We bought a 2003 Durango from Cowboy Dodge in February of this year. The deal included a $1000 down payment, which my husband paid in cash, but neglected to get a receipt.
A few weeks later, the dealership called us to say they never got the cash portion of the down payment. We told them the payment had been in cash; they said they would look for it.
They called again, saying they couldn't find it and could we please pay it again. At the time my husband wasn't home, so I said send me a statement so I can see what you're talking about.
They did so and added some extra charge - I told them I wouldn't pay anything until the extra charge was removed. All of this back and forth took place over several weeks because the dealership sent several statements to the wrong address - one or two made it to our house but that's it.
The paperwork on our deal was sloppy at best (wrong addresses, phone numbers, etc.), and I've never heard of a car dealership that lets you leave the lot without paying your down payment. Someone either lost the money or stole it.
Cowboy Dodge sent several statements to us, but at the wrong address. We had several phone conversations in which I tried to explain what had happened (I was not there - my husband had driven for 48 hours straight and could not coherently describe the entire deal to me when he got back).
Nanette Waldo at Cowboy Dodge was extremely rude, called me a liar, threatened me with criminal - not civil - charges, threatened to ruin my husband's excellent credit rating, and said we fraudulently filled out paperwork and couldn't be trusted.
She sent a certified letter to us in mid-October, insulting us and demanding payment within 30 days or she would sue. I consulted my attorney at this point, who suggested we split the amount since we had no proof of payment, and Cowboy Dodge had no proof of non-payment. When I suggested this to Ms. Waldo, she refused. I said I had to speak further with my attorney to decide what we were going to do.instead of waiting the prescribed 30 days, she filed a lawsuit the next day. Knowing what I know of the civil justice system, this paperwork must have already been prepared in advance, so it's reasonable to assume Ms. Waldo had no intention of waiting the 30 days.
My attorney then said that unless we really wanted a court battle that neither side could be assured of winning, we should just pay the $1000 again and chalk up the additional cost to learning our lesson to always get a receipt. We did so, and the check cleared my bank on October 29. I informed Cowboy Dodge of this, expecting they would then withdraw their lawsuit. Ms. Waldo refused, saying she wanted to be sure the check cleared and that she wouldn't withdraw paperwork until late November. Conveniently for her, this would be after the deadline for my legal response had passed, essentially giving Cowboy Dodge a default judgment if I waited for the withdrawal rather than actively defending myself. This, I will not do.
I have since spoken with Cowboy Dodge two more times, and they have refused to withdraw their lawsuit, saying they have yet to receive the money. My bank is now involved trying to assure Cowboy Dodge that the money has been sent.
The issue is multi-facted:
-Requiring another down payment because they lost the first. Our mistake was in not getting the receipt, and we're willing to accept responsibility for that.
-Extremely rude and insulting treatment of a customer. This is a business disagreement, with mistakes on both sides - Cowboy Dodge's paperwork is suspect at best. Both Waldo and Dennis Cauley have repeatedly interrupted me, cut me off and insulted me. They have refused to even provide any kind of reasonable documentation of bank routing numbers, etc. So I can track down my payment.
-Waldo violated consumer credit legislation by threatening me with criminal charges and arrest, not honoring the 30-day deadline in which to pay, and threatening my credit rating.
As a five-star Dodge dealership, this company ought to know better. I was willing to pay (and have done so already) another $1000. I can easily afford it, and I consider it a lesson learned about getting receipts.
What I am NOT willing to accept is the rude, insulting behavior toward a customer. Both sides have made mistakes, here. It's entirely possible that they either lost the money or someone stole it. They should accept responsibility for their mistakes and at least be civil to someone who purchased a car for more than $40,000 dollars.
I have tried to get documentation from Cowboy Dodge that the lawsuit has been stopped. They've refused. They offered to send me a "Hold Statement" saying we were not to be served with papers, but they only offered that after I'd informed them we'd already been served - in other words, worthless paperwork.
They've offered no assurance whatsoever that they are dropping this lawsuit without prejudice, though I have repeatedly asked them to do so. They seem to want their pound of flesh. If I have to respond to this lawsuit to protect myself, I will be filing a countersuit.
I would really like to avoid all of this - we made a mistake by not getting the receipt. I'm willing to accept that and move on. I don't want to spend time or money on a lawsuit - it doesn't do anything except make lawyers rich. But unless Cowboy Dodge sends me documentation (from the Court Clerk) that the lawsuit has been dropped without prejudice, I will have no alternative but to defend myself, and in so doing, file a countersuit.
As Cowboy Dodge has been unresponsive at best (including hanging up on me, interrupting me and not letting me finish a single question), I am appealing to Dodge to at least exert some pressure on the dealership to send me the documentation that the lawsuit has been dropped. They have their money, I've learned my lesson about receipts. That should be it. Unfortunately, Ms. Waldo (and now Mr. Cauley) seem to have decided to make this a personal vendetta - which has no place in business.
I am planning to file multiple complaints (service, consumer credit violations, business practices, etc.) with the Better Business Bureau, as well as other consumer organizations.
Again, the issue isn't the $1000 as much as it is the treatment and handling of the disagreement. I'm willing to accept my responsibility for not getting a receipt. I am not willing to accept rude, unlawful behavior from someone who should be treating me as a customer.
I understand that customer satisfaction is a key component of attaining five-start dealership status. If this is the way Cowboy Dodge treats all of its customers with whom it has a disagreement, there's a big issue.
Below is the text of an online complaint I filed today with Dodge - I will be following up with another complaint tomorrow, documenting the rude treatment of my banker when she called to confirm receipt of her fax (showing proof you have deposited our check) and requesting written confirmation that the funds have been deposited in the correct account for Cowboy Dodge.
Such a request is entirely reasonable and should have been dealt with quickly and courteously.instead Ms. Waldo initially refused to speak with her. When my banker called back, Ms. Waldo was rude and disrespectful, and said she didn't "have time" to provide the documentation my banker very politely requested and refused to give her any further information.
My banker took extensive notes and is more than willing to provide them as documentation that, once again, Ms. Waldo has decided to use her position of authority to conduct a personal vendetta that has now been extended to an innocent third party. This isn't necessary, nor is it professional or ethical - which is why I'm now filing complaints.
Out of my sense of fair play, I will continue to provide you with copies of each complaint as they are filed.
Incidentally, I have yet to receive the fax I was promised today, apprising me of the "hold statement" for process serving and the conversation Mr. Cauley was to have had with his banker about the missing funds. And hopefully, Ms. Waldo has informed Mr. Cauley that Cowboy Dodge has, indeed, received its funds, since he said earlier today that Cowboy Dodge didn't have the money.
I am requesting one more time: since you now know you have received another $1000 from us, please send to me written, verifiable confirmation that the lawsuit has been withdrawn - without prejudice. I have no wish to engage an attorney, but I will not hesitate to do so, if I do not have this within two days.
We obviously do not trust each other - I have provided proof of payment; I now require proof of withdrawal of the lawsuit - without prejudice. This must be an official document, filed with the court clerk. If you are withdrawing the lawsuit in good faith, this shouldn't be a problem.
Robin
kent, Washington
U.S.A.
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