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  • Report:  #1516110

Complaint Review: Nissan of Salem

Nissan of Salem Salem Nissan Unathorized Hard Credit Check & Then Unresponsive Salem OR

  • Reported By:
    D. of Keizer — Keizer OR United States
  • Submitted:
    Wed, February 16, 2022
  • Updated:
    Thu, November 17, 2022

#1 - Did they LIE/Defraud/Manipulate or was it just a misunderstanding?
I repeatedly and in writing only authorized a 'Soft' credit pull - 3 to 4 different people 'assured' me. Then they presented me with an Authorization form, which I modified to clearly state 'Soft' Credit pull only. I did not buy a car that day; then, I discovered they did a 'hard' credit check instead of a soft one. They also claimed to be able to get me a better rate than Navy Federal. (I doubt it, but who knows). Maybe the finance guy lied, or the manager (s) lied, and everyone else repeated the lie.

#1 - THEY BECAME UNRESPONSIVE

I tracked down the alleged owner on LinkedIn. Online, verified a public-facing e-mail, sent a polite but stern e-mail advising of what I experienced, and wanted their company to correct the credit report. I got a weird auto-response, valid e-mail address, just not deliverable? I have been an IT Guy in the industry for decades, and I think they got my e-mail but have some kind of public-facing rejection mechanism in place, so you don't know they received it.

I went to their website, and they only have a 'Contact Us' form, so I added a note, including my e-mail experience, and I included what I wrote. I wanted them to fix this false reporting on my credit report for their unauthorized check, which was a violation of the laws/rules governing such things.

I received a confirmation e-mail that my submission was received. No response. I also followed up with the saleswoman I talked to, not about this matter, but about a referral of a colleague who I knew was in the market for a car and may be interested in the one I looked at. No response, not even a thank you. Am I old-fashioned, or is that just rude?

Did they break the law? Is this a Predatory Trade Practice? Is it Unprofessional? Am I entitled to default damages and maybe punitive damages? 

I don't know, but I am finding out. I contacted a Lawyer and have begun a process of disputing the damage to my credit report and what legal remedies and reportings I am entitled to make. If this was just an accident, why didn't they respond, fix it, and there would be nothing like this going on. Instead, they Ghosted me and let their false reporting on my credit stay. When you 'dispute' a credit item, they ask you to contact the person who inquired. I did that fairly and reasonably.

I am glad I did not buy anything from Salem Nissan, and they have done nothing but waste my time and now have to take the time to clean up their mess on my credit report. I don't particularly appreciate being lied to, especially by a fellow Veteran who led the negotiations. It is and was dishonorable. But, what is worse, even if this was just an oops, they didn't fix it, and I am going through time-consuming processes to fix it. Now, I am motivated to expose their trade practices and report them to every state and federal agency interested. If applicable, I will be seeking the maximum entitled damages I can pursue because, at some point, we citizens have to stop putting up with these predatory trade practices.

I hope the Law Firm I have engaged in regarding this matter will take it on. Though the damages are limited by law, they are entitled to fair and reasonable attorney fees and court costs.

No consumer should be lied to about credit inquiries or other deceptive trade practices. I left that day feeling we had established trust, and I was seriously considering a purchase after my partner got back from visiting and taking care of her mom. Then, trust was broken, and they wasted my time and theirs.

All those cliches about how and why people despise shopping for cars?

Buyer Beware of Salem Nissan / Nissan of Salem and don't let them do a credit check on you unless you are fully prepared to deal with a 'hard' check which stays on your credit for 24 months and is potentially a negative item on your credit report.

THEY HAVE DONE NOTHING:
They have done nothing to fair and reasonable attempts at communication. They didn't even give me a copy of the Authorization form I signed either. It was weird.

They damaged their reputation, and I will ever be sharing my negative experience online and offline until they have redeemed their honor and reputation by owning what they have done, fixing what they have done, and compensating me for my time in having to deal with their unprofessional and untrustworthy trade practices.

They lost a sale from a qualified buyer.

They annoyed and upset an influencer.

Suppose they can't handle being honest about something so simple, and they can't own or fix such a little thing. In that case, I am ever thankful I did not entrust my life or the lives of my loved ones by driving a vehicle where I would ever be wondering what else they are willing to lie to the public about?

Little things matter.

4 Updates & Rebuttals


David

Salem,
Oregon,
United States

Salem of Nisssan - Follow up to RIP Off Report

#5Author of original report

Thu, November 17, 2022

I wanted to follow up and note that Salem of Nissan eventually stepped up to resolve this situation and began working with me to resolve this situation.

My suggestion to anyone dealing with such matters is to - be fair and reasonable, document everything, and begin a logical process of bringing fair and reasonable attention to eventually begin a conversation that results in the problem being addressed.

Eventually, Salem of Nissan became fair and reasonable, and the matter was handled, and I think all involved learned some important lessons. Hopefully, this was just an error in judgment or an honest mistake. Outside of this situation, my experience was not a negative one.

Credit companies to 'soft' credit pull all the time, so unless you sign a contract, you should not authorize a 'hard' credit card pull. When you sign 'authorizations' - make sure the verbiage of the agreement reflects what you are authorizing. If not, hand-write it in (I did), take a picture of the agreement, and ask for a copy.

Salem of Nissan redeemed itself in this situation.

