Fowler Auto Sales

Revdex.com:
I have reviewed the response 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 below.
I was not told till the 27th that I was late on a payment. I was unaware of the payment due as I was under the impression from the owner that I would pay $400 a month and that was paid. I did not intentionally miss a payment. I even set the amount to come out with them automatically each payment. the only reason payments where late was my bank flagged the company not knowing it for the amount and would not allow them to take the money out. I contacted the buisness and told them and I was told it was ok and it was resolved when the bank unflagged them. I was told on the 27th about the payment due on the 25th and was expressing concern for the damages to my vehichle which I have the messages stating they would fix it and never contacted me. during this conversation I told him it was not fair for me to have to be treated like this and if they would not do as they told me I would contact the Revdex.com or a mediator to fix the situation. I recieved no response after that and the next day my car was took.  i always contacted them about the repairs they said they would fix cuz the car was sold to me in a certain condition and when I picked it up it was not in that condition. they wanted me to bring the car and drop it off with no loaner for me to go to work as there buisness hours are when I work. they did not care about the car and admit to it being broke. it was not when I looked at the car to purchase the women who met me which is the owners wife noticed it and told me about it. she did meet me before the buisness opened because she got off work at the time cuz the owner and the sales man I worked with would not answer me so when she got off I was heading to work and she said to meet her. our contract states that a delenquent status goes into effect after 10 days of no payment and then it can be reposesed I received no warning when my car was took. when I called he said he did not want to deal with me anymore so he was revoking financing. I was not given the proper notice for a delequent payment to go into effect or for a reposesion. I then recieved a letter in the mail from the 27th saying I had ten days from that letter to make the payment owed of $215. my car was taken on the 28th not even 24 hours later. they violated the contract and the papers they sent me alone. regardless of anything else its breach of contract, I am now left stranded with no car and a child after I had made the payments to them and they new what was going on with the bank for them to be made a few days after due date but was less than 10 days so I was not deleuent per our contract. because of the breach I am asking for my $2000 back to get another vehichle or for a vehichle. it was a lemon sold and only reason car is asked back for is I agreed to purchase the car I need one for my child and getting a vehichle to work an transport her is my main concern regardless if it the one I had or not. 
Regards,
[redacted]

Customer purchased a vehicle January 2017 (not February as customer stated). (reference page 3) Customer insisted upon purchasing vehicle outside of our business hours. We accommodated the customer and delivered the vehicle to her at 6 a.m. (we normally open at 10 a.m.) The vehicle purchase price...

was 10,995 not 10,495 as stated by the customer.(reference page 3) Customer was offered an extended warranty on the vehicle and chose to waive all rights and coverage included with such. Also agreeing, in writing, that the customer would pay for all cost for any repairs that may arise. The vehicle was purchased "as-is no warranty". Customer also agreed in writing that the seller did not owe buyer any work or repairs on the vehicle. (reference pages 4-7) The vehicle was found at that time to have a low beam headlight out on one side. The bright lights worked as well as the other low beam. We offered for the customer to bring the car back during business hours so that we could take car of this issue. The customer returned that evening around 6 p.m. As we were closing. We advised the customer that she could drop the vehicle off or bring it back when we were open to allow us enough time to ensure that we could properly fix the headlight. She insisted that it had to be done on the spot. We were unable to do so given the time of day. We made an appointment with the customer to return with the vehicle the following Monday, January 30, so that we could address any issues that she had with the vehicle. The customer was a no call no show on January 30. The following day the customer contacted the owner via text message at 8 a.m. asking when we could fix the car. We advised that we would be glad to work it in later that week. We advised the customer of our business hours and to let us know when she could bring the vehicle. Customer never responded, called our office, or came to our office. (reference page 8) Again customer contacted the owner via text message 3/10 6:30 a.m. Asking when we were going to fix the light, adding that the car had an issue with the horn. We again advised the customer that the car would need to be dropped off during our business hours and that we would gladly take care of it. Customer advised that they had been busy but would see what they could do about dropping it off. Again we never heard back from the customer, customer never called our office or made any attempts at bringing in the vehicle for repair. Meanwhile the customers first biweekly payment came due, it was not paid in full until it was 13 days past due. The customers second biweekly payment came due and also was paid 6 days late. Once the customers third biweekly payment came due 3/25, it was skipped also. (reference page 10-11) The customer did sign up for an auto debit from their bank, but it was declined each and every time that there was a payment due. The customer contacted the owner again 3/27, outside of business hours, about the vehicle. Again she was advised to contact the office during business hours and that we would still repair the vehicle as long as her agreed upon payments were made. The customer demanded that there was no payment due and threatened to call the Revdex.com. (reference page 12-13). The customer advised at that time that there was a recall on the power steering. All recalls are handled through the manufacturer (Ford) and the vehicle would have to be taken to them for that to be addressed. Also the customer advised of an air conditioner issue. The air conditioner was fully functioning at the time of sale in January. With the seasons changing to spring it may have needed additional refrigerant which we also offered to handle had the customer brought the car to us for service.In summary the customer continually contacted us for minor issues with the vehicle. We continuously offered to repair the vehicle but customer refused to bring the vehicle back to us in order to have any Apr 07 1712:45p Fowler Auto Sales 20?-338-7418 p.2issues addressed. (reference page 8-9, 12-13)After the customers third delinquent payment, we reviewed her finance and other related agreements. The customer made no attempts to pay or defer the third biweekly payment.The customer defaulted on our contracted by failing to pay the installment payments when due. The customers insurance did not included us as a lien holder as agreed.(reference page l4-21) The customer failed to notify us of a change in address, (reference page 22-23)We did make the decision to exercise our right to repossess the customers vehicle given the continuous late and skipped payments along with the other agreements not kept by the customer,In regards to the desired outcome:Any payment not made on or before its due date is considered late. The contract states the a late charge is added after 10 days per law. The contract states that we may take the vehicle back after giving any notice required by law. Kentucky law does not require any notice to be given. Per our agreement, in writing, customer agreed “that we are not required to give notice before we take back the vehicle, and that customers failure to make any payment on time according to our contract, will be customers notice the we have the right to take back the vehicle.” (reference page i4-19)The customers payments went towards their use and wear on the vehicle during the months they were in possession. The customer still owes for the vehicle as well as collection and repossession costs and is mot entitled to a refund. (reference page 14-18)The customer calls the car a lemon in the complaint but asks for the return of the vehicle to them, and to resume payments, as a desired outcome.The customer is able to redeem the vehicle, for a period of 10 days, by paying the total amount owed on the vehicle. The customer has made no attempts to do so. (reference page 14-18)