I must start out by saying that I guess I am to blame for this problem. You see, I am 74 years old and I was raised in a time when we believed that everyone is honest until they prove themselves otherwise. When I first walked into Ken Ware Super Store (An automobile dealership), in North Bend, Oregon, I was greeted by friendly people that seemed to have my best interests in mind when selling me a new vehicle. I drove in with my 2006 Chevrolet Silverado 2500HD Diesel and I was ready to buy a new truck just like the one I have owned since I bought it new in 2006. Ken Ware did not have a new Silverado 2500HD Diesel but they did have a 2011 Silverado 3500HD Diesel that the sales literature and the salesman represented as a more powerful unit than the 2500HD Diesel. I drove it around the block and it seemed OK to me. I had informed the salesman that I was on my way to Texas and I was pulling a fifth wheel RV rated at 16,600 pounds towing weight. He told me that the 2011 3500HD is rated to tow 21,500 pounds. We made the deal and I signed over my 2006 and signed a loan application for $15,000 and wrote a check for $10,000 for the balance due.
I had running boards installed at the dealership at a cost of $680. My wife had both her right hip and right knee replaced recently and needed the running boards to be able to get into the vehicle. I had a new fifth wheel hitch installed at a cost of $1617 and a floor mat for the pickup box at a cost of $76. The next morning I hooked up my fifth wheel and headed south on 101 for Texas. On the first steep grade the truck barely made it to the top of the hill. As I drove the engine was powering up and the transmission was gearing down on every steep hill. When I tried starting from a stop the transmission would chatter and pause before the truck would move. I thought it might improve with time and kept driving. It didn’t. Now I have to tell you I have made this same trip a half dozen times with my 2006 with no problem and could gain speed going up those same hills. At about 300 miles out I phoned the dealer and said I was bringing the truck back. He advised me to bring it to a dealer about 100 miles up the road. I did. They could not find anything wrong according to their computer. I called the dealer again and told him I was returning the vehicle and picking up my old truck.
Then I arrived the salespeople and management tried to talk me into keeping the 2011. I insisted on getting my 2006 back. After waiting several hours the salesman told me he had some good news and some bad news. First the bad news: They had made some preparations to put my 2006 on the lot and I had to pay $591 for that. OK, no problem. And now the good news: They will take the 2011 back and will get my 2006 back at no cost to me. Great, let’s get it done.
We went into the salesman’s office and he phoned the bank’s representative that was processing my loan and on speaker phone he answered and had me answer her questions just as though I was still financing the 2011. I asked why and the salesman said that is the way it is done.
I then went into the finance man’s office and he shoved a bunch of papers in front of me and pointed out were I should sign.
I got the keys for my 2006 and left.
The next morning when I woke up I realized that I did not get my $10,000. I went to Ken Ware’s dealership and told the sales manager that I had forgot to get my check. His response, “What check?” My $10,000. “Oh no, you don’t have anything coming.
After my calls to the DMV and the Bank holding the note and finding that the title for the 2011 was never submitted to DMV and there was a loan in my name at the bank that had financed the 2011, and my pointing out to Ken Ware management that they were less than honest with me, they made a counter offer of keeping $5,000 and the running boards and the fifth wheel hitch and the floor mat.
I turned them down.
A week later I called the bank and was told that my loan was still in place and I have a payment due in November.
Now, I find that the world that we live in now is not the same as the world I grew up in and did business in knowing that a men’s word is his bond. That people are trustworthy and respect their elders and are ready to help when they can. Today it seems that many businesses are just out there to grab as much money as they can as easily as they can and that older folks are weak and easy to take advantage of.
Well, I am here to tell you that I will not let these people take advantage of this senior citizen that easily.
Here are the issues as I see them.
1.The vehicle was misrepresented as to towing capacity. My 2006 has a towing capacity of 15.500 pounds and has no problem towing our fifth wheel.
The 2011 represents a towing capacity of 21,500 pounds and could not pull our fifth wheel up a steep grade.
2. I was told that the trade back would be at no cost to me. They kept my $10,000.
3. None of the terms of sale and financing was explained to me and I did not receive copies of all the documents that I signed.
4. The salesman deliberately misled the bank that the 2011 was in my name and the loan was OK.
5. Two weeks after the 2011 was returned the loan was still in my name and the bank was lead to believe that I owned the vehicle.
6. The interest rate was higher than was represented to me.
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