I would like to tell you about my fateful experience as a first time Nissan buyer.I was ultimately deceived by the finance agent - Frank Ochoa, at Sonora Nissan, Yuma,Az.

I recently purchased a 350Z on Sunday 2/9/03 at Sonora Nissan in Yuma, Az. Initially when the finance guy Frank Ochoa ran my credit, he said I was between tiers 2 and 3 , and several points from qualifying for a lower interest rate. Apparently, Frank Ochoa went ahead and drew up the contract at that lower rate 7.5% for 72 payments, a rate that I wasn't genuinely qualified for.

I'm sure Frank Ochoa initially knew it was misleading to do so, but he attempted to pull it off anyway. We signed everything and I took the 350Z home that evening basically a satisfied
consumer, so I thought..

The next afternoon Monday 2/10/03 at about 2pm things began to go awry. I arrived at Sonora Nissan with my trade-in, as I was leaving Frank Ochoa stepped out to the showroom, and aloud made inappropriate comments of ridicule regarding my income including the name of the Government agency I work for in the presence of my salesman Oscar Ontiveros, customers, and others present to the effect, the owner didn't believe anyone worked there makes $50,000 per year. Frank Ochoa also aloud said that he needed me to provide wage stubs and W-2's to him as soon as possible. My salesman in my defense aloud said my specific position title, he's been working there for 25 years, and he's making that much.

I feel that this exchange of my personal information should have been conducted in privacy. This public humiliation was unprovoked and not appreciated. I immediately departed the dealership.

It was now about 4:30pm on 2/10/03, Frank Ochoa called my residence and stated to the effect, I need you to come back down here, the bank didn't approve the contract for those terms, but you have other options, it would be easier if you were here to explain them to you. I told Frank Ochoa, I needed to take a nap, as I had to work tonight, and it wasn't a good time for me to come back today. He stated basically we'd have to go down to 60 months rather than 72, and the interest was going to be a lot higher at 9.81%. I finally told Frank Ochoa I wasn't in any condition or position to discuss it at the dealership today.

I went to work the night of 2/10/03 still not really feeling well, I went home sick at 1:30am. In the morning, I went to the doctor for treatment and was diagnosed with sinus/upper respiratory infection, and bronchitis, and was off work on doctor's orders 3 days until Saturday 2/15/03. I sent a fax to Frank Ochoa on Tuesday 2/11/03 stating that I was very ill , and under a doctors care for the next 3 days.

To temporarily satisfy Frank Ochoa, I also sent a copy of my wage stub until I could physically go to the dealership to speak to him. When I was feeling better on Friday 2/14/03, I called the dealership and attempted to talk to Frank Ochoa, but another person Julio Nevarez answered, Julio Nevarez said Frank Ochoa was off, but would be here tomorrow Saturday 2/15/03.

I told Julio Nevarez that I was bringing the 350Z back, I was not satisfied with how the deal was going and I just wanted to forget the deal. Julio Nevarez repeatedly tried to get me to calm down, and offered apologies and wanted to make things right. I repeatedly told Julio Nevarez "NO", I just want out of the deal period and would bring the car back the next day. I repeatedly told Julio Nevarez "NO", with his comments of insistence to make things right.

I asked Julio Nevarez to let me speak to the sales manager, which I did, his name was Devlin Fox. I asked Devlin Fox if my trade-in was still there, he confirmed that it was. I told Devlin Fox that I was bringing the car back due to the finance mess happening with Frank Ochoa. I also told Devlin Fox that I'd purchased many cars and have never been treated like this before. I then repeatedly told Devlin Fox, that I wanted out
of the deal and wanted my traded-in car back.

Devlin Fox apologized repeatedly and even said to the effect, so there is nothing that can be done to make you happy about the car deal. I repeatedly said "NO", Devlin Fox then told me that I needed to speak to Frank Ochoa he will be here tomorrow Saturday 2/15/03, he would be the one who could better help me.

On Saturday afternoon 2/15/03, I arrived at Sonora Nissan. When I was invited Frank Ochoa's office , I placed all of the 350Z keys on his desk and told him I was returning the car. I told I was dissatisfied with the finance process. I even mentioned that I spoke to Julio Nevarez and the sales manager Devlin Fox the day before on 2/14/03, and told both of them that I was dissatisfied with the deal and I wanted to call it quits.

Frank Ochoa wasn't talking about options like he suggested on 2/15/03, he basically told me there was nothing he could do on the weekend , and that it was a long weekend and Monday 2/17/03 was a holiday President's Day,and nothing could be done until Tuesday 2/18/03.

