I purchased a black 1998 BMW 323 i. S, 2dr Coupe on 10/20/06 from Daylight Motors, Inc. Located at 1355 North 11th Street, Beaumont, Texas. I am filing a complaint against Daylight Motors, Inc. For the following reason (s): Breach of Contract, Wrongful Repossession, No Notice of Sale, Wrecked Vehicle.
1. Daylight Motors did not fix things on the BMW upon agreement before purchase of vehicle: fog light, brake system, passenger window, etc
2. The BMW was repossessed and sold which was a direct breach of a verbal agreement between me and Daylight Motors, in which I have written proof (see explanation below) that the verbal agreement was in place. I was also never notified of the vehicle being re-sold.
3. I was not told the BMW had been wrecked (and still was never told).
Date of Occurrence-02/20/07
Explanation (Reason for complaint):
On 10/20/06 Eddie Howard, Daylight Motors employee/car salesman, verbally committed to have some things fixed on the BMW 3 series I was purchasing from him/the company that day. My mother and I were both present during this conversation with Eddie and agreed that these things needed to be fixed on the vehicle. I had made several attempts to leave my car with Daylight Motors to have these things repaired but was told he didn't know when he'd be able to get to it. I did not end up leaving my vehicle. I could not be without my car for an undetermined amount of time since it would have affected my work schedule, etc I mailed a letter to Daylight Motors dated 12/16/06letting them know what issues I was having with my car and that I expected them to fix the problems with this vehicle as promised. I never received a response nor did they make any attempt to hold up to their initial agreement.
My payment arrangements for this vehicle were: monthly $324.00, an additional DEFERRED down payment of $1000.00 to be paid in increments, $500.00 at the end of November and another $500.00 at the end of January. I agreed to do so along with my monthly car payments.in November I made a partial payment of $200.00 towards my deferred down payment leaving a balance of $300.00 due on the down payment. I paid my November and December car note payment on time leaving ONLY the $300.00 as a past due amount on the car.in January I went to jail in Dallas County for approximately 21 days. During this time Daylight Motors went to the Dallas County Impound and had my car towed back to Beaumont, Texas. I got out of jail January 26. I received a letter from Daylight Motors stating I had 10 days (until January 13) to pay the remaining balance of payments past due (my Jan payment was due while I was in jail). I went to Daylight Motors that Monday after I was released which was January 28 to get my belongings out of the vehicle and to talk to them about making arrangements to get my car. I was allowed to get my things from the car and was told I had to pay the whole amount that was now past due plus the inpound/towing fee before he would release it to me. AFTER our verbal agreement was in place I went back approximately 2-3 days later and paid them $260.00 as a partial payment towards the past due balance I owed. About a week later I went back to Daylight Motors with my mother. She wanted to talk to Eddie Howard and see if she could talk him into maybe letting me pay the past due balance in payments so that I could have a way back and forth to work. My car was on the lot at this time and I sat in it until my mother was ready to go. Unfortunately he had said he could not release my car until I paid the past due balance in full as we had discussed the week before. My car note was coming up again Feb 19 so I knew I had to make sure and pay that so there were no late charges incurred to add to the already past due amount. That date was Presidents Day so the banks were closed. I went the very next day, Feb 20, to make a $330.00 payment and told them I had to go and pick up another $300.00 in which I would bring back to make another partial payment towards my car. I was told that was fine and given a receipt. Upon my return with the $300.00 I was told by Eddie Howard that my prior payment of $330.00 should not have been taken and that the employee "just must not have known better." He gave me my money back with a receipt and said "the car is no longer yours." I was completely shocked and upset over this. I tried to have him explain why he made that decision in a 2 week span, without letting me know, after we had already agreed that I would make payments and the car would remain on the lot as long as I continued to make payments. Eddie told me that when my mom came in to speak with him he told her he had to have the full past due balance before he would allow me to drive it off the lot again. He told me she said she couldn't pay that whole amount in which he decided then (without telling her or myself) to prepare the car for resale. I explained to him that he was wrong in doing any of this and that he already knew beforehand that I couldn't pay the full amount or I would have paid it and gotten my car already. He refused to answer any more questions and I left VERY UPSET!
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