Davidsons Motors

Initial Business Response /* (1000, 10, 2015/12/08) */
Mr, and Mrs. [redacted] came into our dealership on Saturday, X-XX-XX to inquire about purchasing a vehicle. They informed me that they were in an open chapter 13 bankruptcy and asked if I could help them. I told them that we had a lender that...

would approve anyone and that with an open chapter 13, in addition to the usual stipulations, they would need a letter from their trustee stating that they could incur more debt. I made it very clear that while this lender was very liberal with their loans, they were very particular about their stipulations.
Mr. [redacted] told me that his wife already had the paperwork for the trustee and only needed to fill it out. At this point in time, they decided that they wanted to move forward. They filled out an application for credit which I put into Credit Acceptance. There were two vehicles that fit their parameters; $1000 down and payments under $400 a month. They chose the Dodge Durango. I assured them that the loan was approved pending receiving all of the stipulations.
On or about 10-19-15, I was asked by [redacted] (the manager) to call Mr. [redacted] to find out if they had received the letter from their trustee. Mr. [redacted] asked me if [redacted] had received the e-mail his wife had sent. I asked [redacted] if he had received the letter and he informed me that the only thing he received was a schedule of payments for their bankruptcy. I reminded Mr. [redacted] that only a letter from their trustee would suffice. Mr. [redacted] informed me that he "did not want to get the letter" due to the fact that his income was higher than he reported and his bankruptcy payments would increase. I told him that without that final stipulation, he would have to return the vehicle.
Mr. [redacted] told me that he would return it that evening but was a no show. He showed up a closing time on 10-21-15 and told me his wife was on her way with the vehicle. I explained that we were closed and that I had to get home to my daughter. He told me that she was 20 minutes away. After half an hour, he told me she was just leaving Thornton. One hour later, he told me she was at 104th avenue, stuck in traffic. He then left. I waited until 10 pm before leaving. The next morning, Mr. [redacted] told [redacted] via phone "you have $1000, come and find it"
The loan was approved. The contract was cancelled only because Mr. and Mrs. [redacted] did not follow through with the letter. It was not a case of being unable to get the letter, it was because they did not want to.
In addition, Mr. [redacted] signed a federal disclosure agreeing that if the contract were cancelled, he would pay $100 a day and 60 cents per mile. They had the vehicle for nearly a month and put over 2000 miles on it.
[redacted]
Davidsons Motors
Initial Consumer Rebuttal /* (3000, 13, 2015/12/14) */
(The consumer indicated he/she DID NOT accept the response from the business.)
We did everything we were asked to do on our end. I talked to [redacted] on 10/3/15 and it was advised by our lawyer we don't obtain the letter it's not a matter of we didn't want to or couldn't get a letter it was in our best interest not to. Why didn't [redacted] ask for the car back on 10/3/15?? All he kept saying is let's wait for the lenderwhich in all reality he was waiting for our $1000.00 check to clear our bank and the funds be deposited in their bank. They knew I would stop payment on our check if he would have said to return the vehicle on 10/3/15. My wife emailed [redacted] on 10/9/15 telling him the same thing and he never emailed back to return the vehicle until 10/21/15! I was upset when [redacted] told me we wouldn't be getting our money back because I worked hard for that money to just give it to someone and get nothing in return. If they were a reputable company they would have at the minimum offered to give us half of the $1000.00.
At that point, I told [redacted] they can drive to our house to get their vehicle and I didn't write down the miles the day we stopped driving it on 10/21/15 so the 2000 miles they said we put on it is debatable.
[redacted] and [redacted]
Final Business Response /* (4000, 15, 2015/12/21) */
If Mr. [redacted] had "done everything they were asked to do" the deal would have gone through. He knew exactly what was required before proceeding with the deal. Mr. [redacted] could have gotten the letter needed but chose not to in order to keep his bankruptcy payments from going up. Contrary to their belief of a conspiracy to hold off until the check cleared is ridiculous. Giving in to Mr. [redacted]'s complaint of us not requesting the vehicle back on the 3rd of October, let's give him the benefit of the doubt. The vehicle was purchased on 9-26-15, if he would have returned it on 10-3-15 that is 8 days. Let's take 1000 of the over 2000 miles put on the vehicle along with a tow bill of $227 dollars. According to the bailment agreement signed by Mr. [redacted] of $100 dollars a day and .60 cents a mile, the total comes to $1627. We have $1000 dollars, how would he like to take care of the balance? Bailment was explained to hem as "if for some reason he did not provide necessary documents and the deal was returned, he would be required to pay that amount." Not once did he question any part of it.