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  • Report:  #428179

Complaint Review: KING Nissan Volvo

King Nissan Volvo Was scammed into a transaction costing me thousands of dollars and so many unanswered questions. The smug attitudes of the employees & owner is beyond disrespectful. Bellingham Washington

  • Reported By:
    Sedro Woolley Washington
  • Submitted:
    Wed, February 25, 2009
  • Updated:
    Wed, February 25, 2009
  • KING Nissan Volvo
    1601 Iowa Street
    Bellingham, Washington
    U.S.A.
  • Phone:
    360-733-7300
  • Category:

In April of 2007 I purchased a 2007 Nissan Xterra from King Nissan through their salesman, Michael Gute. I signed a contract, along with Mr. Gute, stating the base price of the truck to be $23,784.00. I traded in a '97 Honda Accord (w/extra set of tires), gave a $1000 cash payment, plus a $1000 Costco rebate and drove the Xterra home to Friday Harbor, WA. The agreement was to return the following Friday with the $20,000 loan check from my bank and the extra set of tires for the Honda.

When I returned, I was asked to meet with a different employee, Mr. Hickey, to go over some final paperwork...

I was given a large amount of information about numerous 'services' and 'warranties' that I could, did or would ever want. One being a coating and protectant service done on the interior and exterior of the truck, called the Prestige Application.

It was a lot to take in and I already had the $20,000 loan check ready for them... I told him I was unsure on the extras and needed to talk with my husband (who was not there).

Mr. Hickey then says something along these lines... "Just sign here and I'll get you set up, then if your husband doesn't think this is worth it or the bank won't approve you for more money, you can call and cancel. No big deal. And if you want to keep it, you'll be all ready to go. Making for one less trip in to see us."

I was 9 months pregnant, by myself and eager to be back home (3 hours away). I signed the contract he put in front of me, not realizing the change in the base cost from $23,784 to $25,170!

As I went to leave, he asked me to make sure I sent the original contract I'd signed with Mr. Gute back when I mailed them my 'new' loan check. (I never did send them that original contract)

Upon talking with my husband and being told to cancel it all right away... I called that Monday, April 9th and left a message for Mr. Hickey that we weren't able to make the extra costs fit in our budget and needed to cancel. I even thanked him for giving me the time to discuss this with my husband. But, never got a call back.

I called again on the 11th, left Hickey another message. Called again later and spoke with Michael Gute, who said he would cancel the appointment for the Prestige Application and talk with Hickey about the warranties.

On Thursday, April 19th, I got a confirmation call for the Prestige App. appointment I had canceled. I then asked to speak to Mr. Hickey so I could clarify. I was surprised to have him answer and was even more surprised to hear his response.

He started laughing and chuckling that I wanted to cancel... that I couldn't do that. Said that I needed to have given one week notice. I explained my attempts to contact him and that I spoke to Mr. Gute.

Hickey then says he never got my messages and Mr. Gute denies ever speaking to me. I asked him to check again with Gute. Hickey says that he's right there in his office and is shaking his head no.

Hickey then puts me on speakerphone and they both smugly deny any of my phone call attempts. Laughing and chuckling at my distress & confusion, they inform me I was being charged for the Prestige application as well as a cancelation fee, service fee and any costs not covered by my bank. As they laughed, I hung up confused and in tears.

On Monday, April 23rd, I attempted to talk with Hickey again... his response didn't change. I didn't know what to do next and felt I had no other options. I gave in, made the appointment for the Prestige application and tried to figure out how the heck to pay for all of this.

I received the first bill in August or September of 2007 stating I owed $5,105.53. When I called King Nissan to clarify the amount, Carol Pendry (the office manager) says I signed a contract and I should already know what it was for.

I explained what I had been led to believe by Mr. Hickey and that I had not wanted the services or warranties, I did not want the fabric coating done, and that I never could afford any of this. She rudely mocked me and chastised me for not sending them any money. I ended the conversation less satisfied then before and discouraged at paying these awful people anything....

March 25, 2008 King Nissan came with a tow truck and repossessed the truck... taking my kids car seats and other personal things along with it. They demanded the $5,105.53 plus interest and fees to be paid in full before I could have the truck back.

I spoke with a lawyer who said to just pay them the money and be done with it... my case was good but he would charge me more than what I owed them. So, I saved and scrounged every last bit of money I could... and mind you, I was paying my bank the loan payments on the the truck and also paying for a rental car...

April 17, 2008 got a letter stating they would be auctioning off the Xterra on May 28, 2008.

I was desperate not to lose the truck and pleaded with Carol to work something out. Sometime around the end of April, she said they would take $2500 to get the truck back, then payments of about $100 a month until the remainder was paid up.

