Eagle Auto Center, Inc.

Please review attached supporting documentation relative to this matter. Customer purchased a car from us the end of November 2015 and we financed the loan. We specialize in financing customers with credit challenges. Payments were set up as monthly as that is when she receives her income source....

The customer paid a $1 ,000 down payment at the time of purchase. The customer qualified for a vehicle in a specific price range due to her income level and credit situation. The vehicle she purchased fell into that category. She was not told by any staff person here that she could immediately swap it out for another, lower-mileage car. She was told by our sales manager that the  vehicle she purchased was filling a "need", and if she satisfactorily paid on it for a couple of years, shecould then trade it in for a vehicle to fill a "want" (an upgrade). This is what he often tells customers in her similar financial situation as we do not operate our business by selling vehicles to people we know they cannot afford only to set them up for financial failure. I have no idea what she is claiming about the mileage as every document reflects the actual mileage of the vehicle she purchased. The customer brought her vehicle in on 11 /27/15 for a clicking noise when turning. We replaced the driver's axle shaft with a new one at no charge to the customer. It bears pointing out that the year and mileage of the vehicle required NOW WARRANTY (NYS Lemon Law or otherwise), but we chose to offer the service at no charge. We adamantly deny that any customer, including this one, has ever been placed on hold for 30 minutes. The customer called on 12/5/15 and requested to speak with a "supervisor". My partner called her back at approximately 9:00 AM. She told him she had had to jump the car twice and that at times the car would start after she turned the key off for a minute then tried it again. She never said anything about having to put air in the tires nor did she claim the car cut off alongside the road. He asked if she wanted to bring the car in right then and she said the earliest she could bring it in was Monday, Dec. 7, 2015 at 2:00 PM .  He assured her that although she had no warranty, we would take care of her issues. Customer failed to show up for this appointment. He asked her if the noise when turning was gone and she said it was. We had installed two new tires on the car. We never claimed to have installed four new tires. But again, the customer never made any complaint to us relative to air loss in any of the tires. She also referred a friend who purchased a vehicle from us, which seems odd if she was dissatisfied with our business. Interestingly, the date of this customer's complaint to the Revdex.com is December 5, 2015. This is also the date of her first loan payment, which has not yet been made and is now 5 days past due! In summary: • The customer freely purchased the car. The mileage was discussed verbally and in all documents signed by customer. • Customer was never told she could immediately "exchange" car for one with lower mileage. She was told she could "trade up" after positive payment history after at least two years. • We addressed noise compliant at no charge to customer despite no legal or contractual requirement to do so. • She never made complaint to us regarding tires. • We offered to get her right in to address the new complaint (again at no charge) on a Saturday. Customer refused offer. • She scheduled an appointment and was a NO Call, No Show. • We have gone above and beyond what is contractually and legally required of us. • Customer is not entitled to a refund of her down payment or a release from her Retail Installment Agreement • If she does not make her payment within the ten-day grace period, she will be charged a $20 late fee. If she does not make the payment by day 11 , she will be subject to repossession. Very truly yours,  Janet E.

We sold a [redacted] to this customer and also financed the loan as she had credit challenges and could not obtain traditional financing. Over the last few months, the customer was late on her payments several times, and her credit card declined numerous when we attempted to run it upon...

her request. When we called her to advise her of this, the phone number she had provided us was not working. By the time she contacted us several days later, the account had a late fee assessed (over ten days past due). She was responsible to 1) make her payment on time, 2) be aware of her credit card balance and activity, 3) keep us updated with current contact information. We make courtesy calls to advise customers when their payments are overdue, but it is not our responsibility to hunt them down when their phone numbers no longer work or when their credit cards decline repeatedly. We waited to hear from the customer and when we did not, we repossessed the vehicle. She contacted us only after she noticed her vehicle had been repossessed. We advised her of the balance due which included all past due payments, late fees, and repossession fees. She advised when she would come in to clear the account of those fees and pickup her car. She failed to appear on the agreed date. We turned in her plates to our local DMV as required by law. When she did come in, she was very upset that we had done that even though we showed her the requirement of the DMV law. She said she was going to the local DMV to obtain new plates and would return to pay all of the fees and recover her vehicle. She left and never returned. She was given ample opportunity to recover her vehicle. Not doing so was her decision. Another term of her contract was properly maintaining her vehicle. Because she had apparently failed to address mechanical issues, we have had to repair the vehicle to the cost of over $3,000. These recon fees will be included in the cost associated with re-selling the vehicle in an attempt to recoup the costs of the repossession. She will be held accountable for the difference between what we can sell the vehicle for and the remaining balance on her loan. There will be no correction to her credit bureau reporting. In fact, the mechanical condition of the vehicle was discovered after the initial repo figure was reported and is subject to adjustment based on the reconditioning figure explained. Very Truly Yours, Janet E, V.P.

Please review attached supporting documentation relative to this matter. Customer purchased a car from us in March 2015 and we financed the loan. Payments were set up as biweekly and we agreed to run her credit card every other Friday for the amount due. We offer a 10-day grace period. If the...

payment is not received within that 10-day grace period, a late fee is added. If the loan is delinquent at day 11 , the vehicle is subject to repossession. We ran the card for the October 23, 2015 payment and it declined. We are not given a reason for the declination; we just receive a DECLINED receipt (attached). Our procedure is to contact the customer as a courtesy to advise that this has happened. It is not required that we do so. It is the customer's responsibility to be sure that payment is made. This one declination threw the account off for subsequent weeks. She clearly does not understand that her account has not been current since 10/9/15. The payment that went through on November 6 actually cleared the payment that was past due for Oct. 23; the one for Nov. 20 cleared Nov. 6, respectively. When the payment attempt made on Dec. 4 DECLINED, it was actually for the delinquent Nov. 20th due date that was then 14 days past due. When we were unable to leave a voicemai1 for the customer, we sent the repo agent to recover the vehicle. The customer needs to understand that our attempt to contact her is not a contractual or legal requirement but a courtesy. It remains her responsibility to monitor her account and payment status. She claims her bank advised we took a payment of $128 (actually $128.57) out two weeks before which is true, but it was to clear the payment that was delinquent for the Nov. 6 due date. The $587.14 (not $600 as she claims in her complaint) covers the two past due payments that were due as of the time of redemption plus the repo fee. Obviously, this is not subject to refund, as these monies were due Eagle Auto Center, Inc. Very Truly Yours, Janet E., VP

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I did call 3 times before the car was repoed. The customer service didnt run my card after they said they would. When they couldn't get a hold of me to tell me there was a problem they never called any of the references I provided. I was under the impression my car payment was made. I also came in the period of time they told me to pick up the car with the fees and they already took the car off the road.
Regards,
[redacted]