On February 5th my brother Roger took me to Barbee's Freeway Ford I needed a car because I am a fulltime college student and I have to take evening classes because I work in the day full time, the time that I got out of class was really late at night and was to dangerous to be out that late waiting for the Colfax bus. The car salesman that falsified, misrepresented and fraudulently changed the contract on this car loan for a 2004 Chrysler Sebring was Travis Reese also known as Ty; Ty was supposed to be my brother's friend so I and my brother trusted him because I did not know anything about buying a car.
Ty asked me some questions and told me to fill out a credit application. After doing that Ty ran my credit which was not that good because I was maxed out on my credit cards I have never been late with any creditors but my credit score was a 560. I made $12.83 an hour and had over $7500 in debt, I also did not have a? Big purchase? On my credit report like a car or house so even though I was never late it was not enough to prove I could pay on time, The banks could not look at my student loans because my student loans are not in repayment and I am fully independent so I did not have anyone to cosign on a loan. Roger went in with me and told Ty I needed a reliable car that was not expensive because I was in college. Roger did not stay at the dealership with me the whole time of the transaction; Roger was there when I was filling out the credit application.
Ty told me after I looked at the cars on the lot that they could not get me in a car, then Ty looked at my credit application and paycheck stub, he walked away for a while and came back and told me to sign the electronic print out of the credit application I did not look at the information because I was lead to believe it was the same information that I put on the paper credit application and once again I trusted Ty because he said don't worry he would take care of me and give me a? Good deal?
After Ty left the desk and came back he asked me if I wanted to test drive the 2004 Chrysler Sebring that was on the lot. I looked at it and said ok, Ty was not the salesman that test drove this car with me another salesman that was working with Ty took me on the test drive. After we returned to the dealership Ty asked me how did I like the car I told him it was fine but the price was too high. Ty asked me what I payments I would feel comfortable with, I told him $250 a month Ty explained to me that the payments could not be that low and then said? I will give you my employee pricing and take another $1000 off the price? I told him the payments are still really high he told me with my credit I have to prove to the banks that I can make on-time payments Ty also told me if I could? Bite my tongue on the payments for a year then you can refinance the car and get a really low payment and even lower interest rate? He also stated that I had to start somewhere.
Ty sold me a 2004 Chrysler Sebring touring edition LXi for supposedly $16,661.38 for 72 months at a 17.99% interest rate which makes my payments $406.88 every month. I told Ty I would try to make on time payments and hold out a year. When I went to the finance manager to sign paper work who was Neil Driscoll he also stated? You can refinance in a year come February you can have a really low car payment and you would have paid the car down over the year you make the high car payments? What Ty and Neil FAILED to mention, misrepresented and flat out did not tell me, is banks DON'T refinance the? Balance? Of your loan they refinance the blue book value of the car. For an actually example of this loan balance was suppose to be $17,751.00 the blue book value when I checked in February 6th (after a year of making high car payments) was roughly $12,000 which means they sold me a car that was only worth $14,000 at the time of sale, that means I am upside down on this car by about $7500 which also means NO bank is going to refinance this car. Ty and Neil also misrepresented and did not tell me that this car was an auction car Barbee's Freeway Ford received this car on their lot February 3RD 2006 purchased for about $8000, this means every dealership I went to trade this car knew exactly what it was sold for and knew I could not get close to what it was worth, also the banks knew that this car was an auction car and knew exactly what it was sold for which ment I was stuck when it came to refinancing or trading.
Also misrepresented and lied about is The? Sold as is? Sign was not on the window sticker of the car and I never signed the paper work, what is ironic is it ended up in my paperwork that was given to me in an envelope with all the other paperwork, I did not find this until a much later date when I was going through the paper work. The reason Ty sold me this car so quickly is I went to get my oil changed at Wal-Mart and I was told by the auto department that they could not do my oil change because whoever work on the car last striped the bolt to take off the oil pan and they sealed the transmission with silicone. I then took the car to Jiffy Lube and I was told they could not get the bolt off; the auto mechanic took me downstairs where they work on the cars so I could see for my self. Jiffy Lube showed me where the transmission was leaking and how the silicone burned off also the transmission was flooded Jiffy Lube advised me to take the car back to the dealer.
I took the car back to the dealer and I took my grandpa John Sawyer with me. We spoke to the manager named Chris he agreed to fix the problem but would not show me the paper work of when this car came on the lot and who looked checked it out. Chris was hesitating to disclose what the procedures are when they get a car from auction.
Chris told my grandpa and I they walk around the car, look under the hood and test drive it up the street, he stated? If it runs ok without any major noises we sell it? Chris also stated? How do I know you didn't do it? I told him no one has touched this car but Barbee's Freeway Ford and I was disappointed, shocked and upset that they sold me a car, did not tell me it was a? Sold as is? Car and the transmission could have gone out while I was driving and I could have gotten in a horrible car accident. Not to mention you do not seal a transmission with silicone that will burn off because of the heat of the engine. Because of Chris hesitation that leads me to believe if this dealership can do this to sell a car there is no way my contract and financing could be valid. Which I was completely right about, and I will go over every document that I am including with this complaint, I will explain everything that was falsified, changed and lied about. I contacted the bank that owns the? Money? For this loan which is New Horizons Community Credit Union I spoke to Lorenda Hawkie who is a loan officer for this bank I asked Lorenda if she could pull everything that Barbee's Freeway Ford sent to them foe this loan, Lorenda looked over the paperwork and found one of the problems Ty put my income as $4600 a month, at the time I was making $12.83 an hour which my enclosed paycheck stub proves, I was grossing $2140 a month which depended on if I got shift differential the paycheck stub is dated 2/4 a day before I brought this car. Lorenda also pulled the credit report at the time of sale and confirmed that I did not have? Bad credit? But I should have never been approved for this car because my debt to income ratio was to high also the loan amount Lorenda also pulled the credit report at the time of sale and confirmed that I did not have? Bad credit? But I should have never been approved for this car because my debt to income ratio was to high also the loan amount of this car was $17,751.47 my annual income was $25,680. I went to New Horizons Community Credit Union to get all the paper work that was sent to this bank from the dealership the bank was able to give me a copy of the credit application that was electronic from the dealership, which was not included in my paperwork when I left the dealership.
