Public Mediation

Edd Kirbby Adventures LLC Dispute

D. D. vs. Edd Kirby's Adventure Cars Llc
400 West Martin Luther King Blvd., Chattanooga, Tennessee, 37402, United States
  • Review this case.
  • Propose your solution.
  • Win the reward (1,000)
Statement of Claim
Claimant says:
"I’m sending information to explain my consumer complaints. I have spoken with the news room about my dilemma concerning Edd Kirby’s Adventure LLC. This is the address of the dealership.
400 West M.L. King Blvd. Chattanooga, Tn. 37402. Phone Number (423)-744-2351 (706)-278-1122
I purchased a 08 Chevy Impala As Is with 3 months warranty. I was told on the day I bought the car it had been through Dealership Inspections. Mark Arp my neighbor was with me to help insure I was picking a good car and getting a fair deal. The sales man informed us both the car had passed the dealerships inspections process.
I paid over 9,400.00 cash on Nov. 14th 2013. I felt fairly safe if anything were to be in poor working order this car had the 3 month warranty and passed the inspection process. The 3 month warranty would cover anything that was not in good working order or needed repair.
Mark Ark inspected the car as well after bringing the car home. Mark found several issues that the inspection process should have discovered and repaired. I drove the car one day and called the next day to speak with the sales person that sold me the car. I bring to his attention the car was a lemon I wanted to bring the car back and speak with the manager. The dealership miss lead me. The list of things that had not been addressed be for the sale of the car. This car would not have passed inspections at the time of sale.
Monday of the next week I went to Edd Kirby’s gave the list to the manager Justin and sales man Jonathan. I made both of them very aware I was uncomfortable with all the cars issues. I was then told the car had been sold off the lot before inspections by Justin. He informed me they would make all the repairs assured me they would make our deal right. I agreed to these terms verbally.
They loaned me a car to drive while my car was being serviced. While driving the loaner car from the dealership it stalled at two red lights. The transmission was slipping when I would put the car in drive. I called them back the next day told them the car they loaned me was unsafe to drive. I was shuffled around for days from one manager to another when I requested a safe loaner car to drive while they fixed the car I bought.
I continue to call and ask about my car and for a safe loaner car. I called and spoke with reporters and news room staff at news channel 9 making them aware of my situation. On November 22nd I was called by the service department and told they would have my car fixed be for Thanks Giving. They did not fix my car or bring me a safe car to drive. My family is located Clarksville Tn. I was unable to attend my family’s Thanks Giving Gathering because of the unsafe loaner car I was driving and my car was still at dealership. I had called over a dozen times requesting a safe loaner car each time talking to a different manager of different departments from both the Chattanooga and Dalton dealerships.
Dec. 3rd I called to call to inquire about the return of my car. Two hours later the dealership calls and tells me my car was ready. I asked them why none of my calls or requests for a safe car had not been addressed. Why had it taken 17 days to repair the car I bought on November 14th. He was unable to answer my questions. I felt I needed to get advice on my situation. During this time Calvin had returned my call twice leaving messages. I had so much I was dealing with I failed to connect with him at the time.
I felt like I had no control over trying to address these issues with the dealership and all the managers at Edd Kirby’s. When I told the manager I need to get information about my rights on the situation he demanded I bring the loaner back and pick my car up. They were going to have me arrested for not returning their loaner car be for I could be advised of my rights.
I hung up the phone not knowing what to do. I decided to call Catoosa County police and get their advice. An officer came to my home and informed me to call the Chattanooga police department because of the dealership being in their coverage area with my concerns. He understood I needed advice. I called the Chattanooga police explain to an officer what was taking place and explained my concerns over dealing with the situation alone.
I was met at Edd Kirbbys by an officer he went inside the dealership for me. Explained to them that I felt intimidated and felt what they had done needed to be addressed. The officer came back out and a key exchange took place and the officer advised me to seek legal advice if I felt I was cheated and treated unfairly.
The drive out dealer tag expired on Dec. 14th. I call asking them about my paper work and tittle for my car. The next day they FedEx me a new dealer drive out tag and Angie that works in their Dalton Dealership leaves a voice message telling me I would be getting my tag in three days . In the state of Georgia dealerships have 30 days to issue your tags after a car purchase. They failed to meet this deadline.
I go on Monday Dec. 26th to my tag office for Catoosa County. I explain my situation the lady that assisted me looked up the V.I.N. number and told me there was a problem. She calls the dealers and speaks with Angie in Dalton (423)-266-5709 she handles Edd Kirby’s tags. Catoosa County’s tag officer was told the same story that the tag was going to be delivered to me at home the next day.
Catoosa County Tag Officer provides me with the Georgia’s D.M. V. number (855-406-5221) She advises me to call them because the tittle had issues she could not assist me with. I call the Atlanta D.M.V. explain my dilemma. They entered my cars V.I. N. number at this point she informed me as well there were issues with the tag. However she would have to call me back after her supervisor looks farther into my tittle situation. On Tuesday Dec. 27th the Atlanta D.M.V. returns my call and informs me my car is titled in two owners name and has a lien on it as well.
I am asking is there is any assistance the BBB could give me at this point. As a consumer I feel this should be brought to the attention of those in the Chattanooga area. The public should be informed on the Business Practices of Edd Kirby’s Adventure LLC.
Thank You,
Dorothy Davis (Kathy)
175 Fairlane Road Rossville, Ga. 30741
(423)-314-8251
"
Reply Have a similar problem?
Additional Communication Between Claimant and Edd Kirby's Adventure Cars Llc Hide
  • Jan 06, 2014, Edd Kirby's Adventure Cars LLC (responding party) added:
  • On behalf of Edd Kirby’s Adventure Cars I want to address Ms. Davis’ issues. First, Ms. Davis was informed that the vehicle had not been through inspection before she purchased it and although we do not knowingly sell vehicles with mechanical problems, all vehicles over 100,000 miles are sold "as-is", i.e without any warranty from Adventure. The day she drove the car she took it on an extended test drive with a friend to satisfy herself as to the mechanics of the car and upon returning had no issues with the car. As a good faith gesture for her taking the car prior to our being able to perform our used vehicle inspection we included a 3 month, 3,000 mile major component extended service contract through Portfolio(the insurer) at no additional charge to ensure that she was completely at ease with her purchase. The warranty given her is far more than a powertrain warranty, covering most major components of the vehicle, protecting Ms Davis from potentially thousands of dollars of repairs should a major component fail within the first 3 months of ownership. .

