First I want to say that there is a lot of information in this report. But it may help (I hope it does) many other consumers in this situation or possibly getting into this type of situation at all! I encourge you to read this.
This nightmare started with the story that you can view at the URL below that you can copy and paste or search Midway Chevrolet on usacomplaints.com.Com search engine. Please keep in mind that since my first complaint I have found many different interest rates and loan amounts, so my Report was not as accurate as the last few have been and the recent e-mails (that I will copy and paste for you below) will show. I have copies of the credit application that was sent to the bank, including the copies that the bank and dealer doesn't want the consumer to see.
Http://usacomplaints.com/reports/0/418/RipOff0418033.htm
I added an update to Midway Chevrolet complaint that Huntington Bank may do the right thing, that was March 25.
To date the situation is that Huntington Bank and Jackie Yochus their Fraud Investigator want me to bring the car back to the dealership that submitted a fraudulent credit application and they are making me feel like they are doing me a favor!
Johhny Bhatt at Midway and Jackie Yochus expect me to drop this car off that we owe $28,108.00 and expect us to do that with absolutely nothing in writing for me that states the dealership is paying the full amount of the loan back if this car is returned to them, and that we will be relinquished from this loan.
If you read the original complaint Midway also got greedy and submitted three checks totaling $1500.00 to eService incorporated a collection agency, because those checks bounced! Why did they? Because they were supposed to be ripped up by the dealer and they didn't. So now they are after us for that also.
I am bringing that up because I also asked the dealership to have them send in writing that they told eService we do not owe that money any longer when the car is returned.
The third thing I asked for is my payments back. Everyone wants something and they will not give me anything, but we should just bring the vehicle back (because there was no wrong doing on the banks part or Midway, YA OK) and be expected to get not one thing, not one, in writing! That is all I asked for after 6 months of pure torture with these people!
Here are the last two E-mails below:
Jackie,
With all due respect, I am in a very difficult spot right now because I am finding it hard to trust anyone. I can not understand why last week when I stated that "The car will be in the driveway and the keys will be in it" you said what would have to happen to make me happy and will end this mess. Well I asked for a few things. One being a letter from Midway that they will stop this E-Service collection. Two being both of my payments back and three another letter from Midway that will relinquish my mom from this car loan if I return the car to them and they will pay the bank in full. It is absolutely absurd to think I would do this without it in writing.
I have not received one thing that I have requested and after six months of torture everyday and the time I have invested, literally months of my life trying to get this taken care of. Hours of phone calls and trips to the dealership that is 50 miles from my home.in the midst of this, my own life has been put on hold and helping the police solve my husbands murder has been on the back burner because it is impossible to do both. Everyone is acting as though we were the criminals!
I did not ask Midway to make a fraudulent credit application and send it to the bank. Why is it that anyone would expect me, after all I have been through, to bring that car back and drop it off to Midway at the banks request with no guarantee whatsoever, when not even one (not one) thing that I have asked for is being done? What we have asked for isn't much, considering the nightmare we have endured. I have to TRUST the dealership and the bank that everything is going to workout? In the mean time, nobody wants to give me anything in writing and that only leads me to believe that this is not going to end up being a good thing for my mom and I anyway. Then in the long run we will be in court fighting to fix her credit with no proof and it will be destroyed anyway, but yet the bank and the dealership come out smelling like a rose, because I returned the car! No way, I will not be taken for a fool, not this time! Every single person we have talked to said DO NOT TRUST THEM get it in writing. I can not leave a vehicle with them and not have anything at all saying the $28000.00 is being paid off? Is that because its not and nobody wants to break that to us until I drop off the car?
Many things are not adding up and don't make any sense at all, and if it doesn't make sense, its not true!
My mom and I spoke about this and the conclusion we have, is that if returning the car to the dealership is hurting her credit anyway, then maybe it is better that the bank just come to pick it up and if we have to fight this one way or the other, then we will take the chance that we do in fact, have enough information from the credit application alone and we will just pursue another avenue.
