Complaint Review: BMW OF SEATTLE DBS. LITHIA OF SEATTLE - Internet Internet

December 24, 2009

BMW OF SEATTLE DBA LITHIA OF SEATTLE 1002 Airport Way S. Seattle, WA. 98134 Steve Bates ph: 866-963-6991 direct: 206-777-1477 fax: 206-322-7021 http://www.bmwseattle.com/ http://www.lithia.com/

RE: UNFAIR, FRAUDULENT, AND DECEPTIVE PRACTICES - CASE NO. 09-2-36397-8 SEA

This ---- has been retained. Donald and Gloria to rectify their credit and to obtain damages following a fraudulent transaction whereby they were tricked into signing a lease to acquire a new BMW X5. What if this was perpretrated on you or one of your loved ones?

This letter will be your advance notice that the attached lawsuit will be filed in federal and State court and made accessible to the major presses net works if the matter is not resolved to the Victims satisfaction.

FACTS
We have done considerable investigation and believe the following facts are irrefutable.

On October 26, 2005, The Victim was asked by Mr. Stephen Wong and Paul Tan, owners of E-STONE, LLC, a granite counter installation company to co-sign on a loan so that Wong and Tan could qualify for a loan to purchase a car. At that time he believed that Mr. Wong and Tan were trustworthy individuals, although The Victim did not know them well and had never worked for them. The Victim was undergoing cancer treatment at that time and was disabled and not employed. He drove Mr. Wong to the Seattle, BMW at 714 East Pike arriving at about 8:00 p.m. he was introduced to Seth Martinez and London Agrawall, sales agents, and then put in a room by himself for about 45 minutes. Mr. Martinez asked why he was using a cane and Mr. Wong explained his medical condition and lack of employment. Then, about 9:00 p.m. he was asked to come into a poorly lit room and sign some papers, which Mr. White believed was the loan he had agreed to co-sign. He was given no copies of any documents, nor time to read any of them. He then went home in his own vehicle and didnt give the matter any further thought until 2007 when he was attempting to refinance his home because of mounting medical expenses associated with ongoing cancer treatment. His loan efforts were unsuccessful because he discovered that he had considerable that he had considerable debt associated with a BMW that his credit report reflected he owned. Not believing that was correct, he investigated the matter and discovered that Wong and Tan, white the help of Martinez and Ahrawal had dummied up a credit application with false information and arranged for Mr. White to be the owner of the BMW, financed with a costly lease for which he had sole responsibility. He did not have the vehicle insured and was immediately concerned about his financial concerned about his financial and other liabilities.

Bryan Osterhout, et al Page 2 October 7, 2009

He contacted Wong and Paul Tan, recovered the vehicle, and delivered it to Seattle BMW hoping to remove his liability. The vehicle had about 21,000 miles on it and was in excellent condition. When he explained the facts and requested documentation from Steve Bates and requested documents, the Settle, BMW manager, he was treated rudely, called aliar, and told to leave.

Shortly thereafter, he was notified that he owed $15, 000 because the vehicle had been auctioned for well below market value and he was responsible for the balance due on the lease. He has since been threatened with a lawsuit and had adverse credit information reported on his credit report. He has been turned down for refinancing on his house and has suffered considerable over this matter.

CLAIMS
There are a multitude of laws the require an automobile sales business to fully disclose the nature and terms of a sale of a sale or leases of a new vehicle. It is clear that Mr. Donald was victimized by the sales agents at Seattle BMW, and the documents that would have allowed him to understand what was happening were withheld form him. This violates numerous federal and state disclosure laws and is a classic unfair and deceptive practice for which treble damager and reasonable attorney fees may be recovered. The attached complaint outlines this in more detail.

DAMAGES
Mr. and Mrs. have suffered considerable anguish due to this incident and can recover damager for the infliction of emotional and physical duress. Their credit has been impaired and they have been unable to refinance their home. Because they are both disabled they are unable to work and have a very limited and fixed income. We believe a court (and a major press) would treat this like the recent conduct by sales staff of Huling Brothers against a disabled man who was bilked out of over $100.000. Although this case we believe is much more severe it will likely bring prompt and full restitution if presented to a court of law. This complaint will be filed State and Federal and also forwarded to the Department of Licensing.

DECEPTIVE PRACTICES BMW OFFICIALS
Prepared the credit application in Mr. Donald name with false information, Stating Mr. Donald work for E-STONE LLC. 2451 4th. Ave. S. Seattle, WA. 98134 in 2005, Six years and six months as an Account Manager, Annual Income $60, 000. A year. The Whites has received threatening phone calls asking the Victims to drop their lawsuit against BMW OF SEATTLE. Mr. Donald refuses to drop their lawsuit. The Victims have been unable to get Legal Representation, they have been searching 2007 to present. There efforts were unsuccessful. The Victims contacted several Senior Rights Legal Service, and were unsuccessful. The Victims has worked the pass forty years to present to build credit, and their live of hard work has been taken. The Victims home and credit has been severely damage, the Whites almost lost their home do to this incident. Donald and Gloria have been threatening with Law Suits from Collections Agency resulting from BMW unfair and deceptive practices.

For the purpose of resolving this matter prior to filing the complaint for damages, the Whites will settle this matter for the following:

(1.) General damages (including excessive interest payments on his home) in the Of $

(2.) Attorney fees and cost: $6,000.000.

(3.) Written apology form the highest official of Seattle, BMW; and
Bryan Osterhout, et al Page 3
 
October 7, 2009

(4.) Correction of his credit report and withdrawal of any claims against the Victims arising form the matter.

As indicated above, we will defer filing the complaint for 10 days to give you an opportunity to resolve this matter as outlined above. If we do not hear form you, we will proceed as indicated and seek the Victim's full measure of damages. And attorney fees as allowed by the Washington Consumer Protection Act. Release to local and State major press network. Very truly yours, DONALD AND GLORIA Husband and wife at all times

DAL: mm
Enc. (Complaint for Deceptive Practices and DOL Complaint)
Cc: Donald & Gloria, Litigative Atty.