Barbara Taylor vs United Hyundai Dealership (Filed In Federal Court)
Exhibit a:
I Barbara Taylor being of sound mind and body, in addition to being a seventy
seven year old senior citizen and a resident of Las Vegas, Nevada swear to the truth, the whole truth, nothing but the truth and I pray for the court to provide immediate relief. I request a trial by jury in the following communication regarding a Motor Vehicle Transaction with United Hyundai Dealership (UHD) located at 2025 East Sahara Avenue, Las Vegas, Nevada 89104.
(1) I was discriminated against subject to my age, with regards to Age Discrimination in Consumer Finance Markets. FEDERAL CONSUMER CREDIT LAWS PROTECT RETIREES against high pressure dealership sales tactics which I endured over a period of six to seven hours at the (UHD) in response to an advertising promotion mailed to me at my resident. I experienced elderly predatory practices after the (UHD) reviewed my financial credit report status.
(2) I was exposed to fraudulent document manipulation (in which I have documented evidence that will prove this as fact).
(3) I was discriminated against by the (UHD) on the grounds of my gender being a women.
Goods or services that are available to the public must be provided in a way that does not discriminate unfairly on the grounds of gender.
(UHD) refused to yield to my verbal request to leave their property and go home.
(UHD) provided me with a lower standard of service.
(UHD) provided me with a service on worse terms.
(4) I was discriminated against because of my race (black) and my age (seventy - seven years old). Elderly consumers are targets and they are often considered easy marks. Predators preying upon easy prey like the poor, minority groups, the uneducated and specifically blacks like me. National stats, alone with other compiled data and proven investigations show that blacks with the same and / or better credit profile as whites and others are given higher interest rates than others.
Barbara Taylor vs United Hyundai Dealership
On 6-19 the (UHD) offered me a rate of 8% interest annually for a 72 month term on a car loan; even though I have an excellent credit history and I deserved a better rate. This was discrimination based on my race.
(5) I was subjected to unfair truth in lending practices with regards to contract manipulation after the fact, which may constitute and / or warrant a further Class Action Lawsuit as these same fraudulent manipulation practices my well have been perpetrated on other women, the elderly, minority groups and / or unsuspecting consumers.
(6) Car Theft by Deception when it was the strategy and intention of the (UHD) to sell me a new car and take possession of my car. The (UHD) representative Mr. Marcus Soup Jones requested and was given the car keys to my 2002 Daewoo Leganza upon my arrival at the (UHD). When I asked for my car keys back to leave the property and go home prior to signing any Sales Agreement the (UHD) representatives Mr. Marcus Soup Jones, Mr. Trenton Blanton and Mr. Cory Schultheis all refused my request and continued to pressure me with regards to discussing the purchase of a new car. I was driven home in the new car by Mr. Blanton a (UHD) sales representative and once there I released my car title to Mr. Blanton as instructed to do so.
On 6-19 I responded to an advertisement with regards to a $200 Gift of Gas Survey Promotion offer sponsored by the (UHD). I personally went to the dealership alone to inquire about the $200 Gift of Gas Survey Promotion after first talking with Mr. Trenton Blanton by phone. He represented himself as an (UHD) sales representative. Upon my arrival at the (UHD) Mr. Blanton stated he was busy and another unidentified (UHD) sales representative approached me and stated that he was going to get me into a car.
The unidentified sales representative then requested that I hand him my Driver License which I did so. I was given no reason for the request. He then introduced me to Mr. Cory Schultheis. I explained to Mr. Schultheis that I had no interest in buying a new and / or used vehicle, nor could I afford one at this time. I came to the (UHD) for the sole purpose of receiving additional information regarding the $200 Gift of Gas Survey Promotion. Furthermore, I stated that I would have to discuss any and all business transactions with my brother Mr. Floyd Harris of San Diego, CA. For his approval with regards to any large purchases that I made.
Barbara Taylor vs United Hyundai Dealership
Mr. Schultheis explained to me that to qualify for the (UHD) Gift of Gas Survey Promotion I must have a willingness to test drive one of their vehicles (which I did agree to do). Mr. Schultheis then took me out on the (UHD) lot and let me test drive a 2006 Hyundai. Im unsure of what the exact model of the car was.
