I purchase a vehicle from Rotti Motors. It was nearly half paid off before we even walked off the lot. We had paid ahead and our receipt gave a date as to when our next payment was due. We continued to make payments so that if something unexpected came up we would have a buffer.
As life would have it, something did come up and we were unable to make our regular payment. With no notice, one day a guy shows up at our door to repossess the van.
He said that if we gave him the keys it would be less to get the vehicle back. Since I thought we were paid ahead, I called the company. They indicated that we were 55 days behind.
Wanting to get the vehicle back, I agreed to give the keys to the man. This was a mistake. NEVER GIVE THE KEYS TO SOMEONE WHO IS REPOSSESSING A VEHICLE.
The company told us we had ten days to pay our back payments. I asked to make arrangements as we would be unable to do it in 10 days. We were turned down flat.
I offered to make smaller payments until the total amount was paid off. Jerry was having no part of it. I asked why the amount was so much more than what our payments were to be.
I was told that for every $80.00 payment we were late on we were being charged a $50.00 late fee. Our contract did not state a late fee amount. When I pointed this out, I was told that if I didn't like it I had to pay the entire vehicle off to get it back.
The ten days came and went. 20 days after it was repossessed someone offered to give us the money to get the vehicle back. I called Rotti Motors and was told that I had had my ten days and now the vehicle was out on the lot to be sold again.
I started looking at Iowa law. The first thing I noticed was that Rotti Motor's contract was in violation of the truth in lending statute. I then found that Iowa law mandates that a consumer is given 20 days in which to redeem the property.
I contacted Legal Aid as I can not afford to hire an attorney. Upon Legal Aid's recomendation, I filed a small claims suit against the company.
During the court appearance Jerry Irvine (the owner), and his sister, Cindy Clancy (the bookkeeper) appeared on behalf of Rotti Motors. Mr. Irvine lied about nearly everything. The only things that came out of his mouth that were true were that we purchased a vehicle and that I called the business on the day it was repossessed.
Mr. Irvine and Mrs. Clancy stated that they had tried to work with me and that they had held the van for nearly 60 days for us. Mr. Irvine even went so far as to look me in the eye and lie about a conversation he supposedly had with me.
The good part of this experience is that we did win a judgement for the violation of the truth in lending statute. I would like to warn everyone to be careful when dealing with this company.
I would also urge those who have been victims of this company to do something about it. Part of the reason we were not given a larger judgment is because we are the first to have ever challenged him. Hopefully, in the future, someone will be able to use my case as an example of unethical business practices by Rotti Motors.
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