits I had scheduled for my checking account. All would have cleared without any problems had they honored our agreement and waited until I called; which would have been the 21st, the day after they chose to deposit it on the 20th. When I saw the check had been cashed (about 5:30 on 04/20) I called and spoke to Jose. I asked why the check was cashed prematurely. He said he wasn't working Monday (20th) and he knew nothing about it being cashed. He reiterated the purple sticky note he put on it and said the check should not have been cashed until I called. I told him the check was honored because I have a longstanding excellent history with my bank but I was charged multiple overdraft fees because of their error and asked him to find out what happened and what they intend to do to make it right. Jose said he would need to talk Chastity the next morning and said he would call me at 8:30 am. He never called. I called back the afternoon of the 21st and spoke to Chastity. She apologized but said all she is told is what checks to deposit. She gave no explanation and initially apologized but when I told her an apology was not enough she retracted her apology saying she wasn't the one who needed to apologize (?) and said I needed to talk to the owner. I asked to speak to him but was told he gone. I asked him to call me the next day (22nd). He did not. I called and asked to talk to him but I got Jose. I told Jose I wanted $175 for their error to cover my costs. He asked me to fax him documentation of my bank fees. I faxed the email I got from Bank of America showing the 5 overdraft fees. He said he would give it to Mike and call me back the next morning (23rd). He did not. I called on the 24th and Jose answered. He said I needed to talk to Trey. Trey said they would pay $70 to cover 2 fees. I asked for the full $175j. He said that was all they could do. I told him their error cost me $175 and to fix it they should reimburse the full amount. He said $70 was all he would do. I declined since I feel the full amount should be paid.

Bill
Norcross, Georgia
U.S.A.