Complaint Review: J FRANK MOTORS

I, entered into a sales contract agreement with J.FRANK MOTORS A USED MERECEDES BENZ DEALER LOACTED IN INDIANAPOLIS INDIANA, in December 2001. This sale was for the purchase of a 1998 ML320 Mercedes SUV

The Sales Contract stated was that I was to pay for the Sales Tax of $1075.00 at that time and Mr. Frank would accept my current vehicle, a 1992 300E as a consignment sale. A consignment sale means the vehicle still belongs to me and he receives commission for selling it through his used car dealership.

The proceeds from the sale of my 300E to go toward the down payment of the 1998 SUV. We had discussed a minimum value of $8,100, which was wholesale for this vehicle, but the final price would be determined by the sale price received for my vehicle. He listed it for $12,500 on website and on lot. This was all stated at the time of the sale contract signing. The cost of advertisement ($200.00) and detailing $125.00, I agreed to be taken out of the sale which would go to Mr. Frank.

If I chose to keep my 1992 300 E and not use it for down payment. I agreed to give Mr. Frank $5,000 - $7,500 as cash down payment in February 2002. I did not make this choice.


WE AGREED BY SIGING THESE DETAILS ON THE SALES CONTRACT THAT MR. FRANK WOULD FINANCE THE BALANCE OF THE VEHICLE NOT TO EXCEED 12 MONTHS.

I had planned on making a balloon payment pay-off within this time period. Mr. Frank agreed to arrange a payment schedule by the end of February. Mr. Frank contacted me late January 2002 and requested a cash payment we had not agreed upon. He said he had a lot of credit due from the holidays and needed cash. I reminded him of the terms of our agreement and Sales Contract which stated I would not be responsible for payments prior to Feb.16 2002. He reluctantly hung up the phone.

The next correspondence I heard from Mr. Frank was Feb. 18 2002 via certified mail. He sent a notice that my Promissory Note was due Feb.16, 2002. I contacted Mr. Frank, after several unsuccessful attempts, I left a voice mail message that stated I appreciated the arrangement we had made and needed Mr. Frank to establish a promissory note and payment schedule. I needed to properly tag the vehicle. I also dropped off a cashiers check for $ 415.00, on February 21 since I had not yet received a payment schedule.

By March, Mr. Frank still had not sent a payment schedule. I called multiple times and was unsuccessful to reach him in this reference. I received another certified letter stating that I owed Mr. Frank for my 1992 300 E consignment fees. I called Mr. Frank as I found the verbiage on this letter different than that that we had previously signed and agreed to.

Mr. Frank yet would not give me a payment schedule,would not abide by the terms we had signed on the sales contract in reference to the consignment sale and the purchase.I drafted a profitable payment schedule and sent it to him to sign. I again, explained that I needed to get the vehicle properly tagged and insured so I needed to have this matter taken care of as soon as possible. Typically one do not insure a vehicle that is not legally in their name but I did carry full coverage as I was driving the vehicle and beleived because of the sales contract it belonged to me.

After he still had not responded, my husband went by to see Mr. Frank middle March on my behalf to reconcile the matter. He carried the payment schedule I had drawn up and payment. Mr. Frank was not willing to hold up to his end of the agreement. He was currently in breech of the sales contract agreement.

I was upset and called Mr. Frank and threaten to sue if he breeched our sales agreement. By this time Mr. Frank's hired Gorilla's that had started following and harassing us.
Accusing us of stealing the SUV. I was shocked beyond believe.

Mr. Frank finally returned the call and said he no longer was going to finance the vehicle, or take my vehicle on consignment for down payment. He then had various hoodlums, Randy from Mejer Recovery Service, a nonlicensced detective agency and a Darrell Heady from Marshall detective investigations, another less than ethical company showed up at our home to steal the vehicle back.

They began to call my job, my home, and my cell phone, most of which we recorded. They physically threatened my husband and I. They Illegally accessed our property, falsified information to Laws Enforcement Agencies with intent and the purpose of an illegal search and seizure.

They lied, and said we had stolen the vehicle, which is recorded and proves defamation of character and showed totally unrelated documents to the Police in an effort to obtain entry to our garage. We called the police, invited them in to our home and explained that this was a civil issue showed the signed sales contract and the payment receipts and had the men were escorted from our property. This occurred after 2AM on a workday and we both have to be at work by 6:30am.

They kept us up all night and returned the following morning trailing us around LIKE WE WERE COMMON CRIMMINALS. This was humiliating and very embarrassing. We live in a conservative neighborhood. They were causing distractions that we found to be endangerment of our lives while driving being harassed. They never even had a Cause number as a legal method of recovery.

They lied and threathen us saying a warrant for our arrest had been issued and we would be picked up at our place of employment on the following morning for stealing our SUV.

In the beginning I tried to be civil with these people and explain to them that this was a civil issue and unless they had legal documents then we had nothing to discuss with them. A recorded log will show that they continued to harass us regardless of my warning.

