- Report: #1075415
Complaint Review: Honda Mall of Georgia - Select State/Province
-
Author Not Confirmed
Why?
Honda Mall of Georgia
3699 Buford Dr, Buford, GA 30519 Select State/Province, USA
Phone:
678-318-3100
Web:
www.hondamallofgeorgiaatlanta.com
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Honda Mall of Georgia - Bait and Switch Alive and Well - Buford Georgia
BEWARE of these people! There is a history of such acts. Even after I complained, they still were pulling this trick!
*** ALL of the dox/video/audio evidence is at Http://HMOG.CentexUSA.Com - A picture is worth a thousand words! ***
Below is excerpts from the 'Formal Demand' letter sent to Honda Mall of Georgia as required by Georgia law.
Players:
Phillipe Ackerman - General Manager
Robert McDonald - Area Manager Of Penske Automotive Group
**************************************************
This is a formal demand letter to settle the claim the claimant has against Honda Mall of Georgia before litigation is initiated in the Gwinnett Courts in regards to the following violations of Georgia Law:
Violation of O.C.G.A. Section 10-1-390 et seq. - Fair Business Practice Act
Violation of O.C.G.A. Section 51-12-30 – Civil Conspiracy
Violation of O.C.G.A. Section 51-6-2 - Willful misrepresentation of a material fact
Violation of O.C.G.A. Section 9-3-33 - Civil Fraud
Violation of O.C.G.A. Section 13-6-11 - Stubbornly Litigious
Liability
On 6/11/2013, the claimant contacted your business inquiring about a car that you have advertised on many websites including your own. The first contact was made via the 'contact us' form listed on the same page as the car itself. This car was listed by your number of: 7150
At 1159 on 6/12/2013, the claimant was contacted via email that this car did in fact exist and they proceeded to ask if I wished to schedule a test drive.
At approximately 1400 on 6/12/2013, the claimant called your business as it took approximately 24 hours to get a response via email. Your staff directed me to a salesperson named Phil A.
Phil took my information and attempted to do what I considered to be a 'up-sell', but I stopped him and stated again, that I was interested in this one car only, #7150.
He then proceeded to tell me that it was sold. At that time, I asked him why is was still being listed on the company's website. At this point, he started 'hee-hawing' and 'stumbling' over his words. He stated that it 'takes a while' for a car to be removed from the company's website. I stated as a career, I do IT work and this is totally false. He stated he would confirm the sale.
At approximately 1422,he called back and said it was confirmed that it was sold, but he had another one 'just like it'. This was left via voice mail.
At approximately 1430, I returned Phil's call to be offered a 'like' car that only cost approximately $3000 - $4000 more. I clearly stated before this call, that I would be interested in hearing from him only if he had a like car at the same price. This did not happen and an attempted 'up-sell' did take place by him.
After this, I continued emailing, who I now found out was Carol Dennis, about the car 7150. She kept on telling me that is was there. Six times in the emails, the claimant mentioned this car by HMOG's own stock number, 7150.
The claimant was told it was there and even arranged a test drive on this car for Saturday 6/15/2013 at 1000.
On 6/15/2013, the claimant drove many miles to take a test drive in a car that was later proven to never been there. The salesperson, Carol Dennis took the claimant out on the front lot to look for the car and never stopped at one single red car nor even looked at half of the stock numbers listed on the cars.
She then had the claimant return back to the sales office and she went to do 'something'. She then took the claimant out to the back lot and just walked around again. She stated clearly and was asked/confirmed by the claimant, that in fact, that car was there the morning of 6/14/2013 without doubt. Upon returning to the sales office again, she then came out and clearly stated that car was there Friday morning and it was sold Friday night. The claimant had asked her to notify him of anything that would prevent the test drive and Carol agreed to do such. The claimant was never notified.
After the claimant was notified of the car being gone, Carol then tried to 'switch' the claimant to another car. The claimant then left.
On Monday 06/17/2013, the claimant saw another ad for this same car again, stating to call the Manager Mikhail. The claimant called and Mikhail stated the car was not sold the past Wednesday, or Friday evening, rather, it sold during the weekend.
During the week of 06/16/2013, the claimant spoke with Mr. McDonald in regards to the bad behavior of HMOG. He twice admitted that in fact, HMOG did do wrong.
He also admitted twice that car was on their site 'longer than it should have been'.
On 6/23/2013, the claimant sent a basic 'Demand Letter' to both Mr. Ackerman and Mr. McDonald via email. They refused any action on it and called my actions 'frivolous', even though Mr. McDonald did admit twice to their 'misdeeds'. They did offer some sort of compensation, a $50 gas gift card for the claimant's time and gas used during the commission of this fraud.
The claimant rejected this offer.
By Mr. McDonald acknowledging the 'Demand Letter' sent via email, this constitutes the required 30 day clock mentioned in O.C.G.A. 10-1-390 et seq.