I was then escorted back to the show room floor and the unidentified (UHD) sales representative requested that I complete a Vehicle Agreement Application (VAA) as I understood it to be; with the understanding that the agreement was needed with regards to processing the $200 Gift of Gas Survey Promotion. Again I asked Mr. Schultheis would I be under any personal obligation and / or be held liable with regards to purchasing a used and / or new vehicle.
Mr. Schultheis again stated that I was under no obligation what so ever. Mr. Schulteis then took me back to the (UHD) lot and he then had me test drive a new Hyundai Accent GLS 4 Door White 2008 Vehicle; in which I did test drive the vehicle.
After completing the (VAA) documents, the unidentified (UHD) sales representative then introduced me to another (UHD) sales representative whose name was Mr. Marcus Soup Jones the BDC / Fleet Manager as it was indicated on his business card. I was then lead to another desk within the show room area. There Mr. Marcus Soup Jones reviewed the (VAA) document which I completed and he then asked me what type of vehicle did I personally own and drive to the (UHD). I told Mr. Jones that I owned a 2002 Daewoo Leganza.
Mr. Jones asked me did I have a Clear Bill of Sale and / or the Title to my car. I stated Yes. He requested my car key at this point and stated that he would like to look the car over. I agreed to his request.
Mr. Marcus Soup Jones asked me did I bring my car title with me. I stated that I had no reason to bring my car title to the (UHD) because I had no interest in purchasing a vehicle at this time, nor could I afford to purchase one. I stated that I came to inquire about the $200 Gift of Gas Survey Promotion. I explained that I received a Gift of Gas Survey Promotional document in the mail and that I presented the document to a sales representative upon my arrival at the (UHD).
Another unidentified (UHD) sales representative, whose name escapes me entered the area and proceeded to discuss the advantages of owning a new car. I again expressed to the gentlemen present that I had no interest in purchasing a new car.
Barbara Taylor vs United Hyundai Dealership
I was later lead out of the showroom area to another office and introduced to Mr. Bob Rasgaipis. Mr. Jones explained that Mr. Rasgaipis was the (Finance Manager).
At this point I had spoken to no less then six (6) different (UHD) representatives.
They all were men. The (VAA) documents were reviewed again several times with me by Mr. Rasgaipis (Finance Manager) regarding the correctness of my information. I then signed and initialed the documents also, as he requested.
I had explained to the (UHD) representatives several times that any financial purchases that I considered would first have to be discussed with my brother Mr. Floyd Harris of San Diego CA. I explained this more than once to the (UHD) representatives, independently of one another and together. I recall explaining this fact to Mr. Rasgaipis, Mr. Jones, Mr. Blanton and three other unidentified gentlemen whom I cant recall their names.
The (UHD) unidentified sales representatives provided his cell phone for me to call my brother. I placed a call to San Diego, CA to my brother and there was no answer. I also tried calling my son Larry Bussey (who lives in Las Vegas) to request that he come down to the (UHD). I did not reach him either.
As Mr. Rasgaipis continued to discuss my finances, I looked at my watch and realized that I had arrived at the (UHD) at approx. 12:05 P.M. And I had been at the (UHD) now for at least six to seven hours. I informed the (UHD) representatives who were gathered in the office that I was tired, hungry, wanting to go home and I was unwilling to discuss these car matters any further.
Mr. Blanton suggested that he would escort me home to retrieve my car title. I stated that I could not assure him that I would be able to find the car title upon such a short notice and I could bring my car title back to the (UHD) myself.
I again asked Mr. Rasgaipis, could I have the $200 Gift of Gas Survey Promotion information so I could leave. I also asked could I have my car keys back. Mr. Rasgaipis indicated that I would be penalized in the amount of $500 if I made the new car purchase and failed to provide my car title as part of the transaction. He stated my car would be used as a (trade in) with a value of $500 dollars.
Barbara Taylor vs United Hyundai Dealership
Mr. Blanton requested to see my insurance card at that point and he provided a phone for me to call my car insurance provider to request additional coverage on the new car. Wanting to go home, I made the call and Mr. Blanton spoke with my insurance agent. Mr. Blanton said he needed me to sign an insurance document for my protection when I drive the new car home.
I then asked Mr. Blanton. Why would I need any additional insurance protection when I have no interest in purchasing a new and / or used vehicle? I adamantly told Mr. Blanton that I would not be driving a new car home.
