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  • Report:  #1193148

Complaint Review: Larry H. Miller Toyota - Peoria

Larry H. Miller Toyota - Peoria Dealership took back the vehicle and stole our $3000 down payment!! Peoria Arizona

  • Reported By:
    Diane — Glendale Arizona
  • Submitted:
    Thu, December 04, 2014
  • Updated:
    Fri, December 05, 2014

On 10/1/2014 my husband and I purchased a 2011 Chevy Equinox with $2000 down. On 10/24/2014- I was told a lender picked us up and they wanted another $1000, which we gave LMT. They wanted to put a tracker on the vehicle, which we declined (my husband and I may have a low credit score, but we are honest people). The finance manager (at the time) told my husband that he had the tracker requirement waived. We still hadn't received our permanent plate from Motor Vehicles, and the dealership didn't offer anything except "don't worry, everything is fine, we're working on it" My husband contacted AFS (lender) to perform the intake interview but they stated they didn't have our contract since 10/22/2014 and wouldn't talk to my husband. In between all of this, I sold my vehicle (2001 Ford Explorer) that the Equinox was talking the place of. We needed to be financed, if not we would only have my husbands vehicle. That doesn't work when we both have jobs. Every time we contacted the dealership, we were told to leave messages. No one would call back.

By now we are getting worried because the temporary plates would expire on 11/15/2014. I contacted LMT on 11/14/2014 and spoke with John Egizio and was told he would look into our contract, and could email another temp plate, but not until 11/17/2014. He said the plate would have to expire first? Needless to say, no one emailed anything and my husband went to LMT on 11/17/2014, and picked up a new temp plate. He explained what the bank said about not having our contract. He was told give them until 11/20/2014 and they will figure out what is going on, and if they couldn't get a bank to pick up the contract then the dealership would finance us. At this point we also found out there is a "new" finance director Barbara. This whole waiting game, and lack of communication from anyone was taking it's toll. We felt like no one knew anything at the dealership, and we were getting the run around. Their customer service and communication was horrible.

On 11/18/2014, I called during my lunch break and spoke to John Egizio and expressed all my concerns. I asked him directly if we were financed, and he couldn't answer. I told him that I understand the Spot Delivery contract and we have the right to walk away from the deal and get our down payment back if we are not financed. Their Spot Delivery contract said they have 7 days to finance. He stated it was 30 days. I explained either way, they were past the contract. He said it was my right, but to give him time. I told him that we were going to the dealership after I get off work. He stated that would be a waste of my time because he probably wouldn't have any answers for us. He stated he would text me if anything came up that day. I stated I was still going to the dealership. We went to LMT in the evening of 11/18/2014, and was told John Egizio had left for the day. No one had any information. We saw Alex Rivas (Sales), and expressed all our concerns to him. He said to give him until 11/19/2014 to get more information. He also stated he was off that day. My husband and I stated we don't want to continue business we LMT and that we want our $3000 back. Alex Rivas stated it would be considered a repo. I stated it's not a repo because the vehicle is not financed. It was awful, we could see he wasn't listening to us. He repeated it would be a repo if we gave back the vehicle. My husband was very upset and angry at this point and all I could do was keep myself from crying. Absolutely no one at the dealership was helping answer any questions or listen to us about walking away from the deal that was never financed.

My husband went to the dealership on 11/19/2014 and spoke to John Egizio at 8:30 am, and told him that he was tired was waiting for answers. My husband again expressed we have the right to get our money back and we don't want to do business with them any longer. John proceeded to leave the area and resent the contract to AFS (at least that is what he told my husband). My husband asked why did he do that after he was told we are done waiting for them. He told my husband that basically everything is our fault, that we didn't complete the intake interview and that our landlord wouldn't release information without permission. My husband explained again how he tried to contact the bank on several occasions and they wouldn't talk to him because they didn't have our contract. He said if we return the vehicle it would be a repo. Again, no one would listen, my husband left very angry. He called AFS as he was leaving the dealership and asked if LMT had sent over the contract, they stated no. My husband said that he no longer wanted to work with LMT and didn't want their vehicle.