Evidence:
The claimant wishes HMOG to be aware that the claimant has undisputed evidence of their crimes and will be presented in a court of law. To wit:
Two separate admissions from Mr. McDonald that HMOG did commit a crime - On audio tape
Two separate admissions from Mr. McDonald that HMOG kept the car on their website longer than it should be - On audio tape
Three different salespeople from HMOG stating that the car, 7150 sold on three different dates. - On audio tape
10+ people stating that HMOG performed a 'Bait and Switch' on them from as early as 2008 to as late as 7/1/2013. The last occurred after the claimant made a complaint to Mr. Ackerman for the same behavior.
Audio and video showing the 'fake' test drive/'Bait and Switch'.
Audio of Internet Sales Manage stating the car 7150 sold during the weekend.
Certified copy from the State of Georgia showing the car, 7150, actually sold on 5/25/2013, not on the multiple dates stated to the claimant.
Certified copy from the State of Georgia showing this car was paid for in cash (no liens).
Certified record from the State of Georgia that private insurance was taken out on this car on 6/6/2013.
Multiple reports from several Real Estate professionals who state, even with financing in play, their websites are updated within 24-48 hours.
Multiple reports from several non-Penske local car dealerships stating that no matter if there is financing or not, their websites are updated within 24-48 hours.
Multiple reports from several Penske car dealerships stating that no matter if there is financing or not, their websites are updated within 24-48 hours. These, like HMOG, use EBizAutos.Com
An expert computer witness who will testify and demonstrate that changes to websites can be made in seconds, not in 20+ days.
And much more.....
********
Beware and watch what they tell you! MANY have been 'suckered' by these people and many complaints are out on the internet concerning them.
4 Updates & Rebuttals
Victim
canton,Georgia,
Issue Resolved to the satisfaction of all interested parties
#2Author of original report
Fri, December 12, 2014
The Author of the original report entitled, “Honda Mall of Georgia – Bait and Switch Alive and Well – Buford Georgia” formally retracts the entirety of statements and allegations made against Honda Mall of Georgia and its employees. The issue has been resolved to the satisfaction of all interested parties.
Victim
Canton,Georgia,
Reply To Robert
#3Author of original report
Wed, August 14, 2013
As the author of the report, I thank you Robert and EXT OverLord for your comments.
Robert, I address this to you. You made several comments which I am bewildered at how you came to those conclusions.
#1 - "...It is easy to see that you...spend too much time watching People's Courts Re-Runs..."
Name calling/making fun of somebody does not help your case nor make you sound creditable. It is also not a nice thing to do.
#2 - "...Because you are describing Car Sales 101..."
So, are you saying 100% of all car dealers lie, cheat, and steal? Some do, such as HMOG. Not all do. My grandfather worked for a car dealership. One of the biggest in Atlanta for decades and a Godly business. They did not lie, cheat, or steal from customers. So I know not all do it.
#3 - "Oh and as for the other dealers talking about their sites...what the heck did you think they were going to say. They told you EXACTLY what you wanted to hear..not because it was or was not the truth..but because they want to get on your "good side" and try to get a sale out of you."
Robert, you have no idea how these people were approached to obtain this information. What I will tell you is this though, they knew, up-front, I would never be a customer of theirs. They also knew that they would reap zero dollars from me. They knew there was a 'no sale' with me.
Your knowledge is lacking greatly as you do not know everything that was/has been done, yet you act as if you do.
#4 - "...It is easy to see that you are not a lawer and have not talked to a lawyer..."
Well, again you are wrong. Multiple people are involved including several attorneys. As far as myself, well, all I will say is that I have been in court many times and have never lost a case.
#5 - "...very FIRST thing a lawyer would tell you is to NOT post a document like this on a PUBLIC web site..."
Interesting...how you state you're not an attorney, yet you know what I should and should not do! When we turn on our TV's and watch the news, you see this sort of items being pushed by the attorney's themselves. Also as EXT said, as long as it is the truth, what harm comes from it? Since you appear to 'know so much', where is the harm? That information in this report, Honda Mall of Georgia already has it, so why the big deal?
#6 - "...Picture may not represent actual vehicle. MSRP varies based on Trim levels and options. See dealer for in-stock inventory and actual selling price..."
Well, that would be fine and dandy, but that does not apply here. MSRP is for new cars, this was a used car. Also, they had a stock number and VIN for this car. They also lied about having it when in fact they did not. The lie went as far as saying they actually saw it the day before the test drive! Forget the fact that the car was sold and had left their property almost a month prior to that statement!
Also, this is not on any of the information I provided. As in several of your remarks, you have 'tipped your hand' in some things.
#7 - "...You want another reason. Well as far as I can tell you are out ZERO dollars, and with the exception of a few calls and driving for 1 test drive you have no other losses..."
