J.D. Byrider - CNAC - Bartonlini Finance repossessed one car many times taking people to court 4 yrs later for thousands Mesa Arizona
When 10 days late with the December payment, the vehicle was taken (repossessed) in the early morning hours of December 18, 2000. My only means to work, shop, etc.
I did not hear from this company (J.D. Byrider) again until April 13, 2005, when I was served with a civil summons and complaint from Bartolini Finance Corp (and J.D. Byrider) for $14,242. This was delivered out of state to me four and one half years later.
In attempting to defend myself, from another state, and not knowing a thing about the laws, I managed to postpone the pretrial conference twice when I was sent a notice from the court a trial date had been set, less than three weeks from my receipt of the notice. I put together a motion (attached document) which I overnighted to arrive the day of court. It was ruled untimely and a judgment of $14,294.54 was awarded to Bartolini Finance.
According to the contract I signed, submitted by Bartolini Finance in court, J.D. Byrider had signed off as Arizona Classic Auto and Finance dba J.D. Byrider who sold or assigned my contract (no date) to Bartolini Finance Corp dba CNAC.
But according to the records at the Secretary of States Corporation and Trade Name registration, this is not so. J.D. Byrider is owned by Walker Motors in Glendale, Arizona and business address is in Glendale. I bought from a place in Mesa.Arizona Classic Auto and Finance is owned by Robert R. and Robert O. Bartolini.
Business address 1850 E. Main, Mesa (Mary Murphy is Secretary)Car Now Acceptance Corp (CNAC) is owned by Edward M. Bartolini
Business address 1850 E. Main, Mesa
Bartolini Finance Corp is owned by Robert R. and James E. Bartolini
Business address 1850 E Main, Mesa (Mary Murphy is Secretary)
Bartolini Enterprises, LLCis owned by Peter G. Bartolini, the ONLY one in a limited liability company and located in Scottsdale, who, SURPRISE,signs off on vehicle titles for CNAC
I had still not received my last evidence from the Department of Motor Vehicles by the trial date set. The records for the vehicle were quite lengthy and costly, which I could only afford a portion of. I will list what I received. This vehicle had a history of four Repossessions, three (3) by J.D. Byrider and CNAC. The individual who conducts all the transactions of selling, buying and repossessing this vehicle is a Michael Squier and Mary Murphy as Notary.
Michael Squier conducted and signed the following transactions:
05/20/99 Buys vehicle as J.D. Byrider (Mileage 101,107)
05/21/99 Sells vehicle as J.D. Byrider to Customer #1
06/16/99 Registered to Customer #1 (Mileage 101,410)
03/01/00 Repossesses as CNAC from Cust #1
04/19/00 Repo Affidavit signed off and Mary Murphy notary
04/20/00 Registers vehicle as owner CNAC (Mileage 101,788)
03/04/00 Buys from CNAC (Peter Bartolini)
03/16/00 Sells vehicle as J.D. Byrider to Customer #2
04/25/00 Registers and signed cust #2 name as POA on title (Mileage 102,794)
07/08/00 Repossesses as CNAC from Cust #2
07/26/00 Repo Affidavit signed off and Mary Murphy notary
07/31/00 Registers as CNAC (Mileage 109,229) (6K miles/3 mo)
08/24/00 Sells as CNAC to Jim Auch/J.D. Byrider
08/26/00 Sells as agent J.D. Byrider to Cust #3 (Patricia Foster))
09/28/00 Registered signed P. Foster name as POA (Mileage 109,229
12/18/00 Repossessed as CNAC from P.Foster and notarized by Mary Murphy
01/09/01 Registers as CNAC (Mileage 114,247) (5,000 miles/3 mo)
04/13/05 Bartolini Finance/J.D. Byrider file civil suit against P. Foster
09/13/05 Awarded judgment of $14,294.54 to Bartolini,against P. Foster
These companies are hiding behind and abusing the lenient business licenses regulations Arizona offers and uses them to perpetratethe crime ofcertain financial ruin by the outrageous business dealings to the people in Arizona who are needy, desperate and unable to defend themselves. Those involved in these businesses need to have penalties accessed, awards given tothose of us wronged. In addition, an award for treble damages levied for the unconscionable business practice of using the Arizona Justice Courts to further perpetrate these unlawful and malicious deeds thatI have recently been a victim.
