I have a serious complaint against Scott Pontiac GMC Truck of El Monte, California. They have been continuously harassing me after they breached our retail sales installment contract.
n January 29, 2006 I purchased a Toyota Scion XB from the dealership. The dealership had me sign a contract that day and another contract dated February 10, 2006 once financing was secured. I paid $1000 down at a 16.45% APR. On February 10, I was told that I was financed by CPS Bank of Irvine, California via mail. On March 10, 2006 Ben Rodriguez, the Finance Manager, called to inform me that they could not get my loan financed unless I come back in at put $3000.00 more down and increase my interest rate to 24.45%. I informed the dealership in writing that their legal rights of rescission have lapsed and our agreed terms must be honored. The contract states that from the signing of the contract, the dealership has 10 days to rescind the contract if financing is not found. After the 10 days the dealership cannot rescind the contract and must honor the terms. The California Civil Code is explicitly clear on consumer rights dealing with rescission.
Ben Rodriguez has harassed my wife and I stating that they would 1) continue to damage my credit, 2) lien my property, 3) report the car stolen and 4) tow the car off my property. These calls are repetitive. On March 13, 2006, Arthur Torres, another employee, called my home, work and cell and stated that he does not know and does not care about any laws and rights I have informed the dealership of they will be working as hard as they can to repossess the car. To make matters worse, on March 21, 2006 at 530AM the dealership had a private towing company tow the car off my driveway. Now I am going to sue (I am a lawyers) for breach of contract, unfair business practices, damages etc.
This has been the most frustrating and degrading experience. The dealership told me I was financed and let my wife drive the car for 30 days. They call me 20+ days after their rescission rights have ended to say that they could not get me financed unless I put $3000.00 more down and increase my interest rate. This is dealership packing as I learned. Dealerships do this to customers all the time to get them to drive the car and then suck more money out of them. I think it is important to air this story to protect the consumers from this type of car dealership. The moral of the story is that dealerships cannot rescind the contract if their rights have lapsed.
Read Next Complaint >>