I do trust you but you are not here. I also know that you are an intelligent woman and I do not believe that in the line of business that you are in, you would ever do what I am being asked to do, with not a single thing in writing. I have such a bad feeling about doing this with the dealership. Why is it that I am the only one making more sacrifices? I do not think that what I have asked for is much, considering what has been done and is still being done to us.
There has to be a reason that nobody is willing to put this in writing. I believe that there is a lot more going on than I am being told. If I we were to have to go to court about anything regarding this to clear my moms name, we will have no proof at all to prove that I was told to do this, and that this it is not a repossessed car. We did not sign up for a $480.00 a month car payment that we couldn't afford. I gave up my Lexus for a payment close to my car for another car that was years newer. The dealership lied to you and said that it was my moms car that was traded and that was the reason I faxed you my registration. That is more proof they lied to you. I also recall our conversation about the Lo jack we paid a fortune for and do not have in the car. The two different dates on the credit application and the two different interest rates. I believe I have enough to take my chances, unless I can get this in writing.
The dealership got everything in writing before they processed the car loan and when they didn't, they committed fraud "NOT ME" and now I need everything in writing as well. I have no clue as to what the dealership will do when I return this car. I am not going to allow them to do something else to me. I gave them the opportunity to do the right thing in the beginning and they stole the paper work from me and basically told me to screw myself, and you want me to trust them? I am sorry, but I can't.
Kelly Blue Book value on this car is $15,385 in excellent condition, and that is retail value, big difference in what I owe. I know a repossession isn't in the banks best interest. The other reason for taking this deal in the beginning was that even with my Lexus being paid off I wouldn't be upside down in this car loan, or at least not too upside down.
I want to know why the credit application says certain things and I will list them in order.
1. Why does the purchase price on one page (not signed by my mom) says $16731.00 and on the page she actually signed it said $13995.00?
2. Why does one page say the interest rate is 10.75%, and on the other it says 8.25%?
3. Why is the warranty $2780.00 when they told us it was $1500.00?
4. Why does the credit application say gross cap $24533.00 but the contract they sent to you dated November 25 says it is $28,108.00?
5. Why is it OK that they put my mom as retired collecting $2750.00 monthly (you know was a lie because we faxed the correct amount) and then on a different section it says she has worked for the same company for the last six years and makes $3860.00 monthly but they do not list an employer or a phone number? The bank should have caught that and called and confirmed her income and asked who that employer was, because if they had, we wouldn't be sitting here right now going through all of this. I used to work for a bank and I know the proper protocol? So please explain this to me.
6. Why is it OK for moms signature on the credit application is the only one dated the 23rd of November but all the rest is dated November 25th?
In addition to that the one she signed was clearly printed on November 2 and the rest of the credit application they sent you were clearly printed on November 30?
I just turned forty years old and for the first time in my life since I was 17, I do not own a car and have no way to purchase one and have no trade in to bargain with either. I understand I have no payment but that is ridiculous to say because I need a car! That is why I need those two payments back as well.
The bottom line is that I need everything in writing, how do I know if Midway doesn't pay all the money back and this deal is " not really being undone" so to speak, then how can I be sure that the difference of what Midway possibly doesn't pay to the bank, will have to be paid by us in the end anyway? I feel at this point Huntington is being just as bad as the dealership and I can not understand why I should trust anyone at this point. I am going to say this once more. I haven't asked for much!
I just do not understand why nobody can be honest. Please let me know if I can get something that I have asked for and I will gladly drop the car off and I know, that you know, I need this to end for just my sanity alone, so the sooner the better for all of us involved.
Sincerely,
Consumer Fraud Lawsuit
Consumer Fraud and Common Legal Success
There are instances of consumer fraud that has been found to be more common. These consumer fraud crimes have led to large recoveries.