    Ms Davis returned a couple days after purchasing the car with a list of items, some of which were not mechanical but trim and cosmetic items, that were outside the scope of the extended warranty coverage, one being the seat was “uncomfortable.” We told her that we would send the car through our inspection process and we addressed the items we found as we normally do when a vehicle goes through our service inspection process. As a further good-will gesture, not an obligation, we replaced the driver seat for her at the company's expense, something we thought might 'wow' her. We also put Ms Davis in a vehicle to drive while her vehicle was being serviced, also at our expense and once again as a good-will gesture, not an obligation. When she expressed her concerns about the stalling and felt as though the transmission was slipping I made an attempt to call her back and left her a message and did not get a response. Within the next 2 days her car was repaired and when I attempted to contact her she stated that she was not going to bring our vehicle back unless she got a full refund. I had to inform her that what she was threatening to do was illegal. She arrived at our dealership with a Police officer who also told her that the dealership had done nothing illegal while she insisted we did. She stated that she felt intimidated. We never threatened her in any way and in fact went above and beyond our obligations trying to please Ms Davis. The only negative conversation on our part was in having to respond to her threat not to bring our vehicle back, which also throws in to question her complaints of this vehicle.



    The issues she had with getting her tag are normal for situations like hers. The tag and paperwork process typically takes right up to the 30 day mark, and there is legislation to extend the allowed time for temp tags and titling to 45 days due to all the red tape (but that's another issue), so any delay could push the processing time slightly pass the 30 day mark. She did confirm that we mailed her another tag to ensure she was driving legally until the paperwork was processed. The vehicle she bought was a fresh trade in, which is also why it had not been through our service department when she decided to purchase it, therefore we had not received all the documents from the previous lien holder which we informed her typically takes a couple of weeks. We stayed in contact with her through the entire process and ensured her there was nothing she needed to do, that we would take care of everything. She took it upon herself to go to the DMV and the courthouse anyway. The car is now titled in her name with no issues.

    We are happy to service Ms Davis's vehicle going forward if she wishes and will continue to give her the best service treatment she will find in any service department.

  • Jan 06, 2014, Edd Kirby's Adventure Cars LLC (responding party) added:
  • On behalf of Edd Kirby’s Adventure Cars I want to address Ms. Davis’ issues. First, Ms. Davis was informed that the vehicle had not been through inspection before she purchased it and although we do not knowingly sell vehicles with mechanical problems, all vehicles over 100,000 miles are sold "as-is", i.e without any warranty from Adventure. The day she drove the car she took it on an extended test drive with a friend to satisfy herself as to the mechanics of the car and upon returning had no issues with the car. As a good faith gesture for her taking the car prior to our being able to perform our used vehicle inspection we included a 3 month, 3,000 mile major component extended service contract through Portfolio(the insurer) at no additional charge to ensure that she was completely at ease with her purchase. The warranty given her is far more than a powertrain warranty, covering most major components of the vehicle, protecting Ms Davis from potentially thousands of dollars of repairs should a major component fail within the first 3 months of ownership. .

