On July 5th my husband and I went into Bankston Nissan of Irving, TX. After looking at several makes and models we selected a 2002 Pathfinder. We filled out all of the paperwork, I wrote them a check for the down payment and away we went. The transaction went pretty smooth. I was very happy that it was not an all day affair, I was 7 1/2 months pregnant at the time!
We went home and a couple of days went by. I felt weird. A little voice inside me told me to call the dealership and request a copy of ALL paperwork that was signed. Something just didn't feel right. I called and spoke to the appropriate people and they stated that it was off in the mail.
I got the envelope the next day and we I opened it, I was in SHOCK! I called my husband and he came immediately. My name was forged on an extended warranty agreement form. Needless to say, I was extremely PISSED OFF! How could a dealership do this and get away with this. I deal with contracts all day long and I know the boundaries that can and CAN NOT be crossed.
I contemplated on going to the police department immediately or addressing it with the dealership first. The dealership is lucky that I was pregnant at the time that this all took place because I actually felt sorry for the individual responsible for this. What if they had children? What if that were the sole provider in the family? That's what made me contact the dealership first.
I spoke to various people who did not take me seriously. I was told that it's really no BIG deal because I was aware I was getting the extended warranty anyways. (I was also part of my contract). I explained to them that I was not debating whether I was, or wasn't, getting the warranty, but that they had committed fraud. I was soooo emotional that I didn't want to cause stress to the baby.
I let a couple of days go by and then I decided I better address this in person. I was thinking about all of the other people's name that the dealership probably forged as well. When I showed up (every one knew who I was, how can you miss an 8 month pregnant woman!) and I was immediately escorted upstairs.
That's when negotiations began. The person that committed the fraud immediately admitted that he did it and explained that they were out of those forms when we came in and that he was trying to do us a favor by signing it for ME!!!
Can you believe those words actually came out of his mouth in front of my husband and I. His boss was there as well. We began talking back and forth and I told my husband, hey we're fixing to have baby #2, no car payment that sure would help us out. That's when the man got upset and began stating that any recourse that comes from this comes directly out of his pocket! Like, I was suppose to care?!?! He committed fraud! Does he not realize this?
Anyways, we agreed on them installing TV's and a VCR in the vehicle, paying for the extended warranty agreement form and lowering our car payments. To me this was a little price to pay that going to jail for commiting a FELONY! That's when the man thanked up for not going to the police (he stated that he has custody of his young daughter) and that we would have to re-do the contract do reflect the terms that we agreed upon. I then also signed a letter stating that once this restitution was met, I would not press charges against him. Everything was fine, we re-did the contracts and it was a done deal!
Now, let me fast-foward to the future. Our vehicle was stolen from our residence on April 27. We were scheduled to leave for vacation on May 15. I not only was furious that we were vandalized but so close to vacation. (We were driving across the country.) This was a much needed vacation and I didn't want this to stop us. (We only own one vehicle.) With a compliant insurance company (Yeah, STATE FARM, who actually cares about their customers!) our vehicle was paid off, 2 weeks after the incident, and we were able to purchase another one. (Our SUV was recovered but had severe water damage.) An agreement letter was sent from Nissan (the lender) to State Farm and the letter was accepted and title was given to the insurance company.
Now let me fast foward a little bit more. On November 3rd, (appx 5 1/2 months later), my husband received a phone call from Nissan stating that we owed them $466.16 for taxes that came in from the state in October. I asked the lady on the phone, I can I be taxed on something that was paid off months ago. She stated that these taxes were not included in the payoff and because it was a lease we are responsible for property taxes.
I told her that I was not aware of propery taxes on a lease. She gave me the phone number to call so I could request copies of the contract, etc. (I threw all of that stuff away in July because I had confirmation that everything had been taken care of and the car had been paid in full.) I called Nissan and spoke to Jason. He stated that propery taxes are part of the contract and because that is signed I am responsible regardless if I owned the car 1 day of 365 days in the year.
He mailed me everything and guess what, you guessed it - my husband's name was FORGED on the propery tax form. IMAGINE THAT! And JASON proceeded to tell me that they received this from the dealership and that they can not honor it because it was not notorized. I let things rest for a while and coresponded back and forth with them. I had received a form to get an exemption on the taxes because my vehicle was not used for business purposes... I asked him about that. They state they NEVER got it.
Well, I did the right thing, mailed it via confirmation and guess what, it was all thrown away when the car was paid off. I was made to feel like an idiot for throwing the stuff away, but I did not do anything wrong! THE CAR WAS PAID OFF.
Well at the end of November, I got another statement from Nissan stating the total is now $817 and some change. When I called about this, I was told by Jason that they received additional tax bills that were not included on my 1st bill! He stated that there are 5 areas... Blah, blah, blah! I requested an itemized break down on these taxes for MY vehicle and he stated that it doesn't exist. He told me that if I really wanted to persue this, that I could go down to the tax accessor's office and pick up the BULK copy of their bill. They are the one's billing me! So, am I to assume that it's correct and pay it! I don't think so!
I once again called in TODAY to see if they have figured anthing out. I spoke with JASON again who then transferred me to a "senior account representative" named Margaret. She told me everything that JASON said and then a little more. She informed me that the stated of TEXAS has from October 31st - January 31 to get their bills to the lender's. How fair is this to the consumer? If this is the case then Nissan does not need to send out ANY bill until all BILLS have come in.
I explained to her about the fraud and she stated that I had showned no proof of that. I was at my wits end with this company! I STUPID can you be to look at a signature on one page and then another and when then don't match (or remotly similar) it was FORGED!
I also pointed out to her the first incident and she stated that I have no proof of that either. I told her to look at the paper work that they sent me and she will see that my payments went down and I got my extended warranty for $1.00 (I was told that zero's can not be entered into that field.) She did acknowledge that they had 2 contracts, one for 07/05/02 & another one dated 07/16/02. Dealerships don't just lower the price of their vehicles and give away extended warranties. Common sense would tell a normal person that something has happened!!! She did acknowledge that my husband's signature's didn't match on the contract and the extended warranty agreement form.
Another point I made to her was that they entered a legal binding document between my husband and I. Not all of the necessary paperwork was signed by both of us. She admitted that and stated that both signatures were on the contract and that is really all they needed! I can't believe this! Also, when I requested a copy of my file, I was told I could only get my contract and the rest would have to be supenaued thru a court. That's bull crap! What are they hiding?
Hmmmm, makes the consumer wonder!
My goal is to seek out people who have had the same experience as us and want to do something about it. It doesn't necessarily have to be from the same dealership. With the new privacy law they just past, I DO NOT understand how dealerships are allowed to commit fraud. The legislation needs to get involved and something needs to happen. This is ridiculous that this is allowed to take place and the lendors basically CONDONE it. What do I mean by CONDONE they approve loans with out all parties signatures involved... Shouldn't a red flag go up when they don't match from document to document.
If anybody knows anyone that can assit me, I would really appreciate it. I don't want to hire a lawyer, but I will if necessary. We have worked hard to keep our credit perfect and I will not let this ruin it! Maybe, you know someone who works in the tax assesor's office who can validate what I was told. Or maybe since Nissan accepted payment of the vehicle and turned the title over, am I truely responsible 5 1/2 months later. Thanks for reading this if you made it all the way to the bottom.
Shelby & Will
Fort Worth, Texas
U.S.A.
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