Due to personal obligations I wasn't able to return on Tuesday 2/18/03. However I did return on Wednesday afternoon 2/19/03. When I was invited into Frank Ochoa's office, I again put all of the 350Z keys on his desk and again told Frank Ochoa again that I was returning the car. Frank Ochoa at that moment called in the dealership owner Ted Hook, and also the sales manager Devlin Fox into his office. This turned out to be what I would call a very uncomfortable session for me. It seemed to be a carefully staged triple teamed tactic to justify their fraudulent actions.

Initially the Sonora Nissan dealership owner Ted Hook asked Frank Ochoa if there was a problem. Frank Ochoa briefed them that I now wanted to return the car. Ted Hook said that wasn't possible, that the deal was pushed through on Monday 2/17, that it was fortunate for them that Nissan Acceptance was open on the holiday.

Frank Ochoa then mentioned, "Didn't Julio call you?" I told Frank Ochoa that no one called me about anything. Frank Ochoa said to the effect, Julio was suppose to have called you to
tell you that the contract was approved there weren't any changes.

Ted Hook then said there was no reason for anyone to call you, nothing changed from the original contract. Ted Hook also said, to the effect, besides you had signed the contracts,which were all we needed for Frank Ochoa to do his job. Ted Hook also mentioned to the effect that's what we pay Frank Ochoa to do is get the contracts approved, and he did his job on your deal.

Frank Ochoa now speaking in his own defense in front of his superiors stated that what he understood from me on Saturday, was that I merely said that I was just saying I upset enough to bring the car back.

Frank Ochoa also added that it was his understanding on Saturday that I didn't want to sign a contract with a higher interest.
I told all of them numerous times that I just wanted to forget the deal,and I was bringing the car back Ted Hook then said that Frank Ochoa didn't have the authority to take the car back on Saturday.

I feel the dealership all had more than ample knowledge I truly wanted to call it quits on the deal and didn't want the car.
Ted Hook then said to the effect, there was no way to unwind the deal, that we had pushed the deal through on Monday 2/17/03, and even spent $700 to Nissan Acceptance and got the original contract approved.

The car was already reported to Nissan and motor vehicles division that I was now the owner. Ted Hook couldn't understand why I wasn't happy with that. Ted Hook then said to the effect, is it that you don't want the car now because you found out what the insurance costs. I repeatedly said "it's not the car, it's your finance process how Frank Ochoa did the deal first of all, and then you pushed the deal even after I repeatedly said "NO",

I want out of the deal or the car . Ted Hook then said, if you don't want the car, and don't make the payments, you will have the car for about 3 months before they come and get it.

I repeatedly told the group, I wanted nothing more than getting away from this dealership. I told them the car and the dealership are nothing without also having the customer satisfaction, that I lost all respect in them for how they deceived me and went ahead and pushed the deal through even though they knew I repeatedly said "NO" on Friday 2/15/03 and Saturday 2/16/03, that I was very dissatisfied with the deal.

I also added that with this deal "It's kinda like touching a woman, how many time does she have to say "No", to stop the violating actions."

There was some chatter that it wasn't the same as that. Frank Ochoa nor Devlin Fox, nor Julio Nevarez heeded my "No", therefore I feel I've been equally violated as mentioned above while saying "NO" in this matter.

Ted Hook merely stated, " it's your's,enjoy your new car." Apparently, Ted Hook condoned the actions of Frank Ochoa. I even suggested and attempted to leave the 350Z at Sonora Nissan on 2/19/03 for them to sell on consignment, Ted Hook worked up a story that they don't handle consignments, and about liability if it was test driven and damage occurred, it would be their liability. They could test drive one of the dealership cars, to assist my promoting the sale.

Again I was getting no cooperation out of this dealership management. When I was leaving I told Frank Ochoa about how I was brought up, that whether you get a good or bad deal, tell 10 people and have them tell 10 people, and so on, That word of mouth gets the message out on where to go or stay away from. In all of my dealings since youth I have done so.

Frank Ochoa stated to the effect , Well Mr. ___________, if you do decide to do so, please do us all a favor and tell the truth.
On Monday 2/24/03, I received the vehicle survey in the mail and
immediately placed a telephonic complaint as indicated above with Nissan Consumer Affairs at 1-800-647-7265.

On 2/28/03 when I went in to Sonora Nissan, to cancel my GAP and
extended warranty on the 350Z, I had to conduct this transaction again with Frank Ochoa. Initially, Frank Ochoa inquired where is the car? I told him it's at my residence, and I haven't been driving it either.

