This is an initial report. I will update as events unfold.
* The Background Details
I financed a van from F.S. English dba J.D. Byrider & Car Now Acceptance Corp 3250 West Washington St.indianapolis, Indiana 46222 (317) 624-9999 based upon a family member referral.
I faithfully made my payments for about 6 months until I was unexpectedly R.I.F.'ed (Reduction In Force) by my employer along with 2 whole shifts.
Wanting to be honest and upfront with my creditor, I met with the store manager, Cathy Derricote, and explained the circumstances. I offered to immediately turn-in the financed van on a "Voluntary Reposession" basis. Ms. Derricote was unhappy but accepted my offer. She proceeded to "inform" me of forthcoming collection efforts, lawsuits and garnishments against me. I responded in an apologetic manner explaining that because of my unexpected unemployment that I had no options to draw upon until becoming re-employed. I also assured her of my intention to get back into the vehicle at my earliest opportunity and asked what options would be available when I was again employed.
Ms. Derricote offered me the option of a "Four to Cure" redemption of the vehicle. She explained that all that would be needed after getting the van back would be to make four on-time payments when I start getting paychecks again. I responded that this sounded like a perfect remedy for when I was re-employed. She agreed.
As a side issue, before I was unemployed I was having problems with the engine and transmission of the van and previously had taken it into the Byrider service shop to be repaired. I have a service contract with Byrider for the van and I was still making on-time payments. The mechanical issues with the van were not resolved on the first service visit and now the "Check Engine" light was on steadily so I took the van in for a second time. (This turned out to be about a week before I was laid off.) At the time that I voluntarily turned in the van when I was laid off, the service department had never even looked at the van. So these mechanical issues are still ongoing.
About a month and a half later, I contacted Ms. Derricote and informed her that I was now re-employed (at an increased salary) and that I wanted to get the "Four to Cure" redemption process in the works. I wanted to ensure that the mechanical issues were addressed before I re-took possession of the vehicle and stated this. This was prior to my first day on my new job. Ms. Derricote was pleased and responded in a pleasant manner and delegated the process to a staff member named Steve (last name still unknown.)
Byrider staff member Steve spoke with me on the phone and we began making arrangements to get me back in the van so I could get to work and back. I made sure to also mention the mechanical issues and wanted to get them resolved. The arrangements for this "Four to Cure" program are given below as they were communicated to me.
Byrider staff member Steve would draft the "Four to Cure" paperwork and we made an appointment for me to come in to meet him in the office to work out my updated financing (presumably because of my increased salary and to get my employer details on record.) Steve then consulted with a "manager" and came back on the phone to inform me of how it would work. The arrangements (that the "manager" gave Steve) were that I would re-take possession of the van before my first day at work and immediately upon receipt of my first paycheck would begin making the four on-time loan payments plus a "good-faith" fee of an extra $20-$22 per payment. We set a specific date for both my re-taking possession of the van and the later date of my first paycheck. I expressed that I would like to make it the date of my first full paycheck, but Steve replied that that wasn't possible. We both agreed to those terms.
This, I was told, was the requirement for their "Four to Cure" redemption program. I agreed to those terms, but again stated that I wanted to be sure that the engine and transmission issues were addressed. Steve assured me that they would be and that he would consult with the Byrider Service Manager, Brian Thompson, and get back with me. He never called.
* Delays and Deceptions
When I arrived for our scheduled appointment in the JD Byrider office, I was informed that both Steve and Ms. Derricote were off work that day (the day I was instructed to meet with them.) Puzzled, I requested to at least get the information about my new employer and income information details out of the way which I did with Byrider staff member Victor (again, last names aren't given.) Victor stated that there were no current notes on my account and that he didn't know how to draft a "Four to Cure" agreement. I asked him to make a note of our meeting and to also inform Steve of our meeting and he agreed that he would. At this time I also informed Victor about the mechanical issues and he stated that he was sure that Steve and Brian Thompson (the Service Manager) would be addressing that.
I phoned Byrider staff member Steve the next day to discuss the redemption process with him. He apologized about not being available at our meeting and said something about a schedule conflict. I asked Steve to make sure that our agreement was noted on my account and he assured me that it was. He indicated that the information that I gave Victor was all they really needed and that they would immediately bring the van back from their storage lot and get me into the vehicle before my first day of work. We agreed on the Saturday before my expected first day of work. I would simply sign the "Four to Cure" paperwork at that time.