Patricia
VACAVILLE, California
U.S.A.
Click here to read other Rip Off Reports on JD ByRider
13 Updates & Rebuttals
Rodney
Mesa,Arizona,
U.S.A.
your day in court
#14Consumer Comment
Sat, November 04, 2006
to colt, why did you not appear in court? you had your opportunity for your day in court.and you are correct you owe the money based upon the judgment against you and your wife. are you going to pay voluntarily?judgments do not disappear until you either pay voluntarily or die.Or do like so many debtors, file bankruptcy.oh and remember you signed for the money and borrowed the money-voluntarily.
Colt
Apache Junction,Arizona,
U.S.A.
I was just as dumb
#14Consumer Suggestion
Sat, November 04, 2006
I too Had bought a car from the JD Buyrider lot.
As a matter of fact 2 cars what a mess..
After about a year of paying on the cars I had a stroke and gess what? Both cars were repoed and
8years later who do I here from you got it CANC.
Telling me that I owed 14,000.for the cars.
Well the is a three year limitation in az so to bad charily no money for them and in return my lawer did not file a suit aginst them for false
paperwork. WE never went to court wonder why??
Vanessa
Phoenix,Arizona,
U.S.A.
It is all about the mighty dollar
#14Consumer Comment
Thu, October 26, 2006
In reponse to all those reponses, its all about the money. there is always some one trying to make a buck how ever they can and no one really cares until it happens to them. Now to say what was a company suppose to do when you are ten days late on a payment. Let me tell you........they are suppose to wait. Now if that company should happen to owe money to a customer or have to resolve a problem that was obviously that companies fault. that company is gonna make that customer wait. In short, there is always some one ripping off someone else.
Dave
Jacksonville,Florida,
U.S.A.
Ah Patricia
#14Consumer Comment
Wed, October 25, 2006
Cory is correct. You are incorrect. Let it go, pay your debts, and if you are really good for the next few years, you can buy a car at a normal percentage rate, from a bank that won't repo your car if you 10 days late. Lead a responsible life and people will treat you accordingly.
Marc
Makaha,Hawaii,
U.S.A.
Patricia, what were they supposed to do?
#14Consumer Comment
Wed, October 25, 2006
You stole from them and they responded the only way they could. If the vehicle was your only means to "work, shop, etc" you should have made your payments. Did you really expect them to just shrug it off?
Patricia
VACAVILLE,California,
U.S.A.
J.D. Byrider, Mesa, Az 5 Repossessions
#14Author of original report
Wed, October 25, 2006
Hello Dave,
First, there is no such word as irregardless.
Second, the auto in question was parked in the driveway of my home. I watched as a woman and man entered the vehicle and drove off at approx. 4 AM that day.
Please read all of the information in my report submitted. I was not the first person who was "late (I mean, days, not months) with payment" concerning this "one" car. Should you do so, you may see my reason for publicizing this obvious abuse of Arizona State laws and the appalling underhanded and sad victimisation of those of us who may be poor, ignorant and desperate to have the means to support ourselves and families.
To be able to contend and compete in this world. A means to travel. We invented the wheel long ago for advancement and mankind now can travel to the moon and stars. Business is Business. Rich is Rich. Poor is Poor. But Ethics, Integrity, Honesty and Humanity are what makes and confirms to us our reason to be here. And, perhaps, when we go "There"
Dave
Jacksonville,Florida,
U.S.A.
Wow Joe, you must be customer of JDB
#14Consumer Comment
Tue, October 24, 2006
Actually, her response was concise and to the point as far as the OP skipping out on her obligations are concerned.
