Regarding: Fraudulent Business Practices
Open Road RV, LLC
Mr. Jeff Collison, Manager/Owner
4252 East Mission Blvd.
Montclair, California 91763
Tel (909) 613-0562 Fax (909) 613-0569 E-Mail:
Attachments: Copies: CLAIM FOR DAMAGES APRIL 3, 2008 CERT. MAIL 70062150000163403701
DEMAND FOR PAYMENT APRIL 9, 2008 CERT. MAIL 7006215000016340371 Promissory Note April 3. 2008 signed by Open Road RV, LLC and Jeff Collison
Authorization to Rent Agreement(s) (2)
2005 Ford F350 & Keystone Montana 5th Wheel Travel Trailer Registration
Better Business Bureau Report, Open Road RV, LLC April 2008
NSF Checks (2)
Open Road RV, LLC offers RVs and cars for sale and rent at the property listed above. In addition, they also contract to manage advertising, leasing, safety inspections and mechanical repairs to the vehicles registered in their RV Lease-Back Management Program. My complaint is in regard to neglect and damages of my vehicles while registered in their rental fleet. I have attached my claim for damages and repair, demand for payment, as well as substantial allegations of consumer fraud, criminal negligence, and a danger to public safety. Open Road RV, LLC advertises on the internet as: www.RVCENTRAL.COM www.AMERICANRVRENTALS.COM
And Callaghan Motors http://www.rvcentral.com/salesform.htm.
Open Road RV, LLC agreed with me in writing as Agent for Owner that they will inspect vehicles in their rental fleet for damages before and after each rental. They also advertise, as a condition to rent, they will obtain an insurance binder, an open credit card payment authorization, and all identification from each renter for liability and damages to the RV and truck. Further, they state they will submit monthly reports pertaining to rent, damages, repair management, safety inspections, and to also video and photograph the property before and after it is returned. See their WebPages: http://www.rvcentral.com/makemone.htm
After approximately nine months duration (9) both of my vehicles were retrieved by me directly from the identified business property in Montclair, CA and returned to Santa Rosa, CA. After arrival there, I delivered them both to expert local repair shops for close mechanical inspection, routine maintainance, estimates, and repair (See estimates attached) the next morning April 3, 2008. And, there they sit waiting for Mr. Collison to respond to my claims for damages. .
I have also encouraged Mr. Collison on several occasions, in writing and on the phone, to contact the technicians and repair specialists with any questions he may have or to request his or the renter's insurance adjusters to inspect the damages listed and photographed in my letters. To date, he refuses to cooperate and hasn't done either.
Prior to leaving Open Road RV, LLC property April 2, 2008, Jeff Collison signed and personally issued an unsecured promissory note to me to pay for the truck damages within three days of receiving estimates. It remains unpaid ten (10) days after his receipt of my demand for payment. He alleged his preference for this method because the previous renter, he stated, didn't want to claim the liability on his insurance and preferred to pay cash. He further stated that he had a fiduciary responsibility to the renter to protect his identity and would not reveal any information to me about the renter's insurance company or how to contact them.
Mr. Collison did not offer to go through the vehicles with me to determine their condition nor did he offer any documentation regarding the other damages I identified. His wife, Martha Collison, acknowledged my list of damages that were not present when I delivered them to his care July 2, 2007. Myself and his employees photographed, the trailer and truck, on April 2, 2008 at approximately 2PM, and Mrs. Collison, reviewed the pictures with her employee and then acknowledged my written description of each one.
I have requested all images, safety, maintenance, damage/repair reports, and insurance binders in my file pertaining to the entire rental history of my RV and Truck. I have requested that he assist me with contacting the appropriate insurance company regarding my claims or pay for the estimated damages himself. All of the damages listed in my claim, were estimated in excess of $14,000.00 , and occurred during the period Open Road RV, LLC managed my RV and Truck in their rental fleet, ( July 2, 2007 to April 2, 2008; see damage estimates attached).
Mr. Collison is rude and hostile when contacted by phone or email with questions regarding his plans to resolve these matters. He refers to my damage claims and the competitive estimates as phony repair bills. He refuses to sincerely respond to the substance of my phone calls, email, faxes, and certified letters requesting his compliance with Open Road RV, LLC obligations specified in the Authorization to Rent Agreements that he signed July 2, 2007 (see attached). And he now fraudulently claims that the damages to my truck are pre-existing damages.
I believe that this particular business operation and owner has for many years been, and continues to be, a menace to consumers and the community he prays upon with his fraudulent business practices. I'm very, very concerned, in view of my experience and that reported by others, that he and his employees may be knowingly and negligently releasing substandard and operationally dangerous vehicles, in the Open Road RV, LLC RV fleet, to unsuspecting consumers, as safe and road worthy vehicles.
In my case, they did not disclose any information about my truck's cracked transmission case (someone there tried to cover it up; see picture) or the spare tire that was just swinging around on a cable under the trailer. I only learned about the other damages as I began to inspect the vehicles prior to leaving their lot and from the detailed and thorough mechanical inspections I requested here in Santa Rosa.
Open Road RV, LLC and the owner's business ethics, practice, and professionalism, at best, could be characterized as highly suspect, if not just down right criminal fraud. Having submitted damage claims, the estimates he requested, and a demand for payment, it appears Mr. Collison chooses denial of his contracted Agency obligations, financial promises, and the role of a bad actor.
I believe that is the pattern, tactic and strategy he often employs against consumers he has defrauded in the past. I believe he depends on the fact that many of the unsuspecting consumers he may have defrauded in the past, don't have the knowledge, will, and financial resources to successfully challenge him and his company in civil court. I am confident I will certainly have to seek professional arbitration or other legal means to recover my losses.
Open Road RV, LLC has an "F" rating with the BBB and with over 70 documented complaints in the last 36 months (sees copy). Reports at the BBB and elsewhere indicate they are basically defrauding the owners out of their share of the rental revenue he receives on their behalf. For example, I received two NSF checks (see copies) subsequently paid by money orders without compensation for the NSF fees as requested in addition to only partial or late payments from him routinely.
Other reports allege NSF checks also, negligence, false repair statements, deferred maintenance and repair, failed to perform safety inspections and issue monthly reports. The same or similar reports have also complained Mr. Collison apparently retains security deposits without justification, defrauds insurance companies and owners of their payments with false claims and shoddy, if any, repairs.
We don't even know if Open Road RV, LLC or Callaghan Motors is licensed to sell and repair automobiles in the state of California. My inquiry to the Calif. DMV last week received the reply they don't have any vehicle sales or repair licenses issued in the name of Open Road RV, LLC. Nor do we know to what extent consumers may have been physically injured or caused personal injury as a result of highly negligent, fraudulent, and unethical business practices that have gone unreported.
In closing, please allow me to express how much I appreciate your time for looking into this matter. I realize that your department isn't a court of law and may not solve my particular problem.. However, I believe it is my civic duty to report such injustices and to advocate for investigation and prosecution of consumer fraud by unscrupulous companies such as Open Road RV, LLC doing business in your county. I would be happy to cooperate with anyone in your office should you decide to move forward with an investigation and establish grounds for prosecution.
I highly urge the San Bernardino County District Attorney's Office Bureau of Investigation, as a matter of public safety and protection, to conduct a full and complete investigation into the fraudulent business practices of Open Road RV, LLC, as well as its employees and management, as it pertains to their obligation as Agent for Owners. asset management, sale and rental of safe vehicles in the County of San Bernardino and the State of California.
Sincerely,
Donotuseopenroadrv
Windsor, California
U.S.A.