Best Regards to all


David

Keizer,
Oregon,
United States

Flint - (Afghanistan) ??? is Interested in NIssan of Salem? Nah

#5Author of original report

Thu, February 17, 2022

I was too quick to respond and the platform does not allow me to edit the response. Which is ok.
No loan could have been processed as no agreement on a car or purchase was made. The authorized 'soft' inquiry was for marketing purposes. They literally told me, and I agreed, they would only do a hard inquiry after we agreed to purchase, and at that point, I would be applying for a loan.

If what "Flint - (Afghanistan)" says is true, then they committed an act of marketing fraud in the sales process, repeatedly.  You can Google 'Handwritten Modifications to Contacts' to discover that what "Flint - (Afghanistan) so boldly proclaimed is not valid, not true, false, I have no idea what "Flint - (Afghanistan)" motivations are but, clearly does not know what it is he/she is saying.

I am surprised that someone from Afghanistan has such an interest in US and Oregon Law? It is an example of someone pretending to know something, speaking with 'authority' and is perpetuating things that are not true. Here one URL if you'd like to look into the topic, but seriously, don't trust, verify - always.

https://www.avvo.com/legal-answers/handwritten-change-to-contract--1893553.html

My points stand, as stated. The business in question can have 'trade lines' removed, I know this for many reasons, and I'm just going to state that as fact. They were not authorized for a 'hard pull' and if that is the only kind of credit check they can do, then they committed fraud - in person, face to face, as part of lying to potential customers. I am fairly certain that is a crime, at least in the USA.

Giving them the benefit of any doubt - they could have easily avoided my sharing of my personal experience publically if they would have simply responded to me, back in December 2021. I'm not someone who didn't honorably and fairly and reasonably reach out to them.

They literally ignored a BBB complaint, which was my next action when they were unresponsive to me. It seems not many people are happy with Salem Nissan. The BBB reached out to them three times. As I understand it, that complaint will be listed for 24 months or longer? Don't believe me, to the BBB and research yourselves: https://www.bbb.org/us/or/salem/profile/auto/nissan-of-salem-1296-1000113261

I would stand by the statement that if a business tells you they going to only do a 'soft' pull, repeatedly, and they do a 'hard' check instead - that is dishonorable, that is predatory, that is deception, that is fraud, that is whatever you want to call it, and it certainly is not lawful, in America, or in Oregon, but maybe in Afghanistan it is, but it shouldn't if it is. Wouldn't any sane, sound-minded, moral, and ethical human being agree?

If you, like me, are tired of these predatory practices - then take the time. Reach out directly, if that fails, file a BBB complaint - that usually works fast (at least with cell phone companies), if that fails you can come to a site like this, and other media and share your story. No need to make anything up, just tell the truth, Simple. 

See what your legal rights are in the situation. In this situation, it is an FCRA violation, and it depends on how they respond and react, and there are other State and Federal places to report unethical trade practices like this. Damage is twofold, determined that the Law - as statutory damages, and in this case, those damages range from the default of $100 to $1000 per incident, and defining an incident has some flexibility, plus attorney and court costs/fees. 

In this case, they were authorized to do what they said they were going to do. If they lied to me, which is the only option to describe what transpired that is probably a different set of laws. That piece of paper, that I made 'clear' about what they were, and were not authorized to do, is evidence of what I was approving and signing, and it does matter, it always has mattered, it will always matter.

I will not be responding to any more 'spam' from Afghanistan which clearly has motives that really do not matter, are accurate, or have any value to this reporting.

My best regards to whoever made that report, and if it was from the Dealership via a VPN or something all of that is accessible via subpena and or deposition - perjury is a felony, so, good luck digging a deeper whole into a mess that Salem of Nissan could have easily taken care simply by not lying to me in the first place, how is that for a great business idea???

I would have declined a hard credit check, unless and until we reached an agreement for purchase. That is fair and reasonable, it is also common sense.

Best regards, and my you be blessed with all that you deserve multiplied.


yer

United States

Sounds logical and nice but is filled with b.s.

#5Author of original report

Thu, February 17, 2022

I did not apply for a loan. So, that is b.s.; and that was very clearly explained 'this is just a soft check, not a hard check' - so, if that was a lie for the beginning, well, then the deception is what it is, isn't it?

When you hand-write/modify an agreement, whatever you write modifies the agreement. Doubt that, call a lawyer. Good luck testing that in court.

I would never have authorized a 'soft pull' so, ask everyone there that day who talked to me if I was 'unclear' about that.

Then, way prior to preparing this for public consumption - the dealership was unresponsive to fair and reasonable communications.

If you are going to 'rebuttal' something, be someone who was a witness to the event and verify your facts before you make stupid statements. If you are someone from that dealership - guess what, because of your lack of follow-up and response, an actual law firm is involved. You should be receiving a copy of a letter soon.

Regards


Flint

Rolla,
Afghanistan

Credit checks

#5Consumer Comment

Wed, February 16, 2022

 The dealership doesn't determine what type of credit pull they do, the credit reporting agency does. Since you applied for a loan, it gets recorded on your credit report. That's literally what the authorization form is for, it authorizes a hard pull.

The fact that you wrote something on it is irrelevant. Soft credit pulls are used for marketing and similar purposes, not as part of a credit application. So best of luck, but they really don't owe you anything because you did apply for credit and that fact was accurately reported.

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