    Ms Davis returned a couple days after purchasing the car with a list of items, some of which were not mechanical but trim and cosmetic items, that were outside the scope of the extended warranty coverage, one being the seat was “uncomfortable.” We told her that we would send the car through our inspection process and we addressed the items we found as we normally do when a vehicle goes through our service inspection process. As a further good-will gesture, not an obligation, we replaced the driver seat for her at the company's expense, something we thought might 'wow' her. We also put Ms Davis in a vehicle to drive while her vehicle was being serviced, also at our expense and once again as a good-will gesture, not an obligation. When she expressed her concerns about the stalling and felt as though the transmission was slipping I made an attempt to call her back and left her a message and did not get a response. Within the next 2 days her car was repaired and when I attempted to contact her she stated that she was not going to bring our vehicle back unless she got a full refund. I had to inform her that what she was threatening to do was illegal. She arrived at our dealership with a Police officer who also told her that the dealership had done nothing illegal while she insisted we did. She stated that she felt intimidated. We never threatened her in any way and in fact went above and beyond our obligations trying to please Ms Davis. The only negative conversation on our part was in having to respond to her threat not to bring our vehicle back, which also throws in to question her complaints of this vehicle.



    The issues she had with getting her tag are normal for situations like hers. The tag and paperwork process typically takes right up to the 30 day mark, and there is legislation to extend the allowed time for temp tags and titling to 45 days due to all the red tape (but that's another issue), so any delay could push the processing time slightly pass the 30 day mark. She did confirm that we mailed her another tag to ensure she was driving legally until the paperwork was processed. The vehicle she bought was a fresh trade in, which is also why it had not been through our service department when she decided to purchase it, therefore we had not received all the documents from the previous lien holder which we informed her typically takes a couple of weeks. We stayed in contact with her through the entire process and ensured her there was nothing she needed to do, that we would take care of everything. She took it upon herself to go to the DMV and the courthouse anyway. The car is now titled in her name with no issues.

    We are happy to service Ms Davis's vehicle going forward if she wishes and will continue to give her the best service treatment she will find in any service department.

  • Jan 09, 2014, Claiming party added:
  • I was told and so was my friend that the car had been inspected and passed. It just hadn't been cleaned up. The test drive was done by the salesperson not by me or my friend. I told them I didn't want the car if the inspection hadn't been done. He assured me the car had passed inspection. The "loaner" car they gave me wasn't fit to drive any where and I missed my Thanksgiving holiday. The title is still up in the air as of today the DMV stated that the car had two owners and a lien against it. The officer accompanied me to pick up the car was just there to make sure nothing happened since I was nervous to go by self as single woman. He also stated that I might need to get an attorney. I didn't drive off the lot with the vehicle without the vehicle being paid in full. The hold up on picking my vehicle was trying to get the warranty extended for the time period they had my vehicle which was 3 weeks. I did receive another drive out tag but it was after the first drive out expired and I had to call to get it.

What Claimant Wants Hide
1. Compensation: Not having a safe driveable car to travel out of town for my family's Thanks Giving Gathering from Nov.23rd-27th Jan 03, 2014 $1,000.00
2. Refund: The 10,000.00 cash I paid for car Jan 03, 2014 $10,000.00
3. Pay me for my time: Time spent without a safe car to drive Jan 03, 2014 $500.00
4. Monetary items with amounts to be determined: Stress and related matters Jan 03, 2014 TBD*
5. Other – Copy claim to regulators Jan 03, 2014 $14.99
6. Other – Pay for claim posting cost Jan 03, 2014 $7.99
7. Other – Physical delivery charges Jan 03, 2014 $25.98
Just make me happy!
Claimant invites Edd Kirby's Adventure Cars LLC to make a fair offer to resolve this complaint.
Cash total : $11,548.96*
*Amount shown is not final: total will increase when pending amount(s) are known and entered.
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    " On behalf of Edd Kirby’s Adventure Cars I want to address Ms. Davis’ issues. First, Ms. Davis was informed that the vehicle had not been through inspection before she purchased it and although we do not knowingly sell vehicles with mechanical problems, all vehicles over 100,000 miles are sold "as-is", i.e without any warranty from Adventure. The day she drove the car she took it on an extended test drive with a friend to satisfy herself as to the mechanics of the car and upon returning had no issues with the car. As a good faith gesture for her taking the car prior to our being able to perform our used vehicle inspection we included a 3 month, 3,000 mile major component extended service contract through Portfolio(the insurer) at no additional charge to ensure that she was completely at ease with her purchase. The warranty given her is far more than a powertrain warranty, covering most major components of the vehicle, protecting Ms Davis from potentially thousands of dollars of repairs should a major component fail within the first 3 months of ownership. .
    Ms Davis returned a couple days after purchasing the car with a list of items, some of which were not mechanical but trim and cosmetic items, that were outside the scope of the extended warranty coverage, one being the seat was “uncomfortable.” We told her that we would send the car through our inspection process and we addressed the items we found as we normally do when a vehicle goes through our service inspection process. As a further good-will gesture, not an obligation, we replaced the driver seat for her at the company's expense, something we thought might 'wow' her. We also put Ms Davis in a vehicle to drive while her vehicle was being serviced, also at our expense and once again as a good-will gesture, not an obligation. When she expressed her concerns about the stalling and felt as though the transmission was slipping I made an attempt to call her back and left her a message and did not get a response. Within the next 2 days her car was repaired and when I attempted to contact her she stated that she was not going to bring our vehicle back unless she got a full refund. I had to inform her that what she was threatening to do was illegal. She arrived at our dealership with a Police officer who also told her that the dealership had done nothing illegal while she insisted we did. She stated that she felt intimidated. We never threatened her in any way and in fact went above and beyond our obligations trying to please Ms Davis. The only negative conversation on our part was in having to respond to her threat not to bring our vehicle back, which also throws in to question her complaints of this vehicle.