Mr. Rasgaipis stated that in the event that I would change my mind about purchasing the new car, all the necessary financial documents would in order, completed, signed, processed and the transaction would be approved immediately without delay. Mr. Jones again stated I was under no obligation in any regard to buying and / or returning the new car.
In collusion together Mr. Jones and Mr. Rasgaipis presented me with a (UHD Due Bill) document. Both gentlemen verbally described the document as being my guarantee that I could return the new car on and / or before 6-27 without any obligations what so ever.
Mr. Rasgaipis signed the (UHD Due Bill) document and then presented it to me for signing (which I did sign at his request). I wanted to go home, so I was complying and cooperating with the gentleman. During later discussions with my son it was noted that the (UHD Due Bill) document was fraudulently administered to me for signing by Mr. Rasgaipis.
I informed Mr. Rasgaipis, Mr. Jones and Br. Blanton that my brother would not fine such an arrangement (being driven home) acceptable and I would prefer to drive my own vehicle home. I again continued to inquire about additional information regarding the $200 Gift of Gas Survey Promotion. I also requested the return of my car keys and my driver license. I was told not to worry by Mr. Rasgaipis, he said I would be receiving the Gas Survey Gift before I left and he then returned my driver license at this time.
Again, I informed the group that I had no interest in purchasing a new car from (UHD). Mr. Jones stated that my car would remain at the (UHD) and it would be placed in safe keeping for me until such time that I returned to the (UHD) with the new car.
Barbara Taylor vs United Hyundai Dealership
After discussing my displeasure about making any arrangements without first talking with my brother. I was then pressured and persuaded to follow the instructions of the (UHD) representatives (which I did because I wanted to go home). I was never provided with any additional information regarding the $200 Gift of Gas Survey Promotion as promised by Mr. Rasgaipis.
Mr. Blanton drove me home in the new vehicle. He suggested that I drive the vehicle and I flatly refused to do so. He parked the vehicle in my garage, leaving the key in the ignition switch and then he proceeded to enter my house with me and observed me as I rambled through my safe looking for my car title.
After finding my car title and giving it to Mr. Blanton, as the (UHD) representatives requested. I then observed that there was another car occupied by a female whom Mr. Blanton introduced as being his girlfriend. Mr. Blanton drove away with my car title and he left the new car still parked in my garage. My neighbor across the way had been observing my arrival home in the new car and came over to view and inquire about the new car, as Mr. Blanton and his girlfriend drove away. I further explained the circumstances regarding the new car in detail to my neighbor.
After reaching my brother and my son on 6-19 late that same night. I explained my complete days encounter with the (UHD) representatives. My brother became very upset with me and told me to have my son to take the new car back to the (UHD) as soon as it opened the next morning which would have been on 6-20.
My brother advised me that I should also contact an attorney because the (UHD) in collusion with it sales representatives had taken advantage of me with their high pressure sales tactics and unreasonably pressured me into buying a new car without my knowledge.
I then became immediately ill, thinking that I was in trouble and now I would be without transportation because I had given my car away to the (UHD) not wanting to be penalized and fined $500 dollars as Mr. Rasgaipis indicated if I did not produce my car title. My next thought was. How was I going to afford to pay for the new car that Mr. Blanton left parked in my garage?
Now, feeling very embarrassed and stupid. I made additional calls to other family members. My daughter, my sister, my niece and others. Praying that someone would help me get out of this bad situation I now found myself in because I did not realize that I had purchased a new car.
Barbara Taylor vs United Hyundai Dealership
My family continued calling back throughout the night, asking me why I signed the agreement on my own without discussing the matter with family first. I cried all night, I walked the floor and never sleep.
The following morning 6-20 I immediately contacted a lawyer through AARP
Who reviewed the Sales Agreement my son faxed to him and I explained the scum - stances and he discussed options with me regarding the matter of the new car.
The attorney suggested two options.
(1) Send a letter to the United Hyundi Dealership explaining that I wish to decline the new vehicle purchase agreement and cancel the transaction.
(2) Return the car to the (UHD) and renegotiate a new sales agreement in the event that the (UHD) chooses to issue a repossession notice of default for not making a car payment after the 1st thirty days of the contract. The attorney stated that If that happens (repossession notice of default) I would then be in jeopardy of my credit being destroyed and losing my personal car to the (UHD) based upon the Sales Agreement that I signed on 6-19.