I again mentioned the mechanical issues. Steve said that Brian told him that he only had a record of my first service visit. I stated that I was disappointed about this, that the service department had the van for a week ~before~ I voluntarily turned it in and that I was suspicious of Brian's intentions to actually repair the van. Steve didn't comment to my statement and closed the call.
On the day before I was to pick up the van, I called the Byrider office to confirm my appointment for Saturday. I was informed that they "couldn't find the van" and that they would call me back. Byrider staff member Steve eventually called me and informed me that they were going to do a physical search of their lot to find the van. I reminded him that we still had to have service repair the van before I could take it. Steve stated that he would call me that evening to let me know. He never called.
I subsequently found out that I would not be starting my new job on Monday, but on Wednesday. This wasn't good news, but it was a bit of a relief because of the delays I was experiencing on getting the van.
On Saturday, I called to find out if they "found" the van and after being on hold several times and talking to different people I was informed that the van was still at their storage lot. Finally, I was put on the phone with Byrider staff member Steve. I informed him of the change in my start date and we made an updated appointment of Monday to follow-up on getting the van. I informed Steve that I hoped to get the van back from the service department no later than Tuesday so I could get to work on Wednesday. He acknowleged my expectations and closed the call.
* The First Shoe Drops...
I called on Monday and informed Byrider staff member Steve that I had made arrangements to renew the full-coverage insurance on the van. I also mentioned that I was getting the insurance cheaper from a different company. He said that was great. I took the opportunity to confirm the "Four to Cure" arrangements that we had agreed on and Steve confirmed those arrangements specifically.
I was told however that the van was still at their storage lot. Very puzzled, I asked if they were still going to be able to get it and have it serviced for me to get to work on Wednesday. He said probably not.
I informed him I was very disappointed and discussed how I was going to get to work. I told him my other vehicle was only just road-worthy and that I was concerned about driving it to get back and forth to work. He apologized profusely and said he would look into getting the van from storage and into service as soon as possible. He stated he would call me. Naturally, he did not.
I work during business hours and it's not easy to take care of personal business at work. So I called the following Saturday and eventually spoke with Byrider staff member Shannon Poe and discovered that nothing had changed from my call on the previous Monday.
Shannon did not know anything about my arrangements and I found out that nothing was entered on my account that referred to my discussions with Steve. Byrider staff member Steve wasn't available and neither was Store Manager Cathy Derricote.
I informed Shannon to note in my account that I had made arrangements with Steve. I also asked Shannon to note my account that I had made some minor temporary repairs to my old vehicle so that I could get to work. I told her that this was a very temporary solution and that because I had done this I no longer had the money to renew my license plates on the financed van. I asked Shannon to delay the date of my re-taking possession of the financed van by one week because of this. She indicated that she would.
* The Other Shoe Drops... (on my head!)
About a week later, I called and spoke with Byrider staff member Steve and he behaves as though he has never spoken to me before!!! I said Steve, we worked out a "Four to Cure" agreement and we are working on getting me back into the van. There were a lot of "Umm's" and "Uhhh's" and then he said, What's your name again? As if he were looking up my account, then he said, "Well, I see that you are behind on some payments." I said, Steve, yes, I have, you know I turned in the van as a voluntary repo and informed Cathy (the Byrider store manager) that I couldn't make the payments when I was laid off. I then reiterated the arrangements for the "Four to Cure" plan that we had made to jog his "memory." And then he said, "Oh, no, you have to make a down payment before we can draft a 'Four to Cure' agreement and then you can make those first four increased payments to redeem the vehicle."
I told him there was no way I could come up with a down payment until I start getting paid regularly from my new job. I hadn't even gotten my first partial week paycheck yet.
I told Steve those were not the arrangements that we made and again reiterated the agreement that we had. Steve said he knew (!! So much for him "not remembering") but that he just talked to the manager and "he" (the manager) said that this is how it has to be done. I stated that this is definitely not what Steve told me the "manager" said when we made the agreement a couple weeks before. I told Steve that this is a complete surprise to me and that this is opposite of every description of the "Four to Cure" process given me by Steve and Cathy.
