On August 8th I applied on line for auto loan, recd prompt response from Roadloans, I was approved and paperwork would be sent via UPS overnite, it arrived August 10th and included was a ck for 20K, they have you search for car and go in as cash buyer the benefit being that you get a better deal. You then fill out the ck to the dealership where you want to purchase. The ck is not good until all conditions are met by dealer and purchaser. Then dealer recieves pin # and is able to deposit funds.
According to Roadloans they have an 8-10 day turnaround for financing. *Quik note ; Aug 10th approval-October 22 now dealer still not paid*
We went to a small dealer in our area #1 because they had a wide selection of trucks and #2 we wanted to support small business in our city, we have watched company grow from small one parking lot to larger auto lot... Thought that was indication that doing well in business, cant believe everything you see, so negotiated a good price for a truck, and recd 5k for our trade in, this was a Sat, so following Roadloans policy I would bring in the ck and then they would need to follow the instructions for dealers, Monday or Tuesday it was brought to my attention that to use this division of Roadloans the dealer needs to be "participating", Roadloans asked the dealership to sign up but they refused stating that they have access to over 70 lenders why should they sign with someone they are not familiar with, this in turn caused us to need to obtain alternate fiancing, fortunatly for us at the time, they have a division that handles funding for private purchase deals and they would go ahead and fund us thru that division.
So now we have a whole new set of paperwork and information to provide to the new lender Straightaway (div of Roadloans & Triad financial), this is now nearing the end of August and the dealership wants the truck back unless they can get a gaurantee of payment from lender, I went into the dealership to discuss the best way to handle this, we agreed on a compromise, I felt uneasy leaving the truck up there as #1 I had paid for a 6month term of insurance in full and #2 according to everything they stated they were not making any money on the deal we negotiated due to the cost that the vehicle we wanted to purchase was brought in at, so they did not have much motivation to help us out with financing paperwork or anything, they would just as soon unwind the deal and be done with it.
I demanded that the agreement worked out that day be put in writing and after much inauspicousness on their part they agreed, it is as follows:
Consumer Auto Liquidators Agreement Regarding Dodge Ram Vin#..
*Consumer Auto Liquidators agrees upon return of above mentioned vehicle to 10826 Sunset Hwy, to hold said vehicle until financing verification and funding has been finalized in a manner satisfactory to Consumer Auto Liquidators, or until close of business Monday August 29th,7:00pm. If satisfactory verification is met, the Webers' may take the vehicle. If there is not satisfactory verification the transaction between Consumer Auto Liquidators and the Webers becomes null and void, providing the vehicle is returned in the condition it was in at time of sale.
Consumer Auto Liquidators Brent Blervins 8-26-05
On this same day a written gaurantee absolute promise of payment was sent to Brent at Consumer Auto by K. Gibson at Straightaway so he released the truck to us based on that. All contracts and our financial information has exhanged hands and the vehicle still needs an inspection, so that is set up for Sept 1st by a independent inspection service. Now according to Straightaway all is done and funding will be sent. I do need to interject this here: In 1997 I filed Ch 13 bankruptcy, all payments were deducted from paycheck and no payments were ever missed, however due to a change in employment (after 15 yrs at the same place) at the same time as our last payment was due there was apparently some mix up and a dismissal was issued, however simultaneously it was corrected and a discharge was filed, however when asked for bankruptcy info from straightaway I was told to send proof that we were no longer in bankruptcy.
I contacted Bankruptcy court and found that due to computerized system being incorporated in the middle of our Bankruptcy half or our file was electronic and half paper, while some files were purged and others were missing. I explained that I needed proof that I was not in Bankruptcy and the dismissal notice was sent to me which I then forwarded to Straightaway. Nothing more is said except that paperwork was approved by loan officer, her supervisor and the General Manager, so 3 separate people reviewed it before sending it to the bank. Also unbeknown to us The bank first sent the dealer a check with the wrong name on it so that delayed funding on their end and then once the correct ck was cut a pin # was promised day after day but never recd*Fast forward now from Sept 1 to September 26 - Not a word from either dealer or lender, positive or negative, so I am assuming they figured it out, I already had contract papers so I knew the first payment was due on October 10 and was plannning accordingly for that.
Sptember 26th 2005 recieved a call from Straightaway stating that now they can not fund the loan as our bankruptcy was dismissed and not discharged. I knew that it was discharged so I explained that to the lender, unfortunatly my wife was admitted into the hospital on the 23rd and was in intensive care with ventricular tachacardyia, a very serious condition especially for a 36 yr old female, she is the one that had handled getting all the paperwork and had all the contact phone numbers etc, now she has a breathing tube and cant communicate with me at a very crucial time.
