Bill's Auto Sales

Review: we had our vehichles repoed due to insurance saying we didnt have insurance but we did. well according to the contract and I think va law stating that when they resell a vehichle that has been repoed they have to notify you within 15 days that they are selling it and how much they are selling it for. well they sold my husbands truck and the only reason we know that they sold it is beacuse we saw it being driven down the road. so I called them and they said that they did sell it and they said that they sold it for what we owed. well we dont know for sure how much they really did sell it for and the lady that is in charge of that [redacted], she ould easily lie .I mean we dont know . Then I told her that I just wanted something stating that she did sell it and for how much. then she proceeded to tell me that we can come and pick it up. the statement that is. thats not what the contract states. I did speak to a lawyer and he said that it is a law and its stated in a contract when you lease a vehichle. me and my husband feel like she did breach contract and I am letting Revdex.com aware of that because if she did it to us then I know that she is probably doing it too others. she did not let us know about the sell of the vehichle and then when we finally called her out on it , she proceeds to tell us that we can come and pick up that statement.Desired Settlement: I just want people and [redacted] aware of what she did and that she did breach contract. and I want her to mail that statement . we shouldnt have to come and pick it up. she was supposed to notify us not the other way around.

Business

Response:

Complainant purchased a 2003 Pontiac Montana (stock # [redacted]) on 02/05/2013. The vehiclewas not leased as stated in complaint, but in house financed. On 12/4/2013, we receivedwritten notification from [redacted] stating that the full coverage insurance had beencancelled due to a Non sufficient check payment. I called [redacted] to verify the notificationreceived and was told the policy was indeed cancelled. The vehicle was repossessed later thatday. In addition to the insurance cancellation, the account was delinquent. Complainantcalled on 12/4/2013 regarding the repossession and said she had paid the NSF check and hadinsurance coverage. I called [redacted] to confirm and they acknowledged an error wasmade when they told me the policy was still cancelled. Due to this error, they agreed to paythe repossession fee if the vehicle was repossessed for insurance cancellation only, but not ifthe account was in default. I told complainant she could redeem the vehicle by paying heraccount current. Virginia law states a person may redeem the vehicle by paying the fullamount owed on the contract (less a prorated refund on the finance charge), not just pastdue payments. Complainant only needed to pay her account current, not in full. She camedown and removed her tags and personal items from the vehicle and said she did not wish toredeem it. The vehicle has not been sold and is still on our premises if complainant desires toredeem it.14 Months later:On 4/13/2015, complainant called and inquired if she would be getting any money back fromthe sale of her vehicle. She was informed that we had not sold her vehicle (Stock # [redacted])and it was still on our property and available for her to redeem. She stated she didn't wantthe vehicle and wasn't inquiring about the 2003 Pontiac Montana that she purchased, but a1990 GMC (stock # [redacted]) that we sold her husband, [redacted] on 9/16/2013. It toowas repossessed on 12/4/2013 for delinquent payments and the same insurance cancellation.He was also given the opportunity to redeem it by paying his account current, not in full. Heremoved his personal items from the vehicle. He has expressed that he feels we were"making every excuse" not to give him the vehicle back by requiring him to pay his accountcurrent. His account balance as of 12/26/2013 was $4,537.61 This balance does not includethe cost incurred in preparing the vehicle for sale. It remained on our lot for 13 months untilit was sold on 1/2/2015 for $3,950.00. His right to redeem ended on 1/2/2015. No refund isdue to Mr. [redacted].During our phone conversation on 4/13/2015, complainant asked if l would send hersomething showing how much the 1990 GMC sold for and asked if there would be a refund. Iexplained the contract on the 1990 GMC was not in her name, so I would gather thedocuments and Mr. [redacted] could pick them up at his convenience. I left a message on hervoice mail later that day stating the documents were ready. I did not hear back fromcomplainant regarding this matter. Complainant's husband who purchased the 1990 GMC hasnot requested any documentation. However, l'm mailing him certified copies at this timeverifying the vehicle was sold for less than he owed on his contract.Enclosed are documents regarding the sale of the 1990 GMC. Due to privacy, I've blackenedout the purchasers name and vital information. I've included the Virginia OLRS Vehicle Inquiryreport from dealertrack which is linked to the DMV. This report confirms the vehicle was soldfor $3,950.00 and sales tax paid in the amount of $159.98, equal to 4.05% of $3,950.00 asrequired by Virginia law. There is a copy of the new title enclosed to verify the sales tax paidin the amount of $159.98, based on the sale price of $3,950.00.Please do not hesitate to call if any further information is requested.Sincerely, [redacted]Bill's Auto Sales

Business

Response:

I stated it had been 14 months from the time complainants vehicle was repossessed on12/4/2013 to when she called our office on 4/13/2015 about a refund. It was actually 16months between the two interactions. December 2013 to Apr¡l 2015 is 16 months. pleaseexcuse this error.

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear belowFirst off I could care less about my vehicle. I was talking about my husbands truck. [redacted] never notified us about it was being sold . she just stated in the response that the chance to get it back ended the same day that it was taken, We are aware of the Va state law and [redacted] stated that it was sold in January 2014 or 2015 whichever don't really care . either way we were not even told about it being sold, until we seen it on the road. So thats when I called her. Here is the law , because I guess she isn't aware of it but I will be so kind and make her aware of it: § 6.2-2217. Limited recourse; repossession and sale of motor vehicle.. At least 15 days prior to the sale of a motor vehicle, a licensee shall (i) notify the borrower of the date and time after which the motor vehicle is subject to sale and (ii) provide the borrower with a written accounting of the principal amount due to the licensee, interest accrued through the date the licensee took possession of the motor vehicle, and any reasonable expenses incurred to date by the licensee in taking possession of, preparing for sale, and selling the motor vehicle. At any time prior to such sale, the licensee shall permit the borrower to redeem the motor vehicle by tendering cash or other good funds instrument for the principal amount due to the licensee, interest accrued through the date the licensee took possession, and any reasonable expenses incurred by the licensee in taking possession of, preparing for sale, and selling the motor vehicle.She proved my point about breaking the law. She stated that the truck was sold 1\2\15 . but now here it is 5\4\15 mind you way past 15 days is sending a certified letter. Only because I am complaing about her breaking the law.... That's the reason I said anything to Revdex.com. I wasn't referring about anything else why the vehicles were repoed or whatever. The main reason is because Bills Auto Sales areblaw breakers. So I will be in touch with Consumer Affairs . Thank you so much Ms. [redacted] for proving my point. You have have a lovely day.. Regards,