She sets up for me to come in on a Saturday, April 26th to meet with the owner, Frank King and discuss what had happened as well as make new arrangements.

Saturday, April 26th, 2008, went to King Nissan to meet with F. King. He never shows and no one there even knew I was coming in.

Another employee, Phil, says he'll find the contract and take the $2500 payment. Once the payment was through, I was given the contract to sign. It showed I owed over $7,000 dollars! I wouldn't sign it and left with no truck.

Frank King called me at home that same evening and asked why I didn't sign the contract. I questioned that $7,000 contract and couldn't see where I owed that much... He said he charged me for towing and storage fees as well as interest.

I tried to reason with him but wasn't able to get him to budge on a thing. He would only agree to reduce my monthly payments so that I could afford to pay them each month, extending the length of the contract.

After he reminded me my truck was to be auctioned off in a few weeks, I made the arrangements to go back to King Nissan.

Sunday, April 27th, 2008 I met with Phil, signed the modified contract and picked up the truck.

I had made every payment since that day and also asked several times for a break down of the charges. Something explaining what was charged for towing, what was charged for storage, etc. I also had requested a copy of the contract from Carol numerous times and was told that they 'just don't do that.'

More recently, I happened to call when she was on vacation and was able to request a copy of the contract AND actually had it show up in my mailbox. But still no breakdown of the charges.

I went in to King Nissan to make a payment a few months back and attempt to speak with Carol. I was told she wasn't available.. The lady then pulls up my account to take the payment and she looks all puzzled. She says it shows it was paid in full and had a zero balance. Very odd, then what the heck was I paying for?!?

I have not paid them for the past 2 almost 3 months and have received two notes scratched out on scraps of paper with Carol's business card stapled to one. She claims to have tried calling me but on a cell number that has been disconnected for over a year. No one has tried to call me on the correct number (my listed home number), which they called to work out the $7000 contract with me.

I am terrified that they will come take the truck again and don't think any of this is right. I couldn't afford the extras and tried to tell Mr. Hickey, Michael Gute, Carol Pendry and Frank King from the beginning to end. They're bullies and good at what they do. I have the contracts to show just how capable they are at getting what they want and more.

Erika
Sedro Woolley, Washington
U.S.A.

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2 Updates & Rebuttals


Erika

Sedro Woolley,
Washington,
U.S.A.

A contract that was entered into based on fraud can be rescinded...

#3Consumer Comment

Wed, February 25, 2009

Or so I thought... The change in base prices alone is incorrect and shows fraudulent behavior... I've emailed in scans of these contracts and the sheet Mr. Hickey gave me to take home. It shows what my bank loan would be if I had gone with the services/warranties... I have never been through this process before and thought this was a normal procedure. He made it out to be that way. Why would he not take my loan check that day also? I don't understand how I was able to go home with my $20,000 loan check, the new truck and a print out of his Purchase Information Screen for no particular reason. I guess I bear the burden to show that I was misrepresented regarding the signing of the new contract. Also, the second contract was not signed by Mr. Gute or any other salesman/employee... only by myself. In general, once a contract is signed by both parties it is a legally binding contract. I was under no legal obligation to sign the second contract. Further, I can show the history of my phone calls during that one week period, were I tried to rescind.


Wilson

Walnut Creek,
California,
U.S.A.

Do not sign any automobile purchase contract without reading all the text.

#3Consumer Comment

Wed, February 25, 2009

Erika,

I am sorry to read what happened to you but you should have had your husband or a friend with you to help you make the decision on buying the car. Unfortunately, written contracts always outweigh verbal statements in court. If the sleazy salesman or sleazy finance manager had checked the coating and paint protection option on the sales agreement, and you initialed and signed the agreement, you are liable for everything on the written contract. Unfortunately, car buyers do not have the counterpart of the mortgage "Truth in Lending Act" whereby homebuyers will get a copy of their loan papers with the interest rate and terms of the loan so they can study the loan terms before signing the many loan papers. I have never tried, but I do not believe any car dealer will let you take a copy of the completed, but unsigned sales contract home to study. One problem is that the sales contract is dated on all the carbon forms.

ROR has many reports of straw sales, i.e., the car dealer will sell you a car, but will later demand the return of their car after they state you were denied credit for the car loan.

You wrote:
Mr. Hickey then says something along these lines... 'Just sign here and I'll get you set up, then if your husband doesn't think this is worth it or the bank won't approve you for more money, you can call and cancel. No big deal. And if you want to keep it, you'll be all ready to go. Making for one less trip in to see us.'

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