Somehow we managed to make it thru the week and she was released that following weekend after having a pacemaker and defibulator placed, she tackled this immediatley and was able to gain the corrected Discharge of Bankruptcy form from the courts. This was sent to Straightaway to a very happy loan officer, she was placed on a suspension after allowing our paperwork to go thru and becuase she provided the dealer with a absolute gaurantee of payment on Aug 26th so that we could take the truck home, apparently she did not know the difference between a dismissal and discharge. The amazing thing is that it went thru all channels of approval and was not caught until it was at the bank for funding 1 1/2 months after the initial purchase.
Now K. Gibson at straightaway informs us that since the approval expired on Septembewr 18th she would need permission to re-submit it to Roadloans for approval once again. This was on a Friday, on Monday Oct 3rd I recieve via email a denial for funding from Roadloans, they state it is becuase of excessive inquires on our credit and our bankruptcy that was dismissed, at this point I would have given up if not for the threats from the dealership of suing me and that they put a transmission in my trade in after the lender gauranteed payment so naturally they expect me to pay them for that.
I tried several times to reach K. Gibson at straightaway to see if in fact she did send in the discharge paperwork when submitting for a new approval, never recd any correspondence from her, I decided to take matters on myself and placed a call to Roadloans (I was informed that they are the ones who fund the loan the "bank" so to speak) I was given the line that our loan was rejected due to bankruptcy dismissal, I ask if they recd corrected paperwork and could not get a response, I tried to explain my situation and let them know that this is not acceptable, it is now the first week in October and the dealer is still not funded from a transaction August 13th, I was put thru to a General Manager voicemail and left a message, still no response, so I call again... Finally a loan officer named Andrea Sherrod asked that I forward her a copy of the discharge and she would handle it, by the end of the day I had recieved an email stating that "Congratualations you have been approved for financing by Roadloans" so now I am thinking finally it is done.
October 7th: Recieved a call from K. Gibson she has just recd the approval from Roadloans to fund and cant believe I was able to accomplish that, she stated I was a miracle worker and if ever she needed something like that done she was coming to me, she then proceeds to inform me that I need to Next day air my October 10th payment as they would keep the original contract however here is the catch, they would not fund me until I made my payment, how backwards is that, they want me to pay for the benefit of borrowing money with interest for a month that no money was disbursed.
The comment I recieved was "you dont want to wait another 2-3 weeks for another contract to be drawn up do you?" which no I did not so I sent payment. Had another medical emergency with wife so I did not know that I had recd a notice from UPS stating that a computer error was made when package labeled and they needed corrected info from me so that they could send on, I have an account with UPS and recieve and send so much for my business that the UPS driver knows me by name, however due to the fact that I was at the hospital for the majority of the week I did not know that payment was not recd until I got a call from dealer and lender that they needed payment, this was on Thurs Oct 13th 05. I had to attend to my wifes needs but did follow up with UPS however on Friday the 14th of October Consumer Auto Liquidators came and took the truck out of my driveway and will not return calls also wont give me back my trade in. I just recd a call from Straightaway stating that since it was Oct 20th and no payment recd they would no longer fund the loan, I could not help but laugh as I am standing there on the phone looking out my window at my bare driveway, I think it is especially hard becuase for 3 years we had 2 car payments and finally got to pay them off early and own them free and clear, now one is sitting in a dealers lot being held hostage for thousands of dollars and no one wants to correspond...
I know this is lengthy but I feel completely wronged and do not know who to blame, at one point Brent at Consumer Auto stated that he was going to sue us for the transmission that was put in the trade in and for use of the new truck for 2 months, and then we could sue Roadloans, I asked him to refer to his original paperwork signed at the time of sale which states this:
IF FOR ANY REASON purchaser does not qualify for financing and/or if the financial institution refuses to accept assignment then this transaction shall be null and void and all funds and any trade-in shall be returned to purchaser subject however to said vehicle not having damage or excessive milage.
The truck had neither excessive miles or damage, in fact I spent 11 hours one day poliching and cleaning it as it was a black truck, so I had alot of emotional investment as well.
Any help at all would be appreciated, I am of course trying to find an atty to help but no luck so far, also researching all options but this is an awesome site so if anyone can help I know you all can
Caleb
Zion, Oregon
U.S.A.
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