The following morning they had the police detain me for more than 3 hours by pulling me over (4 police cars and an undercover vehicle)for car theft. It took that long to straighten this out. I was extremely upset and very late for work. Of course there is nothing that the police could do because we had already hired legal counsel to pursue this in civil and now crimminal court.

This act was followed by these thugs following me to my office waiting for me to get out of the SUV and they stole it off my employer's lot. All of my personal items I had in the vehicle were stolen and never returned. This included a priceless family heirloom that I had in my vehicle for the purpose to take to the repair show to be fixed.

He admitted that the thugs, at his command had stolen my vehicle. He refused to give my vehicle back, or my MORE THAN $1500.00 I had paid him for the SUV. aS WELL ALL MY PERSONAL BELONGING WERE ALSO STOLEN BY J. FRANK AND HIS ASSOCIATES.

In addition J. Frank committed fraud and without my authority signed my name to a repair order and claimed to have did repair of over $1,600.00 to my 300E he had to sell on consignment. I never saw this document until it was ordered by my attorney.

HE NOW DEMANDED $1659.00 FOR ME TO GET BACK MY OWN VEHICLE, THE 300E THAT HE WAS TO SELL ON CONSIGNMENT. Even though we did not agree with these charges i needed to get back my vehicle because i needed transportation. So we agreed to pay the fictions charges and sue to get our money back. I went there on three separate occasions with a certified check and he still would not release my 300e which i have the title. He produced a fony document for us to sign contradicting his earlier claim for the repairs. This released him of all obligations on any repairs that he had made. It said although he claimed we authorized those repairs that he was charging us for that they were all done of his good will and therefore he would offer no guarantees.

WELL OF COURSE HE WOULD NOT OFFER GUARUANTEES BECAUSE IT COULD EASILY BE PROVEN THAT NO WORK HAD BEEN PERFORMED! THE 300E WAS JSUT AS WE HAD LEFT IT IF NOT WORSE OFF! After speaking with our attorney we agreed to sign the document, not in agreement, but ANYTHING TO GET OUR VEHICLE OUT OF HIS CLUTHES.J FRANK STILL REFUSED TO RELEASE OUR VEHICLE AFTER 3 ATTEMPTS! We met all his illegal stipulations, we owned the vehicle, and i spent the better part of a day waiting around the dealership while he hid so he would not have to produce the vehicle.

I HAD TO LEASE A VEHICLE AT $300.00 A WEEK, AT MY OWN EXPENSE, FOR 4 MONTHS SO FAR, BECAUSE I HAVE NO TRANSPORATAION. THIS MATTER IS STILL UNRESOLVED.

Several lawsuits are being filed against all companies involved. In addition to a law suit(s) we will pursue against Mr. Frank and J. Frank Motors and his subsidiaries. We also plan to attach his personal assets as well.

In addition we will recommend to the Marion County Prosecutor and the court that separate law suits be filed on behalf of the county of Marion and Hamilton for the time and effort used to process and pursue a stolen vehicle report where the filer, Mr. Frank, and his associates knowingly used false evidence and lies to engage the police in an illegal effort. Because of this malice and unscrupulous behavior to breech his own Sales Contract, caused harassment and irretrievable damage to us. We fell victims of his masquerade. Complaints have also been filed with Attorney General's Office and the Better Business Bureau on all three companies.

My husband and I are tax paying, law abiding, and politically active citizens; we will not tolerate these illegal practices.

We ARE CERTAIN THAT THIS MAN AND HIS ASSOCIATES HAVE BEEN IN THE BUSINESS OF SWINDLING CONSUMERS FOR MORE THAN 2 DECADES! PLEASE DO NOT GO THERE TO PURCHASE UNDER ANY CIRCUMSTANCES!

If YOU HAVE BEEN A VICTUM OF HIS UNSCRUPULOUS PRACTICES PLEASE CONTACT ME. There is a real possibility of a class action law suit.

If you are an attorney and are interested in this case, please contact me. We have multiple legal issues that need pursuing. Again, he has assets that are large enough to pay for your services and provide some restitution for us, the victims.

IF YOU ARE WITH THE MEDIA AND ARE INTERESTED IN THIS AS AWARENESS STORY, PLEASE CONTACT US. IT IS OUR OBJECTIVE TO EXPOSE THIS CROOK IN AS MANY FORUMS AS POSSIBLE.

THE MAIN MESSAGE IS STAY AWAY FROM J FRANK MOTORS AT 5198 LAYFAYETTE ROAD IN INDIANAPOLIS. THEY ARE CON ARTIST, THIEVES, LIARS, AND DESREVE TO BE IN PRISON!!!!!

In closing, we wish to extend Much THANKS TO THIS PUBLIC FORUM TO USE AS ANOTHER WAY TO WARN CONSUMERS OF THIS FRADULENT BUSINESS

Cassandra
Indianapolis, Indiana