Steve stated that I had no other alternative and that it was "too bad for you." He said that the redemption period was almost over and that they would auction the vehicle soon.
Completely depressed, I made arrangements to get with Steve on my first full payday (more than 3 weeks later) to redeem the van and insisted that he make an appointment to make the necessary repairs to the engine and transmission. I reiterated the mechanically unsound condition of my old vehicle that I was using now. He stated that he didn't know what Brian's (the Service Manager) schedule was to make such an appointment. I said that surely the service department isn't backed up to a month and that I need a service appointment for the Saturday that I get that 1st full paycheck. We made a specific date and the call ended.
* Footnote: My Discovery of a Possible Byrider Impropriety
Since that last call with Steve, I dug up all my original paperwork for the van purchase. I wanted to review the terms of the 3-year service agreement that I purchased for the van. I found not only that but something else as well!
What I found shocked me! First, you should know that when I financed the van, Byrider required me to pre-sign several Powers of Attorney. I hesitated to sign them but was assured that one was necessary for the sale and the other Powers of Attorney were for title and ownership legalities needed to satisfy the State of Indiana and the Bureau of Motor Vehicles. I relented and signed them.
What I found in my original paperwork for the van purchase was ~those very same Power's of Attorney! The originals not copies.
I had to ask myself, if these were needed to finalize my purchase of the van why did the purchase finalize if Byrider didn't have these signed forms? My conclusion, possibly flawed and I'm not here leveling any charges — only a suggestion based on my suspicions — is that to make the sale go through, the staff at JD Byrider either forged my signature or Photoshopped my signature on new Power's of Attorney.
I called, identified myself and asked to speak with the store manager Cathy Derricote. I was put on the phone with Byrider staff member Tom (no last name - predictably) who stated that Cathy was busy and couldn't come to the phone. I said that I didn't mind holding and Tom said (in a hostile manner) he couldn't put me on hold for a long period of time and that I would have to talk to him. I stated that my call had to be with the manager and he refused to pass on the call. I asked if he was refusing to let me hold for the manager and he angrily stated that he would put me on hold for hours and immediately I was put on hold. I waited for some time during which I would periodically hear a beep and then a click and then back on hold.
Someone else picked up the call and asked who I was holding for, I politely replied I was holding for Cathy. I was put on hold again. This went on for about 15 minutes with another 2 different people asking who I was holding for. Finally, Cathy Derricote answered the phone and I said Hi Cathy this is (my name) how are you today? She said "Um, Oh, I'm fine, hold" and I was immediately put back on hold. About 5 minutes later she came back on, "Hi Gary, what do you want?"
I told her hi again and said that I hoped this wasn't going to be bad news for her. I asked about the legality of me having those Powers of Attorneys that they needed to complete the sale. Cathy Derricote angrily cut me off stating that I was given copies of all that paperwork including Powers of Attorney and that she was going to end the call because she was not going to be threatened. Click.
She hung up before I could say that what I had was the originals. I hope that doesn't mean that she already knew about some impropriety.
* Summary
This is already a long account and I didn't mention a lot of detail about my experience over the life of this loan with catching various Byrider staff members in lies and inconsistencies. Most of that I have attributed all along with the expected organizational tendency of this type of company to expect little from their customers, to give the customers even less and to take as much advantage as the company can.
This last call with Cathy Derricote was today. I will update this report as the situation progresses.
All I want is to continue to prove that I am an honest and trustworthy consumer. I really need to redeem this van so that I can get back and forth to work. I always made my payments before I was laid off and would like to have Byrider honor their original obligation to repair the van and their offer to let me redeem it so that I can continue to make timely payments.
But I am beginning to believe that it's more profitable to FS English, Inc (dba JD Byrider and Car Now Acceptance Corp [CNAC]) to sell the van at auction ~AND~ to get the money for the loan from me. I also am wondering if this doesn't all stem from the fact that the engine and transmission in the van may be very costly to repair (if they don't need to be completely replaced?) and that Byrider is trying to avoid a possible high expense by liquidating the van and still get the original price out of it.
Gary
Plainfield, Indiana
U.S.A.
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