There are 8 things on this application that are false, 1) My rent was $499.00 water and trash which = 525.00 a month my rent was NOT $300 (Ty made my rent lower so I could look good on the front end and to show I paid less in rent so more in income not true).
2) At the time that I brought this car I was living at 420 N. Helena Ct for 10 months, NOT one year my lease started April 27th. (Ty changed the time of residence to one year because most banks want to see that you have been stable at your current residency for at least a year).
3) I moved to Denver, Colorado August 4th the address 3030 Richard Allen is my grandma's (Ms. Thomas) address, I lived with my grandma for 2 months August and September NOT 2 years. (Ty changed the years of previous residency to prove I was stable and established).
4) At the time I was making $12.83 an hour I grossed $2140 a month, in the field? Employed by or Type of Business? My monthly income states $2300.in field? Alimony, child support or separate maintenance income? The applicant income states $2300, which totals $4600, I was under no circumstance making $4600 a month, nor was I making $2300 a month in gross income. My gross income was $2140 a month (Ty increased my income and $2460.00 to make me look as if I made more money and could afford? More car?
5) The length of employment at UCH time of sell of this car was 10 months I started at the UCH April 12th this car was brought February 5th which is 10 months of employment. (Ty made my time of employment longer so I could look like I was stable with employment); I was not employed with the hospital for a year at the time of purchase of this car.
6) The previous job that I had was at Walgreen's I worked there from 1/21 to 4/13 which is 1 year and 3 months NOT 2 years. (Ty made my previous job employment length look longer so I could be view as? Stable employment? By the banks)
7) The verification of previous employer phone number was never verified the number given is the salesman cell phone number this is not the work number of Walgreen's (Ty lied about the number so if a bank was to call to verify previous employment he would be able to continue his lie and confirm what he put on the electronic credit application).
If you notice on this electronic copy credit application the residency and time of employment match exactly 3 years of Colorado residency and 3 years of Colorado employment. I moved here August 4th I did not get my driver license switched until June 21st 2004 which proves my Colorado residency. *Note* on my last check stub from Walgreen's the address is my grandma's address because my mail was going to her house for quiet some time until I forwarded my mail to the address at the time on 420 Helena Ct.
The contract agreement has hidden fees and the cash down payment of a $1000 I never put down, I did not have any money to put towards a down payment, Ty told me to tell the loan holder (Centrix Financial) that I put down $1000 and he was taking this off the price when you do the math Ty only took of $291.00 On the buyers order the? Cash balance due? Is $17,431.97, on the credit sale contract the cash price is $18,042.47 which includes the taxes of $1,381.11. If the buyers order? Total cash price is $18,431.97 why is the? Cash price? On the contract $18,042.47, the figures should be consistent. I was charged for a filling fee ($19.50), a assurant group fee ($300.00) and a Barbee's Freeway Ford ($389.50). Ty took off supposedly $1000, He added it back in because he took it off the vehicle selling price not the bottom line price which would have been taken off after the taxes, fees and delivery and handling fee. Ty told me he was taking $1000 off he failed to tell me it would not help or make a difference, Ty failed to disclose all the terms and conditions of this sell of a 2004 Chrysler Sebring.
The law states that Fraud and misrepresentation is? Fraud and misrepresentation are defenses to a contract. Misrepresentation is a false statement about a present or past material fact relied on by the other party to the contract. A misrepresentation is interpreted as an innocent misstatement of a fact whereas a fraud is a deliberate misstatement of a fact.in the case of a misrepresentation, the injured party may rescind the contract? Ty knew exactly what he was doing to play the? Numbers game? And is wrong of both Fraud and misrepresentation, because Ty and Neil willingly and knowingly change information without me knowing. I am highly upset that this dealership changed factual evidence and lead me to believe that in a year I would be able to refinance and or trade this car in, Barbee's Freeway Ford and their salesman Ty Steerman and Neil Driscoll knew exactly what scams they were pulling and took advantage of my situation of needing a car. If I had known of any underling of contracts and that this car was not in reliable condition I would have never purchased this vehicle. I reported this dealer to the dealer association board who are not helpful at all Gloria from this dealer board told me there is nothing I could do about it and the Barbee's Freeway Ford response is? She is a remorseful buyer who wants to get out of this car?
I wanted to be sold a car not a nightmare the original credit application that I filled out is supposedly no where to be found and this Barbee's Freeway Ford can not show me the original application. Barbee's Freeway Ford took advantage of me and my situation they had no consideration of how this was going to change my life. What I signed that night was not the same as the credit application the bank received.
These people can financially cripple a consumer and they get away with it. It brings me much heartache and sadness that this dealership is in business they have had 6 complaints this year alone my congress needs to change the laws of car buying because what has happened to me has happened to so many people. The dealer association board suggests I contact my congress.
Jocelyne
Denver, Colorado
U.S.A.
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