Frank Ochoa's following request was probably a legitimate. Frank Ochoa insisted he needed to see the mileage on the 350Z to cancel the extended warranty, that I needed to bring it to the dealership. I told him I knew how many miles were on the 350Z, don't you trust me now? Frank Ochoa with a bit of a sarcastic tone stated, We're just trying to run a business here, I
need to see the car.

When I returned with the 350Z within 30 minutes, the
receptionist asked for my keys and went out to check the mileage. Then in his office Frank Ochoa throughout the transaction mocked and ridiculed me to the effect, your a grown man,you knew what you were doing when we signed all of those papers, what kind of business do you think were running here, do you think we'd let out a $30,000 car for the weekend for you to drive how and where ever.

I told Frank Ochoa that I got sick that same Monday 2/11/03 night and was off work with sinus and upper respiratory infection, plus bronchitis. Also that I did have proof that I went to the doctor and I was off work for 3 days.

Frank Ochoa continued to banter me by adding how do we know
you were sick, and you probably drove the 350Z to work that night didn't you. I said "Yes, I did it was my car."

Frank Ochoa then sarcasticly stated to the effect , Yes, your right there, it's your car to do whatever you want with it. Then Frank Ochoa complained to the effect what's with all of the bad talking you've been doing about your deal, you're going to get yours, you will get it all back and it will be ten fold.

I sincerely believe initially that Frank Ochoa was confronted by the dealership management on 2/10/03 Monday , and he finally realized what his mistake had caused, when he assumed it was OK, to write papers I couldn't genuinely qualify for.

With my dissatisfaction now known by Frank Ochoa, and in a last ditch effort to salvage the sale and to save his credibility as a finance agent, when I was deceived to believe nothing could be done sooner than Tuesday. Apparently a favor was called in to salvage this sale. I was never even notified with at least a congratulations call that the loan was approved .

Had I not arrived at the dealership on 2/19/03,who knows how long I would have been to hear from them. In the course of the initial 10 days from 2/9/03, I received at least 6-8 declines for credit on this vehicle loan.

I will not recommend Sonora Nissan to any of my friends or acquaintances as they are not a reputable place to make any vehicle purchase. I believe and follow the Tell 10 rule. Whether it's a good deal or bad, I'll tell 10 people to tell 10 people, and so the word of mouth get's around about this experience .

In the past near 1 1/2 months, I've told more than 100
people about being deceived by Sonora Nissan. Pass the word!!!
On 2/24/03 I contacted Nissan Motor Acceptance 1-800-456-6622 Mark , about my above complaint, all he could say was that they bought the contract as written, any issues I may have with the dealership, must be resolved through them. That there's nothing they can do at NMA on their end, they said to contact Arizona Banking Department. So I did.

On 2/24/03, Arizona Banking Department, they said - Arizona doesn't have a "cool down clause" for dealers to honor, but the Seller does have the option to cancel before the deal is activated. Apparently the dealer decided not to cancel my deal.

ABD, also said that California is the only state that does have such a law. ABD stated the only way to dissolve the contract is through a Court of Law.

This has turned out to be such a ridiculous deal , I'm suppose to be a satisfied consumer. It's more like I'm being "Consumed". Basically I've been abandoned by Sonora Nissan and can't get out of the deal. I may even get stuck hiring an attorney to take care of the mess.

On 3-13-03, in an attempt to trade the 350Z , for what I owe nearly $30,000, at another Yuma dealership for a different vehicle. That salesman in my presence called Sonora Nissan and spoke to an individual named Jeff. Jeff reportedly told the salesman he would only go $24,000 on my 350Z forcing me to remain at least $6,000 in debt on this deal that was initially $0 down, plus my trade-in vehicle which was $5,500, less
the $2,300 lien.

My credit is now tied up with Nissan Motor Acceptance
and I can't sell the 350Z for enough to get out of the contract.
I've already spent over $100 for ads in the local newspapers and weekly circulars trying to sell the 350Z during the past month or so to no avail. I still haven't sold it.

On 3-14-03, my salesman Oscar Ontiveros called me and stated that my rear spoiler was in, he also advised me that he had to speak with Nissan Consumer Affairs he stated Sonora Nissan got a really bad CSI = Customer Satisfaction Index due to my complaint being submitted to Nissan regarding the purchase issues.

I told Oscar Ontiveros to thank Frank Ochoa for the bad rating. I also told Oscar Ontiveros, my satisfaction would be seeing Frank Ochoa, ousted out of Financing. I have a decent not perfect credit history , with that I have strong convictions of integrity, honor, decency are and I saw very little of that
in the short periods I've spent at Sonora Nissan.