    The issues she had with getting her tag are normal for situations like hers. The tag and paperwork process typically takes right up to the 30 day mark, and there is legislation to extend the allowed time for temp tags and titling to 45 days due to all the red tape (but that's another issue), so any delay could push the processing time slightly pass the 30 day mark. She did confirm that we mailed her another tag to ensure she was driving legally until the paperwork was processed. The vehicle she bought was a fresh trade in, which is also why it had not been through our service department when she decided to purchase it, therefore we had not received all the documents from the previous lien holder which we informed her typically takes a couple of weeks. We stayed in contact with her through the entire process and ensured her there was nothing she needed to do, that we would take care of everything. She took it upon herself to go to the DMV and the courthouse anyway. The car is now titled in her name with no issues.
    e are happy to service Ms Davis's vehicle going forward if she wishes and will continue to give her the best service treatment she will find in any service department. "

This claim will remain posted until resolved.

  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
Get fast access to our Resolver community, for...
  • help with a PeopleClaim or any other complaint
  • assistance with a purchase or contract
  • expert advice
Other PeopleClaim resolvers
Get Free alerts when claims post in your area.
Get Alert

Need help resolving a dispute? Learn more.

Public Mediation

The shortest path from your problem to its resolution.
1
Peer to Peer

Engage the other party and use powerful tools to negotiate the best resolution.

Free
If Unresolved
2
Community Resolution

Post your case online and get help from legal professionals, industry experts, consumers & advocates competing to find the best resolution to your claim.

$14.99 + optional reward for best resolution
Full refund if not resolved to your satisfaction
If Unresolved
3
Private Mediation

Lets you mediate your case privately with the help of our professional mediators and industry experts.

Free to claimant. Mediator fees negotiable.
If Unresolved
4
Engage a Professional

Find the best community-reviewed professionals near you to resolve your issue in private online mediation or traditional court/mediation.

Resolution

A wonderful serenity has taken possession of my entire soul, like these sweet mornings of spring which I enjoy with my whole heart.

I am (not) alone, and I feel the charm of existence in this spot, which was created for the bliss of souls like mine...~ Goethe

Get a public verdict — create an online trial $50 public trial / $50 reward for successful resolution
Important: All information contained herein is the opinion of the posting parties, who are solely responsible for its content. PeopleClaim offers both free and paid services to help consumers, patients, employee, tenants, and others resolve disputes without lawyers or courts, through negotiated online settlement and public disclosure of wrongdoing or unfair treatment.
Claims against parties operating under bankruptcy protection, by law must be processed solely through the appropriate US bankruptcy court. Any claims against this party currently posted on PeopleClaim are available for purposes of public business review only and are not an attempt to collect money or recover assets subject to protections under the United States Bankruptcy Code.
*IMPORTANT: PeopleClaim is a public dispute resolution system, independent of the BBB, small claims court, or other dispute resolution services. PeopleClaim is not a law firm and does not provide legal services, opinions, or advice. PeopleClaim facilitates peer-to-peer negotiation and resolution and crowdsourced input on issues of fairness to help resolve complaints. Users should contact professional legal counsel on any matters of law or regulation regarding their claims. PeopleClaim does not review or evaluate the merits of claims submitted through its site, and users are solely responsible for all content filed in their claims.
© reserved by PeopleClaim