My family and I discussed both options and came to agree that option (2) would be the best option and I could then revisit the matter with an attorney for some kind of court relief. My son Larry Bussey and his fiance Mary Foltz agreed to purchase my car once it was released from the (UHD). I could then pay for attorney fees and have the monies to make the new car payments until such time that I could retain an attorney and ask for court relief. I further discussed my concern that I would have an additional expense for a full coverage insurance policy on the new car. I only carried limited labiality insurance coverage on my 2002 Daewoo Leganza.
On 6-20-008 my son Larry accompanied by his fiance Mary drove the new car back to the dealership. I was a passenger in the back seat and I was still afraid to return to the (UHD). With the support of my son and his fiance together we went to the office of Mr. Rasgaipis (Finance Manager) and discussed all the prior events and my confusion with regards to the signing of the initial Vehicle Agreement Application (VAA) dated 6-19 as I understood it to be.
Mr. Rasgaipis questioned. Why was my son Larry and his fiance Mary there interfering and speaking in my behalf when I had already entered into a signed Sales Agreement with (UHD) on 6-19? Mr. Rasgaipis stated. The terms and conditions were explained to me in detail with regards to the purchase of the new car. Mary informed Mr. Rasgaipis that both she and my son were there at my request for support and assistance with regards to the matter at hand.
Barbara Taylor vs United Hyundai Dealership
My son and his fiance Mary expressed their concern with the 6-19 Sales Agreement that stated I would be charged an 8% annual interest rate when I have an excellent credit history. My son requested that (UHD) exclude my car (2002 Daewoo Leganza) from being apart of any trade in agreement.
Mary questioned why the 6-19 Sales Agreement stated there was an $800 dollar pay off balance in the Sales Agreement when I told Mr. Rasgaipi that my car was paid for. Mary also took issue with Mr. Rasgaipi when (UHD) in fact was in procession of my keys and they had the title that indicated the car was paid off. Mary further questioned the Sales Agreement stating that there was a Net Trade-In Allowance of $ -300.00. Mr. Rasgaipis could not adequately explain these itemized figures that were apart of the Sales Agreement to our satisfaction.
Mary and my son also questioned the fact that it appeared that the $1500 rebate incentive was added into the total sale price of the car. (unpaid balance 18,779.57) mr. Rasgaipis finance manager (double talked) and
could not explain this figure to our satisfaction.
Larry stated his concern that Mr. Jones had taken my car key and did not return it upon my request. Larry asked. Why didnt Mr. Reshapes and the other (UHD) representatives assist me when I told them on numerous occasions that I wanted to go home? Larry stated that this action (keeping my car key and not returning it at my request amounted to car theft by deception when it was the strategy and intention of the (UHD) to sell me a new car.
With the help and support of my son Larry and his fiance Mary. Mr. Rasgaipis agree to renegotiate the 6-19 Sales Agreement. This was later accomplished, the interest rate was lowered to 5.99% and Mr. Rasgaipis informed us that we had until Tuesday 6-24 to return to the (UHD) and finalize the transaction.
After Mr. Rasgaipis discussed the terms and conditions of the new agreement with Mr. Marcus Soup Jones. Mr. Jones informed us that we could take my car home without conditions.
Mr. Jones statement later proved not to be true, after my son his fiance Mary and I waited approx. 5 hours at the (UHD) requesting the release of my car. After becoming ill and having a prior appointment to travel out of town. My son took me home and he said that he would be returning to the (UHD) to retrieve my car. Mary had remained at the (UHD).
My son communicated to me (by way of cell phone) that upon returning to the (UHD) he complained about the continued wait time, the lack of any considerations and he described being given the run around. My son stated that he approached one of the sales representatives with regards to speaking to the owner and / or the general sales manager of the (UHD).
Barbara Taylor vs United Hyundai Dealership
My son was then directed to Mr. Brian Piatz who represented himself as being the general sales manager of the (UHD). The gentleman stated and I quote Ms. Taylor now owns the new car and her car was a (trade in) which was considered a part of the transaction. The car will not be released from the (UHD). Its a done deal and the matter regarding Ms. Taylors new car purchase will not be discussed any further. After complaining again and disagreeing with Mr. Piatz. My son asked to speak with Mr. Jones and / or Mr. Rasgaipis in regards to the matter.