I also have my personal feelings, and domestic obligations that probably hold little value with Sonora Nissan. If I can't sell the 350Z or keep up the payments, I will no doubt be forced into repossession and a long term history of damaged credit. I have plans to retire in less than 5 years, ending up with a
damaged credit isn't part of my future dreams that I've worked many years to achieve.

I've asked myself many times since 2/9/03, what kind of ruthlessness does it take for a car dealership, in this case Sonora Nissan need to have to demonstrate to force sales on seemingly helpless consumers who express dissatisfaction with how they conduct business and themselves in this day.

I found an answer within myself that tells me that " it's all about deception and greed ." This was my first Nissan purchase, and I'm not blanketing Nissan for what an individual dealer has done, but Sonora Nissan has definitely given me a Bad taste of how Nissan operates in Yuma.

In my opinion, It's definitely not a good deal, buying a product at Sonora Nissan without getting good customer satisfaction.
I've already spoken to more than 100 people, word of mouth is the best source of communicating and for advertising for that matter. Who ever reads this please pass the word. I don't care that the original contract was approved. The finance deal
was a farce from the very beginning. I was truly suprised by the number of credit denials that I received that the deal wasn't just terminated.

Again, this is my opinion, I value the highest integrity of a sincere Finance Agent, it's not Frank Ochoa. It's one who knows how to gauge a individuals credit profile, to initially provide a true promise to a consumer. In this case I was basically being jerked around for 8 days, most of which time I was still recovering from being sick.

As of this submission, no one at the Sonora Nissan dealership management has attempted contact me to apologize or express positive concerns regarding my dissatisfaction or their being contacted by Nissan Consumer Affairs.

In my opinion, it appears that closing this deal was a bigger
priority to them, than respecting my wanting out of the deal demands. On 3/24/03, I received a follow-up survey from Nissan Consumer Affairs regarding my contacting them in February 2003. I'll give them some credit though. They did file my telephonic complaint, I never received any mail or telephonic correspondence from them since I spoke to the associate on 2/24/03.

I also never received a copy of my telephonic complaint. I'm mailing the responded survey with their scores averaging good to poor in most categories. All I accomplished with my complaint was get it filed and distributed to Sonora Nissan. I never received any follow-up what happened or what resolution to expect from anyone.

On 3/25/03, by a local source, I was advised to contact the AZ. Attorney General's Office at 602 542-4266 or the AZ. Attorney General's Consumer Fraud Hot-Line at 800 352-8431 or contact an attorney. I have done so.

The AZ. Attorney General's Office website to download a printed andmailable complaint form is www.az.state.az.us. The size of description of complaint portion on the form is not very large. I was told to include with the completed Claim form, all copies of any documents and mail to the AZ. Attorney General's Office.

A confirmation will be sent by mail when it is received. The process also takes about 4-5 weeks due to the number of complaints submitted.

Perhaps, Frank Ochoa, Ted Hook, and Devlin Fox , might even be eligible for criminal charges for their participation in the Consumer Fraud on this deal.

In summary, I attempted on 2/14/03, 2/15/03, and finally on 2/19/03, to verbally state to Sonora Nissan, that I was calling it quits on the deal. Each time I was apparently ignored, then the deal was activated on 2/17/03 behind my back. I was told 2/18/03, was the soonest anything could be done.

Since I was never contacted about the status of the deal anytime between 2/15/03 and 2/19/03. I have come to have no respect for the integrity of the management team of Sonora Nissan. I hope this gives you an idea about desperation of Sonora Nissan to push sales here in Yuma, AZ.

Hopefully, with this and others complaints we'll see Nissan change the mentality of the management at this dealer, and even introduce staff changes or removals. Perhaps, the ousting of Frank Ochoa from ever financing again, and seeing him facing Consumer Fraud charges would be a good start.

As of 3/30/03, I learned from a local newspaper ad that Devlin Fox, is now reportedly a sales manager or associate with Bill Alexander Ford, Yuma,Az. Apparently, Devlin Fox is no longer associated with Sonora Nissan.

I extend this Consumer complaint as an open invitation to any
Prosecutors, or Contract Attorneys out there who want to tackle this deceptive and misleading deal and hold Sonora Nissan's Ted Hook, Devlin Fox, and Frank Ochoa accountable for their participation in this Consumer Fraud, which is causing me emotional and pain and suffering, plus immediate and foreseeable financial hardships.

I'm asking that these individuals of Sonora Nissan be held accountable, and even be prosecuted if applicable to the fullest extent of the law, and that Sonora Nissan pay me punitive damages for my pain and suffering, plus any and all court and attorney fees, which are yet to bedetermined for this Consumer Fraud.

Thank you.

William
Somerton, Arizona
U.S.A.

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