What you saw was the Demand Letter. There is no law that states that I cannot add to that list and there are items to be added that were not mentioned. Also, as I am sure you have heard - time is money. My time and trouble is worth something.
#8 - "...On that subject...exactly what are you trying to get in damages for all of your claims..."
I guess you will have to show up in court or pay to have those documents sent to you. Or you can wait till it is over and the amount will be posted on: Http://HMOG.CentexUSA.Com
#9 - "...Although with all of this I have to give you some credit for your last "violation". Stubbornly Litigious because if you don't be very careful...that could very easily be turned around on you..."
Though you say you're no lawyer, please explain then what makes you an expert in this? For there is no 'harm' to me unless they make a reasonable offer and I decline and then they must make that charge.
#10 - "...Oh and yes..I know the very first words out of your mouth is that you will win in court 100% guaranteed and they will be forced to close down within a week..."
Win, yes I shall be victorious. What they have done violates Georgia law very clearly and I have the evidence to support it. Case closed! The only thing that is in question is how restitution is to be applied.
And shut down? No, I know this will not happen this time around. As EXT stated, most businesses have insurance to cover such matters. However, regardless of the outcome, I shall be on them like white on rice. And after a period of time, they will close or change their business ethics, that will happen.
But there are Georgia laws concerning businesses conducting illegal activities as well as most cities also have remedies for such as well. Car dealerships here in Georgia must apply and possess a license from the State. It also can be revoked too thus ending their operations.
#11 - "...And yes the second words are that I must work for them..well again sorry but I do not work for them or any other car dealer..."
Well, while I cannot prove anything, your comments would lend one to believe one thing for sure: You are supporting a business that commits crimes.
This alone would make one think that either you:
A - Are with HMOG
B - Are with Penske Automotive Group
C - A car dealer/car salesperson yourself
D - Just a crooked person
E - You're an idiot
These are the only logical conclusions that can be drawn. They lied and tried to steal from me. There is massive evidence that supports this. And you're supporting them. That says it all.
As EXT so well put it, you are not an attorney and it shows many times over!
EXT OverLord
Greenville,South Carolina,
Go for it!
#4Consumer Comment
Wed, August 14, 2013
well...i saw nothing wrong with this persons complaint. actually it sounds well thought out.
if you lie to a make a sell, that is fraud, plain and simple. and becuause others do it does not make it right either.
fraud is defined as using trickery to seperate someone from their money. bait & switch is fraud!
i also listened to the audio, and they did admit to doing this which will seal their fate. the video does not do them any good either.
i also looked at the pictures of the car...where do you get that part about picture may not be the real car? what does that have to do with the tea in china? they listed the VIN...it had a stock number...they lied about it...they tried to sell them a more expensive car knowing that the one they called about was not there.
and what is wrong with them posting the letter of demand? are you a commie? freedom of speech/press is their right and as long as the statements can be backed up, there is nothing wrong with it! and if/when this goes to court, all of this will be a matter of public record!
and how can the refusing to litigate be turned against them as you stated? only if this person refuses to accept a reasonable offer.
and they will win? well...the evidence and the law says they will, unless they do not show up in court, die, etc. and put them out of business? hmmm...i am wondering about you...even if this person got the full amount they are seeking, odds are this business has insurance which would cover such items and being owed/run/managed/associated with Penske, i really doubt they will go out of business...this time around....
you're right on one thing though...you are not a lawyer...
Robert
Irvine,California,
Yea..good luck with that.
#5Consumer Comment
Wed, August 14, 2013
Because you are describing Car Sales 101. Oh and as for the other dealers talking about their sites...what the heck did you think they were going to say. They told you EXACTLY what you wanted to hear..not because it was or was not the truth..but because they want to get on your "good side" and try to get a sale out of you.
It is easy to see that you are not a lawer and have not talked to a lawyer as well as probably spend too much time watching People's Courts Re-Runs. Oh and how do I know...Well I am not a lawyer but know several and the very FIRST thing a lawyer would tell you is to NOT post a document like this on a PUBLIC web site.
The other reason you need a lot of look is because of one little phrase on the web site..
* Picture may not represent actual vehicle. MSRP varies based on Trim levels and options. See dealer for in-stock inventory and actual selling price
You want another reason. Well as far as I can tell you are out ZERO dollars, and with the exception of a few calls and driving for 1 test drive you have no other losses..perhaps you should have taken the $50 gas card. On that subject...exactly what are you trying to get in damages for all of your claims?
Although with all of this I have to give you some credit for your last "violation". Stubbornly Litigiousbecause if you don't be very careful...that could very easily be turned around on you.
Oh and yes..I know the very first words out of your mouth is that you will win in court 100% guaranteed and they will be forced to close down within a week...
And yes the second words are that I must work for them..well again sorry but I do not work for them or any other car dealer.