Yes, JDB is evil and predatory, but the fact remains that the OP, under her own admission, stated that she was 10 days late in her payment. That warrants a repo, period. So, she is NOT clearly in the right, she gave up those rights when she didn't make her payments on time.
And from the sound of the OP's posts, I tend to believe that she did in fact, try to hide the car from the finance company. Irregardless, she was at fault, and if she did get a judgement against her, it is deserved.
Also, it's "cess" , not sess.... just trying to help.
Joe
Jacksonville,Florida,
U.S.A.
to Mary - Mesa, Arizona
#14Consumer Comment
Tue, October 24, 2006
You seem to work for that low life company.The thousands of negative reports the we all here about JD BYRYDER and CNAC reflect Patricia as being honset . So while you sliver with rest of the bottoms feeders in that sest pool you work in , i doubt that anyone believes your response as fact over Patricia .I'm sure your're creating post on company time waiting for the next sucker to come in and get sucked in the sest pool . Maybe you should be a security guard , thats about the education level of Cnac employees .
Mary
Mesa,Arizona,
U.S.A.
Patricia has mis-represented the facts
#14UPDATE Employee
Wed, October 04, 2006
Patricia has neglected to report most of the facts correctly in her situation. Fact, her car was reposessed becaus she failed to make her payments. Fact,Patricia told the finance company that they could repo the car if they could find it. Fact, Patricia was a chronic delinquent who "skipped out" on a valid debt. Fact, she has mis-stated the ownership of JDByrider & Bartolini Finance the only 2 companies owned by Robert Bartolini.
Lastly and most important, Patricia was a skip, meaning the company could not locate her. When the finance company did locate her they tried to collect the principal balance owed without back interest or penalties. She refused to pay anything even though she has the resources to pay, just as she had in the past. Her refusal to cooperate in any way resulted in the company filing suit which resulted in a valid judgement against her for the balance plus all back interest. When Patricia complained to the owner & I believe the BBB the owner listened to her story & AGREED TO WAIVE HER ENTIRE DEBT.
Patricia wasn't satisfied. She requested that the owner remove all history of delinquent payments, repossession & the judgement. She wanted her record to reflect a timley credit history. This was refused & the matter is unresolved to date. The company has treated the matter as closed even though it has a valid judgement against Patricia.
Patricia has misrepresented the basic facts of this matter fron the ownership of the companies, the trail for the car & mostly regarding her complete failure to hionor a valid contract & debt.
Mary
Mesa,Arizona,
U.S.A.
Patricia has mis-represented the facts
#14UPDATE Employee
Wed, October 04, 2006
Patricia has neglected to report most of the facts correctly in her situation. Fact, her car was reposessed becaus she failed to make her payments. Fact,Patricia told the finance company that they could repo the car if they could find it. Fact, Patricia was a chronic delinquent who "skipped out" on a valid debt. Fact, she has mis-stated the ownership of JDByrider & Bartolini Finance the only 2 companies owned by Robert Bartolini.
Lastly and most important, Patricia was a skip, meaning the company could not locate her. When the finance company did locate her they tried to collect the principal balance owed without back interest or penalties. She refused to pay anything even though she has the resources to pay, just as she had in the past. Her refusal to cooperate in any way resulted in the company filing suit which resulted in a valid judgement against her for the balance plus all back interest. When Patricia complained to the owner & I believe the BBB the owner listened to her story & AGREED TO WAIVE HER ENTIRE DEBT.
Patricia wasn't satisfied. She requested that the owner remove all history of delinquent payments, repossession & the judgement. She wanted her record to reflect a timley credit history. This was refused & the matter is unresolved to date. The company has treated the matter as closed even though it has a valid judgement against Patricia.
Patricia has misrepresented the basic facts of this matter fron the ownership of the companies, the trail for the car & mostly regarding her complete failure to hionor a valid contract & debt.
Mary
Mesa,Arizona,
U.S.A.
