I signed a consignment contract with Autohut to sell my car, to avoid the hassle of selling it myself. It sold on 08/18; the contract stated I would be paid "upon completion of sale". I was told I would receive payment when the bank sent the money to Autohut within 4 weeks. After the first 4 weeks, I was told that the bank paperwork was filled out in error by Autohut, and would have to be re-sent to get money from the financed sale from the buyer's bank, another 2 or 3 weeks. I waited and heard nothing. On 9/30/10, I contacted Autohut and requested payment for my car. Autohut claimed not to have the money due to slow car sales. Autohut had apparently used my money as a free personal loan at my expense, instead of handing it over to me on completion of sale as in the contract. I mentioned I would seek an attorney's advice on other options I may take and get back with him. That day he deposited $8000 of the $16900 owed me.instead I decided to be patient, so again on 10/30/10, I visited Autohut to request payment, and I got a $2000 check. On 12/9/10 I again visited and was paid $900. On 12/22/10 I issued a final request by letter emailed to Autohut. I demanded payment of the remaining $6000 by 12/24/10 or I would have to file a small claims suit for $6000 owed plus 8% interest and fees. Autohut begged me to give them until 12/31/10 to sell some cars at a loss to pay me. I agreed to wait; 12/31/10 passed and I heard nothing. On the morning of 1/3 I filed suit, filed a complaint with the DMV, filed complaint with the FTC and the BBB. Tomorrow I will file a police report with the Englewood P.D. Later that afternoon, I got a call from the DMV detective who sounded very biased in favor of Autohut. A DMV detective, in the dealer division, said Autohut told him they paid me today. I said I had not checked my account today, butdid on 12/31 and 1/1 and saw nothing deposited by the final deadline we agreed on. Also, I wanted Autohut investigated for this activity with others and have fines imposed. He seemed to dismiss this. He also mentioned the contract had no time frame for Autohut to pay as far as he read it. I simply suggested looking at the first line that included the clause saying payment is made "upon completion of sale". He went on to dismiss his originalpointhe had prepared to use against me, saying something to the affect of "Yes, normally so in a good economy, but this isn't a good economy, so that isn't the way things are done." It was starting too feel like the DMV is in it with the dealers who are the ones doing wrong. What about the contract? He said that is a civil matter for the court. When I mentioned I was filing a police report, he said he was a former P.D. Detective as well, and that I would be told it was a civil matter, but don't let me discourage you from it. There is nothing criminal in defrauding people? I was perplexed! Part of his job at the DMV dealer enforcement division is to protect the public from auto dealer fraud! It's obvious to me that I can't count on the DMV to do its job in protecting me or others from crooked dealers. I got home and checked my account; I had been paid the final $6000; but it's too late; it's outside the time frame of our final agreement which is saved in email. I have already spent hours and paid over $100 to file suit and have Autohut and Lowell Andrews served. I will seek the interest and fees I am out. I am also out a lot of time, miles on my car, and hassle which I never should have been so I will also ask the court for my $500 fee I paid Autohut to relieve me of the stress by selling my car in the first place. I suspect Autohut is playing this game with other less aggressive people, suggested by comments to that affect made in person by Lowell. If you are one please contact the Englewood P.D. And the CO DMV dealer enforcement division, but don't expect too much to happen on your behalf. I researched Autohut before signing with them, and found nothing other than their website. No complaints, nothing. So, in retrospect, Iran a background check onLowell Leslie Andrews. It's not pretty. I encourage anyone to do this before dealing with anyauto salespeople or dealers, if you must deal with them at all.in my opinion, not the DMV's soft opinion, he has unsuitable character to hold an auto sales license.
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