Public Mediation

Allen Samuels Chevrolet-Dispute-#8237551

S. J. vs. Allen Samuels Chevrolet
7000 SW Freeway, Houston, Texas, 77074, United States
Amount Involved: Other terms
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Allen Samuels Chevrolet
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 8237551
    • Amount Involved: N/A
    • Filed On: Aug 22, 2012
    • Posted On: Sep 02, 2012
    • Complaint(s):
      • Bad business practices
      • Contract / Agreement / Promise dispute
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Statement of Claim
Complaints Involved (2) - View
Claimant says:
"On July 31, 2012,I purchased a 2008,Chevrolet Equinox from Allen Samuels Chevrolet in Houston. I gave a down payment and signed a sales contract. The vehicle was released to me and I obtained full coverage on the vehicle. On August 11th, I was contacted by Mr.Green in the finanace department to say that the finance company needed proof that a car that I already have and is for my daughter who makes the payments, was going to need proof that she makes the payments. I had her to complete an affidavit to that fact. I was contacted a few days later to say this was not sufficient and that they would need to see bank statements or other documents which would tie her to the payments. Statements from Bank of America and Capitol One were obtained and faxed on August 15th. A week has gone by and today I received a call from Mr.Green saying that the paperwork was not acceptable and that I need to return the vehicle. I feel that the dealer did not act in good faith. None of the documents I signed suggested that anything else was required and I felt this was a "done deal". I feel that this action is a breach of contract and they have not acted in good faith. After having the car for all this time,I feel the dealer should reassign this contract "with recourse" so that I can retain possession. After all, their add on television states they are"home of the 100% financing", or was this false advertising?"
...
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Additional Communication Between Claimant and Allen Samuels Chevrolet Hide
  • Sep 12, 2012, Claiming party added:

  • First, this response is a LIE. Financing was never secured for me. Second, the status of the loan didn't come up until 8/30/2012, at which time, I stated that the loan was not current. I never misled Allen Samuels Chevrolet in anyway regarding anything. The were always aware that I already had a car in my name. I cannot say the same of them, I have been misled throughout this entire process.
    The problem we are trying to resolve between 8/11/2012 - 8/24/2012 was that of me providing proof that the car I have financed with Capital One for my daughter, is in fact paid for by her. Once I gave them the statement showing her payments, as requested bu Juan Martinez, I was told, "this is exactly what we needed." This was provided to them on 8/24/2012 at which time, I thought the matter was resolved and the loan would be secured. On 8/30/2012 he called to request a letter from Capital One stating the laon is current. I stated to him at that time that the loan was not current, and wouldn't be until the next month. He stated that he would have to call "them" and get back to me. On September 24, 2012, he called to say that my loan was not approved because of the delinquency on the other car.
    Remember, that Allen Samuels had my credit report since July 20, 2012. Obviously, on that day, they were aware of my car loan with Capital One. It was right there on my credit report, which is the first step in buying a car. The status of the loan ws also evident on my credit report. Are they now claiming to have never read or reviewed my credit report? Did the officer at Westlake Finance not read or review it either? All of the information was available to them on day one of me trying to purchase a car form Allen Samuels. But now, they are falsely accusing me of hiding infomation. Not so!
    Note: I had been in touch with Mr Phil Hyde at Westlake Financial, who advised me that my loan had not been approved. I also spoke to Westlake's customer service department when my payment due date approached, becuase I hadn't received any statement or payment book from them; at which time I was advised that my loan was declined. So, again, for them to say that a loan was secured for me was a lie.
    Mr. Martinez asked for the cars' return on 9/4/2012 and I complied with his request. I dealt with Mr Green in the finance department. At that time, I requested a letter for my insurance company stating that the car was never registered in my name and that the deal was cancelled. I gave Mr. Green the information for 21st Century in order for them to fax the letter so that I could get a refund for the insurance I obtained on the car. I called him on 9/5/2012 to follow up. The letter had not been sent at that time and that the request had to go through the General Manager since things had gotten "all legal now."
    All through this process, I asked for their requests to be made in writing and each request was denied. Obviously, this was because they needed deniability since they were not acting in good faith as I was. They have not done anything to make this situation right and they were soliciting me. They had all of the necessary information since day one and I was honest and upfront with them from day one as well. I offered them information on my loan with Capital One the first day I went in to purchase a car. I complied with every request thereafter and now they are lying and blaming me for the situation. This is not how businesses should treat innocent consumers.
    Also, I want an apology for them lying about this matter.

What Claimant Wants Hide
Non-Cash
What By When How Much
1. Change of policy: Honor contract. Aug 23, 2012 N/A
Cash
1. Other – Pay for claim posting cost Aug 23, 2012 $7.95
Cash total : $7.95
Non-cash: 1 items
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Allen Samuels Chevy sold Ms Jackson a vehicle on July 31st and secured financing through Westlake Financial Bank. Upon receipt of the documentation submitted by Ms Jackson to meet the financing requirements, Westlake determined Ms Jackson had been untruthful in her application and was in default pursuant to the terms of the contract. Westlake reassigned the contract to Allen Samuels Chevy, and Allen Samuels Chevy has declared Ms Jackson in default, and is entitled to repossession according to the terms of the contract."

This claim will remain posted until resolved.

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Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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