Patricia has mis-represented the facts
#14UPDATE Employee
Wed, October 04, 2006
Patricia has neglected to report most of the facts correctly in her situation. Fact, her car was reposessed becaus she failed to make her payments. Fact,Patricia told the finance company that they could repo the car if they could find it. Fact, Patricia was a chronic delinquent who "skipped out" on a valid debt. Fact, she has mis-stated the ownership of JDByrider & Bartolini Finance the only 2 companies owned by Robert Bartolini.
Lastly and most important, Patricia was a skip, meaning the company could not locate her. When the finance company did locate her they tried to collect the principal balance owed without back interest or penalties. She refused to pay anything even though she has the resources to pay, just as she had in the past. Her refusal to cooperate in any way resulted in the company filing suit which resulted in a valid judgement against her for the balance plus all back interest. When Patricia complained to the owner & I believe the BBB the owner listened to her story & AGREED TO WAIVE HER ENTIRE DEBT.
Patricia wasn't satisfied. She requested that the owner remove all history of delinquent payments, repossession & the judgement. She wanted her record to reflect a timley credit history. This was refused & the matter is unresolved to date. The company has treated the matter as closed even though it has a valid judgement against Patricia.
Patricia has misrepresented the basic facts of this matter fron the ownership of the companies, the trail for the car & mostly regarding her complete failure to hionor a valid contract & debt.
Mary
Mesa,Arizona,
U.S.A.
Patricia has mis-represented the facts
#14UPDATE Employee
Wed, October 04, 2006
Patricia has neglected to report most of the facts correctly in her situation. Fact, her car was reposessed becaus she failed to make her payments. Fact,Patricia told the finance company that they could repo the car if they could find it. Fact, Patricia was a chronic delinquent who "skipped out" on a valid debt. Fact, she has mis-stated the ownership of JDByrider & Bartolini Finance the only 2 companies owned by Robert Bartolini.
Lastly and most important, Patricia was a skip, meaning the company could not locate her. When the finance company did locate her they tried to collect the principal balance owed without back interest or penalties. She refused to pay anything even though she has the resources to pay, just as she had in the past. Her refusal to cooperate in any way resulted in the company filing suit which resulted in a valid judgement against her for the balance plus all back interest. When Patricia complained to the owner & I believe the BBB the owner listened to her story & AGREED TO WAIVE HER ENTIRE DEBT.
Patricia wasn't satisfied. She requested that the owner remove all history of delinquent payments, repossession & the judgement. She wanted her record to reflect a timley credit history. This was refused & the matter is unresolved to date. The company has treated the matter as closed even though it has a valid judgement against Patricia.
Patricia has misrepresented the basic facts of this matter fron the ownership of the companies, the trail for the car & mostly regarding her complete failure to hionor a valid contract & debt.
Steve
Bradenton,Florida,
U.S.A.
Patricia, that "debt" is past SOL in CA..It's Uncollectable.
#14Consumer Suggestion
Thu, September 28, 2006
Patricia,
First, them selling the car at auction and coming after you for what is known as a deficiency judgement is perfectly normal, and legal. Even the repo after being only 10 days late. Totally legal, as the contract states no grace period.
Here is the good news. You can easily beat this lawsuit, because they did not sue you within 4 years of default. The statute of limitations on written contracts in CA is 4 years.
Respond in writing to both the court and the attorney, and state that the lawsuit is frivolous due to being past the legal statute of limitations in CA which is 4 years on written contracts, and the "debt" is now more than 4.5 years since default.
Send this notice to ALL parties by certified mail, return reciept requested. Put the certified# on the letter itself, and keep a copy for your records. Do this right away. Like today.
This also depends on what date you signed the contract in and also the time period when they FIRST filed suit, as you did not specify. They got a judgement as you did not respond. However you need to get every peice of paper filed and see what they falsified, as you could get the judgement vacated. You can get the judgement vacated if the first lawsuit was past 4 years from date of default.
You should really get a lawyer on this one. I am not a lawyer, and CA law is very funny.