Usacomplaints.com » Cars & Transport » Complaint / Review: JD ByRider - CNAC - Ripoff. #117992

Complaint / Review
JD ByRider - CNAC
Ripoff

I am a divorced mother of 2 who when I was going through my divorce had just entered the workforce again and did NOT have credit. I went to JD ByRider because I couldn't get financed anywhere else.

They are a major FRAUD and RIPOFF and SCAM place! Do not go there ever! No matter how bad your situation may be. All the reports I read on here, they have done the same exact things to me. My car broke down within a week. I was told I could only get a certain car. It had nothing but problems. I had the same payment issues and harrassment issues too as most of these other people on here.

I found this and wanted to copy it here for all to read. BEWARE! We are not protected by the law at ALL against JD ByRider!

""Automobile Consumer Credit Fraud

On January 31,1999, Ann Brown of Sandusky, Ohio borrowed $5,500 at 25% interest from a J.D. Byrider Franchise car lot to finance her purchase of a car from Byrider's used car lot. The car turned out to be a "junker" and a safety hazard. The entire wheel and axle fell off when Ms. Brown's teenage daughter was driving down the road.in her lawsuit in Ohio court, Ms. Brown alleged that she was forced to pay an artificially inflated price in violation of the Truth in Lending Act. Ms. Brown also alleged that Byrider violated the Truth in Lending Act by requiring her to accept an $895 warranty fee that was also to be financed by J.D. Byrider at 25% interest.in addition, Ms. Brown alleged violations of the Ohio Sales Practices Act and fraud.

But Ms. Brown was denied her day in court by the district court in Ohio, which ruled that the arbitration agreement contained in Ms. Brown's contract had to be enforced because of the FAA's policy favoring arbitration. Under that arbitration clause, Ms. Brown lost all her claims under state and federal lending and consumer protection laws although Byrider retained the right to sue her. She also waived her right to punitive damages, no matter how reckless or malicious Byrider's conduct.instead, she must proceed under Byrider's choice of arbitration, for which she must pay half the costs and attorney fees. The costs of arbitration, which begin with $300 - $500 filing fees and approximately $1,500 per day arbitrator's fee, exceed the value of her claim. It is simply not worth it to take the case to arbitration.in sum, Byrider is using this arbitration clause to insulate itself from the consequences of violating the Truth in Lending Act, Ohio Sales Practices Act and flat-out fraud.

Ms. Brown did not understand that she was waiving her right to go to court when she signed an arbitration agreement with Byrider. This is hardly surprising because the Byrider financing officer himself had no idea what arbitration is or what the rules of arbitration are, so he was unable to tell Ms. Brown what rights she was waiving. Nor was she given an option — the credit contract was presented in a standard form, take-it-or-leave-it format and she was not allowed to challenge any of its provisions. The mandatory arbitration provision only applied to Ms. Brown. Had she defaulted on her loan, Byrider would have been able to file a lawsuit against her.

When Ms. Brown first filed her lawsuit, Byrider stopped using the mandatory arbitration clauses in their contracts. But once the courts refused to vindicate Ms. Brown's rights in court in favor of arbitration, Byrider began using the clauses again. Ms. Brown's attorneys have received inquiries from over 40 consumers similarly defrauded by Byrider. Unfortunately, no matter how many of J.D. Byrider's former customers are defrauded, they cannot file as a class action because the mandatory arbitration clauses in their contracts waive their right to maintain class actions.""

Please warn whomever you know to never go through them! They care about no one!!!

Sheila
Milwaukee, Wisconsin
U.S.A.


Offender: JD ByRider - CNAC

Country: USA   State: Wisconsin   City: Milwaukee
Address: S. 27th St. And N. 76th St

Category: Cars & Transport

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