Okay so here is an outline of events that occurred.. Basically the dealership has committed fraud and well they're trying to rape me, as they pretty much already are. Were dealing with backdated contracts, no financing or cancellation within the ten day period. And repossession.


1. Sales associate said vehicle was a one owner, until I said it was a three owner and I have the carfax to prove it, he then said that it was owned by the same family “so it’s like a one owner” said the sales associate.

2. Sales associate Mike Marquez verbally said that all four rims were to be fixed by their “rim specialist” who was in the next day. It was also written in the first due bill but not the second. The next day they said he wasn’t in and would not be till the week after.
3. Power steering cap was missing from the engine bay and the sales associate Mike Marquez said that they would replace the missing cap and that was also put into the first due bill but not the second.
4. After the test drive I asked what was the weird sound coming from under the car after I engaged the clutch the associate said that it was me not use to the car.
5. Purchased the car for $15,200 and was financed at 13.99% with a $3000 down payment on my debit card. I was to make 65 payments at $308.09 beginning on 03/13/2010 and ending on 08/13/2015


III.After the vehicle purchase on January 29th 2010
A. Communication with the dealership after delivery:
1. Sales Associate Mike Marquez calls me and says the financing didn’t go through and that there was an error on the contract it said my grandmother makes 3000 a month and on paper she only makes 600 but under the table makes 2000 for a total of 2600. So we needed to go back and sign another contract.
2. We go back to the dealership on Monday the 1st of February to sign a new contract. Contract is backdated with original contract date of January 27th. Only my grandmother is on the contract and the due bill does not say what was to be fixed per are agreement on the first contract (rims and power steering cap).
3. Contract states an APR of 10.99% and 65 payments of $285.86 beginning on 03/13/2010 and ending on 08/13/2015
4. On Monday the 1st of February after backdated contract was signed Sales associate Mike Marquez says to tell bank that my grandmother makes 3000 a month when she doesn’t. Apparently that was the issue with the first contract and now they said it’s ok because her credit is immaculate it shouldn’t be a problem.
5. On Friday February 5th I receive a call from sales associate Mike Marquez saying “your grandma screwed up and the financing didn’t go through!” she didn’t tell the bank that she made 3000 a month therefore the bank denied the loan. Mike Marquez then tells me that he found a bank that would go through with the loan but would require me to give an additional $1500 on top of my $3000 they already have and that my payments would be $485 a month for around 42 months.
6. I ask Mike Marquez to give inform me on how they would deduct money from my down payment if I were to return the car. (mileage, wear and tear etc…) I gave him 24hrs to return my call which would’ve been on February 6th. I never hear from the dealership till February 21st.
7. I get a call from the dealership on the 21st of February saying to give the dealership a call. I get another call from the dealership on Saturday the 27th of February saying If I don’t return the car or give them more money that the car will be repossessed and I will not get my down payment back.
8. I call the dealership on the 28th of February and speak with Mike Marquez who says that I need to bring in more money or the car. I then ask him what happened with the ten days they had to finance me or cancel the contract? He continues to reply with we need more money or the car and doesn’t answer my question. He then transfers me to the General Manager Junior Silva who tells me to bring in the car. He says he can cancel the contract whenever he wants and that it says he can on the contract. I tell him well where does it say you can give me a backdated contract and no Spanish contract when my grandmother only speaks Spanish? He answers with “ bring in the car or I will have you subpoenaed to court and YOU WILL LOSE and you will not get your money back!” “ you think I haven’t been in court before for this?” I reply with “yeah im sure im not the first you commit fraud with” he answers with “exactly! So I know what im doing, don’t try and bring up the laws with me” “if you read the contract line for line it says I can cancel whenever I want”.

IV.The Repossession

1. Repossession of the vehicle was taken place on March 3, 2010 while I was at work during my shift. The repo man came into my workplace and asked are you Marlon? I said yes, he then said I’m here for the vehicle. I went outside and he had my vehicle already on the lift ready to go. He asked for the keys if I had them and I gave it to him without a fight. It was extremely embarrassing and hurt me emotionally. Even as I’m writing this I have tears rolling down my face. I feel as if I’ve been raped. I have no money, and now no car. I’ve worked hard all my life and done nothing but good. Please help me.