11/20/2014 I called again during my lunch hour and spoke to Alex Rivas, John Egizio, and Brian Rygiel. I expressed my concerns and was told the dealership is now repoing the vehicle because of what my husband told the bank and that LMT is keeping my $3000. I was hung up on by John and then by Brian. I was polite, I didn't curse, and I was crying by the time I spoke to Brian Rygiel. He was extremely rude and condescending; he asked what language do I speak because he is speaking English. He again spoke like he was reading a script and said it was our credit that failed to complete the process. He stated LMT doesn't provide financing. He stated make it eay on myself and return the vehicle and to get an attorney to get my $3000 back. He kept repeating the same phrases and hung up on me. I went on their website and tried to reach out to someone for assistance. I went on their Facebook and wrote a review and found another customer with the exact same senario, even the conversation with Brian Rygiel was exactly the same. I left a message for Barbara in finance (who was out sick).

I was contacted by Barbara in fiance on 11/22/2014 Saturday, she apologized that she was picking up the pieces from the previous director and new to our situation. I again expressed my concerns about the whole process and tried to explain quickly all that had happened. She said she would contact me on Monday 11/24/2014. Barbara called on 11/24/2014 and asked me to contact AFS and express to them that I wanted the vehicle and it was a misunderstanding. She also stated she would contact them after she gets out of a meeting. I believed Barbara could possibly help, and being exhausted from the whole ordeal I reluctantly called the bank. I expressed that my husband was upset with LMT and that we want the vehicle. The representative stated that it's too late, and that the dealership would have to resubmit the contract. 11/26/2014 Barbara called and said she will look into other options and will call me back Friday 11/28/2014. No phone calls received from anyone.. 12/3/2014 the vehicle was repossessed. I called Barbara, and she said she couldn't get anyone to pick up the loan without $9000 down. I expressed that I want my $3000 back, she said she will talk to the GM. I asked why she didn't call me, and she lied and said she left a message. I told her that is not true. I again expressed that I need my money returned, and then John Egizio got on the phone and rudely spoke, stating we are not getting our $3000 back and that the vehicle is being repossessed. So at this point, we are out $3000 and less 1 vehicle (since I sold my vehicle while waiting for LMT to finalize). I'm beside myself as I don't know what to do or where to turn. This whole experience has literally been a nightmare! Not one person was on our side, they all stuck to the same avoidance of answering our questions.

1 Updates & Rebuttals


Jim

Florida,

My Blood Is Boiling!!!

#2Consumer Comment

Fri, December 05, 2014

Let's start out with some basics.  The LM dealership chain is WELL KNOWN in personal finance circles, consumer protection circles and in the car business in general as one of the most sleaziest of all dealership chains in the USA.  STEALING a deposit is a well known M. O. in the Sleazy American Car Business.  Every time some car dealer slimeball starts the process, they are hoping the customer is too stupid to figure it out and too much of a doormat to go up against them.  Please, please, please, please DO NOT give in to their very obvious con-game!  First off, they will and do tell you whatever they need to tell you to justify their theft from you.  The transaction is very simple.  The customer picks the car, the dealership finds a lender, the lender approves the deal and accepts the borrower, then the lender FUNDS the purchase...in other words, the lender pays the car dealer for the car and in turn, you make payments to the lender.  The car, which is in your custody and care serves as security for the transaction.  If the lender does not do any funding, then there is NO CONTRACT between the lender and borrower.  As per your report, this is what the lender did.  They financed NOTHING.  Therefore, there is NOTHING to repo.  As per your spot delivery agreement, you would be required to give back the car and the dealer has a right to charge you a REASONABLE amount for your use of the car.  Here are the things you can do, this will not be solved in one day. 

1.  You can run this by an attorney who has experience in fighting against car dealer fraud.  Usually, they will give you an initial consultation for a small fee or even for free. 

2.  You can try to go after them in small claims court.

3.  You can contact whatever consumer protection agency in your town, if it has one, and no, the BBB is NOT one of them!  The BBB is NOT part of the government and the BBB has absolutely ZERO POWER to fortce anybody to do anything.  In fact, the BBB is a fraud operation itself!

4.  Check in your state to see what agency handles car dealer complaints.  I can absolutely guarantee you, they heard of the LM chain of pond scum dealerships.

5. DO NOT give up on this.  Keep a written record of everything including phone calls, who you talked to and when.

6.  Hope and pray LM has reported fraudulent inmformation to the credit bureau about this being a repo...which it isn't.  Hope they do that!  An attorney would very gladly take that case on a percentage basis!

7.  Finally, again let me say...DO NOT FORGET ABOUT THIS!  You are NOT the first person they have stolen a deposit from.  They continue doing this SCAM because they know the average person would rather play doormat or wimp rather than go after them. 

Please keep us posted here.  And oh yes, the "reasonable" fee for your use of the car would be in line with what it would have cost to rent the same car for the same length of time and not $3000!

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