Violation of federal law exists when car dealers pull credit reports when a consumer has not even entered the show room. Violations also exist when creditors report inaccurate information after the consumer has complained to a reporting agency.
Dealers are allowed to hike up interest rates by the auto lenders on the rates that the lenders quote. The dealers are sometimes allowed to keep a percentage or amount of the difference, and many auto lenders are being sued as it has affected many and is a violation of the Equal Credit Opportunity Act.
Warning Signs of Predatory Lending
Although these warning signs do not positively mean that you have been a victim or predatory lending it can be a good indicator that you are being misled. A reputable lender does not endorse or practice predatory lending practices.By better educating yourself about your consumer rights can help you identify and choose a knowledgeable and trustworthy lender.
MULTIPLE REFINANCING If you have refinanced your loan multiple times and increased your monthly payment and/or total amount you owe each time.
UNEXPECTED PAYMENTS The amount of the monthly payments on the loan are higher than you were expecting.
NOT SIGNING If signing forms the lender altered your information or asked you to leave signature lines blank.
CHANGING RATES Your documents show that you have two different interest rate calculations.
FALSE INFO The lender encourages false information be put on the loan application.
INFO MISSING Certain information is missing in your loan file.
CREDIT INSURANCE You had to buy credit insurance.
SETTLEMENT COSTS Costs appear at the settlement that had not previously been explained they would be present before settling.
HIGH LOAN AMOUNTS Your loan amount on the loan you have is higher than expected.
Jackie Yochus Huntington Bank:
With some of my own investigating I came across signs of predatory lending, and I believe that Page one of the fax we received on March 9, (you can also view the attachment I have added to this e-mail so you can see what I see) shows clearly that there is something is going on here. The gross amount financed is $24,533.00 @ 10.75%. The rest of the credit application that was altered and forged says the interest rate is 8,25% and the total gross amount also being $24,533.00. I also have documents from the 23rd of November stating the interest rate @ 7% and the total loan $21,946.00 The end result wasn't the 8,25% @ $24,533.00 or the 7% @ $21,946.00. It was 10.75% and $28,108.00. Is this because the bank and the dealership split the profit between the two interest rates like it says above, and consumers don't know about this until they get their payment books? I have a feeling I am not too far off from the real truth!
There may be two out of the nine listed above that do not pertain to us. I am sure you can fill in the blanks and see the ones I am comparing this to. Sounds like predatory lending to me.
If I paid $13999.00 for that car and they added on my entire loan for my Lexus and they gave me nothing for my car at all. It would still only be $27,000.00. That means that on top of everything else they stole my car too! A car that I made payments on for four years and got nothing, zero in return and the bank was told it was my moms trade and that she worked six years for a company making $3860.00 but there is no employer listed or a phone number to confirm that. That is Huntington's fault that they did not confirm her employment! I worked for a bank and if I sent something like this through with out verifying employment, (like any loan department should always do at a bank) then I would have been fired. If Huntington verified her employment we would not be sitting here discussing any of this at all!
What is also disturbing is that your own notice to the dealer states that if any change to the approved loan financing parameters (collateral, amount approved or contract term etc... Must be resubmitted for re approval. We would also like to see the resubmitted credit application that my mother signed, stating that the loan amount changed to $28,108.00 from the $24,533.00 both are not the correct amounts anyway.
The list just keeps getting longer and longer! What would you do in my situation? Again, is it all worth not giving it to me in writing, what the dealer and the banks intentions are?
Sincerely,
I will continue to post updates on usacomplaints.com for both Huntington Bank and and Midway Chevrolet on Bell road in Phoenix Arizona!
Jackie Yochus
Fraud Investigator
The Huntington National Bank
614-480-2395, Fax 877-692-5379
2361 Morse Rd NC2W21
Columbus, Ohio 43229
Johnny Bhatt
Controller
Midway Chevrolet
2323 W. Bell Rd.
Phoenix, AZ85023
Direct line:
602-760-3451
or toll free @
1-866-757-9348
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