Marlon Aviles

 

I have no advice, but I wish you luck with whatever happens

 

what dealership is this? I better make sure never to go there.

 

you mentioned that you paid deposit with your debit card.

What you should do is IMMEDIATELY call your bank and file a charge back on that charge.

When they ask you what is the reason you filing charge back. You simply tell them I DID NOT AUTHORIZE THAT TRANSACTION AND WAS NOT PROVIDED WITH ANY SERVICES AND PRODUCT THAT WAS PROMISED TO ME.

Claim will be filed and you most likely get $500 into your bank account right away and rest after investigation is completed, or you might get all of the $ right away (depends on the bank)

Once bank files the complaint they will send request to the dealer to provide documents to validate that transaction. Dealer will respond. Bank will send you every document that dealer responded with and ask for your written response within certain amount of day.


When you get that.........get back in here and let me know what you got so I can maybe help if I can with your response so that you get your money back.

 

Wow bro, I'm sorry about your incident. And your a local too, what dealership is this? I'm sure as hell to never go to that dealer. I have no advice on what to do or what can be done, but I wouldn't let it pass, if possible, seu the crap out of them, or write letters or something idk, but get your money back!!

 

Read this

Know your rights


http://ag.ca.gov/consumers/general/c...ack_rights.php

 

damn Marlon sorry to hear about this....
but I agree with Joker...follow his advice about filing a report with your bank. I work at a bank myself and i know for a FACT that if that were to happen to one of our customers they would get every penny back from that shady a$$ transaction...u only have a certain number of days to file the claim so get in there ASAP....best of luck to you bro and let us know the outcome...

 

What dealership? Is this an Infiniti dealership?

The contract signed by your grandmother dictates the terms of this transaction. Virtually all of those sale agreements have a clause stating, "subject to credit approval, underwriting, etc."

When the financing is not approved you cannot just keep the car, you have to return it. If not, they do have the right to re-posess it.

The contract determines what happens with your deposit if the financing is not approved.

It is your responsiblity to read and understand the contract you are entering into. It's legally binding. If you were not comfortable with anything on the contract, you should not have signed it, or allowed your grandmother to sign it.

You should def do this to try to recoup your deposit.

It will hurt your claim to say you did not authorize the transaction as you clearly did at the time it was charged, and the dealership will have your signature for the charge. You should just say the financing was not approved, the transaction was not completed, and the dealeship now has the car in their posession.

 

nope. I'm sure this is one of those shady used car lots, with the cheezy multi colored flags and big signs that say "habla espanol".

 

........in the meantime you may also want to file a consumer compaint and maybe try to get mediation with the dealership to get some of your deposit back. I doubt you will get it all, since they had to reposses it. See here:

http://www.dca.ca.gov/online_services/complaints/

and

http://www.dca.ca.gov/online_service...d_brochure.pdf

 

Sounds pretty standard for a subprime loan, except the part where your money was taken because the deal didnt go through. They call this "jicky" in the car business. Threaten to call their banks who do their loans that they are advising jicky business. They will lose their banks and get slapped with huge fines.

 

if it is an infinti dealer i bet its Tustin Infiniti.. ****** over there.!!

 

cypress motors of oc in cypress off of lincoln and umm well past walker st i think.. They post alot on autotrader and stuff. Lame scamming ******!

 

yeah idk if i can still do that because its already been more than 30 days. But i Definately need to look into that..

 

Sorry to hear about all the problems, I use to live right off Valley View and Ball. (Raised in Cypress, Went to Cypress HS and Cypress college for a bit) I know of Cypress auto they are def. a shady dealership. File a claim with your bank to get your money back. Just to give you a little inside info, my buddy bought a lifted f150 from them back when I was in HS the truck needed so much work and he found out later the frame had been notched out (lowered before it was lifted) ended up being a salvage title due to the frame damage... he took them to court.. not sure of the out come but I know he took a big hit (lost money) but I remember going with him to look at the truck and I remember my buddy asking about mech problems and the sales guy told him it was in perfect shape no problems ect ect... they even had reset the ecu to get the check engine light off... it came back on about 3 days after he bought it...that is when all the trouble started.... I would also file a claim with the BBB. Good luck.