Mr. Piatz agreed to locate Mr. Jones and Mr. Rasgaipis. My son further communicated to me that Mr. Piatz made a threat to the effect that he would call the Las Vegas Metro Police on my son and his fiance to have them both removed from the UHD (property) if they continued to request the return of my car. Mr. Marcus Soup Jones finally appeared and intervened with the discussions between my son and Mr. Piatz.
My son said that Mr. Jones apologized for the statements that were made by Mr. Piatz. Mr. Jones said that the new arrangements had not yet been discussed and / or reviewed with Mr. Piatz at the time. My son stated that he would accept the apology; but he still felt that he and his fiance were disrespected and publicly embarrassed by the unprofessional actions of Mr. Piatz when he did not have all the true facts.
Mr. Jones at that time said my car could be released with conditions:
(1) The dealership would not be providing the key to my car. Mr. Marcus SoupJones stated the key had been lost by the (UHD) personal.
(2) The title of my car would not be returned also because it could not be located.
I provided a second car key to my son. Mr. Marcus SoupJones and
Mr. Bob Rasgaipis (Finance Manager) then agreed to release my car with the understanding that I return on Tuesday 6-24 to sign the new agreement.
Upon returning to (UHD) on 6-24 and being accompanied by my son. There were several discussions with Mr. Trenton Blanton and Mr. Marcus SoupJones about releasing my car title and locating my car key. Mr. Blanton left the area and later returned with my car title and my key. I informed Mr. Jones that I was still not happy with the interest rate which was renegotiated with Mr. Bob Rasgaipis.
I asked Mr. Marcus Soup Jones could I have the financing placed through my credit union; were I could get a 5% interest rate for the new car loan. Mr. Jones said (UHD) could find a financial institution that would match my credit unions 5% interest rate on the new car. I agreed to the offer and we were then introduced to Mr. Anthony Ledonne a second (Finance Manager).
Barbara Taylor vs United Hyundai Dealership
Mr. Marcus SoupJones produced the renegotiated agreement that was put together by Mr. Bob Rasgais on 6-20 and he said the only change would be the interest rate which now would be set at 5% interest for 60 months and it would be finalized by Mr. Anthony Ledonne (Finance Manager). Both gentlemen, Mr. Jones and Mr. Ledonne continued to ask me for the return of the 6-19 Sales Agreement. They both were told by me and my son that the in question agreement had been destroyed.
After signing the finalized documents I accepted the new car and drove it home.
Once home and while reviewing the 6-24 Sales Agreement documents. I noticed that there was an additional $2,000 Extended Service Agreement Document that I never approved. I immediately called my son in this regard and we both again returned to the (UHD) on 6-25. My son confronted Mr. Ledonne about the additional $2,000 Extended Service Agreement Document and Mr. Ledonne stated that there must have been a misunderstanding.
My son was angered in this regard because Mr. Ledonne stated that If I would purchase the GAP Insurance for $412.00 he would provide me with a Bumper to Bumper 10 Year Extended Service Agreement for FREE. My son informed Mr. Ledonne that he did not agree that there was any such misunderstanding.
In a Business Press article dated April 02 written by Matt Ward. Local Attorney George West III said the argument that dealers can orally agree to provide a "free" service is a fallacy and that not accounting for each item amounts to bank fraud. Nevada's law against deceptive trade practices.
The Business Press article below can be found on the internet:
Http://www.caaaf.net/Press/business-press.html
Barbara Taylor vs United Hyundai Dealership
My son informed Mr. Ledonne that by our account it was very much obvious that the Extended Service Agreement was slipped in by Mr. Ledonne underhandedly, which was intentional on his part without my knowledge, as he discreetly placed the Extended Service Agreement among the finalized documents I was asked to sign.
My son informed Mr. Ledonne that this had been dishonest and possibly fraudulent at most. Mr. Ledonne apologized and stated forth-right that the $2,000 cost had to be added some where. My son then stated that It would not be added to the 6-24 Sales Agreement at my expense, when we were lied to about receiving the Extended Service Agreement for FREE.
My son then demanded a written retraction / cancellation of the Extended Service Agreement. I concur with my son that the Extended Service Agreement document was discreetly placed among the finalized documents I was asked to sign by Mr. Ledonne before leaving the (UHD). My son informed Mr. Ledonne that the additional amount of $2,000 would not be acceptable to me and I agreed.
Mr. Ledonne produced a cancellation document which he signed and stated that the $2,000 fee would be removed by the bank that had the 6-24 Sales Agreement. Mr. Ledonne stated this process would take about 2 to 3 months. Mr. Ledonne said that he was following the correct (UHD) procedure and protocol that would correct the matter. I had no choice at that time but to accept the word of another suspected dishonest (UHD) employee. This was hard to accept knowing quite well that Mr. Ledonne could not be trusted.
Furthermore, it was also noticed that in the 6-24 Sales Agreement that the (term of the loan was now 72 months instead of the agreed 60 months.) After discussing this matter with my son we suspect that more or less, the term of the loan changed from (72 months instead of 60 months) due to the fact that Mr. Ledonne added the $2,000 Extended Service Agreement to the Sales Agreement.
It was further discovered by my son and me that in collusion together Mr. Jones and Mr. Ledonne fraudulently administered to me another (UHD Due Bill) document for signing. This document was dated 6-25 (which I signed).
Barbara Taylor vs United Hyundai Dealership
The products
A Business Press Article by Matt Ward states that Dealerships make a killing not on actual car sales but on the extras they get buyers to agree to:
The Business Press Article below can be found on the internet:
Http://www.caaaf.net/Press/business-press.html
The finance personal at (UHD) both Mr. Rasgais and Mr. Ledonne pressed the sell of extended mechanical warranties, service agreements, GAP insurance etc. After being told several times that I had no interest in paying additional fees for the new car. I had no choice but to agree with the cost ($393.20) for the Desert Protection Package (DPP), the spray that seals a car's undercarriage, paint sealant and Scotchgard fabric protector. Mr. Rasgais explained that this expense was mandatory at (UHD) and we had no right of refusal.
In the end, I can prove a continuation of dishonest sales practices by the (UHD) representatives. Without question the (UHD) finance department represented by Mr. Bob Rasgais and Mr. Anthony Ledonne has a license, with cart blanch authority to illegally utilize unfair, deceptive practices that I found to be unconscionable acts directed on the unsuspecting consumer.
UHD has an flawed agenda, a flawed mission, a flawed business philosophy that allows out of control employees motivated by greed, an unlimited quest to make higher commissions at the expense of the consumer. The (UHD) has no adequate supervision policy that provides employee checks and balances which would help to discourage and stop such illegal practices that show no regard for the general publics interest of fair play in the market place.
1. A realistic article in (Business Press) by Matt Ward highlights the problem of hidden fees at dealerships, trickery and dishonest practices hurting local car buyers here in Las Vegas, Nevada.
2. Local attorney George West III is putting car dealerships on notice: Fully disclose all the items that go into the price of a car — or face a jury.
Barbara Taylor vs United Hyundai Dealership
Five local suits allege pattern of consumer fraud.
Http://www.caaaf.net/Press/business-press.html
After calling the Better Business Bureau on 6-27 I was informed that there were five complaints filed against the (UHD). Two were contractual issues and three were repair issues. The Better Business Bureau stated that the information could not be made available to me as it was considered confidential information.
Without the assistance of my son Larry and his fiance Marys regarding this specific business matter with the (UHD) I would have never endured the ordeal.
Sadly though, the above Business Press article by Mr. Matt Ward does not combat my additional experiences with the (UHD) when it came to the slight of hands, underhanded document manipulation and old fashion trickery.
My son describes the experience in the following quote: (UHD) takes seventy seven year old women for a ride...
Im old enough to remember when customer service was the number #1 priority of most businesses. My experience with the (UHD)) representatives is viewed as being a powerful, controlling, money driven business enterprise, with a pushy atmosphere where aggressive representatives show no mercy (with a smile) to the unsuspecting consumer like me.
Thats the important bottom line, so to speak.
Respectfully,
Barbara
P.S.
If You Need Help With An Automotive Consumer Complaint Contact Below:
CC:
Nevada Car Buyers Bill Of Rights Lobby:
www.nevadacarbuyersbillofrights.info
Director: Larry Bussey
Phone 702-247-7360
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