Jennifer Porter

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 As reading what has been wrote my the owner I am not pleased he was pleasant to me on the phone and my sister is my witness to how I was spoke to he was harressing me on the phone laughing at me telling me he was going to report me to child care for fruad I am not fruading no one never have never will I never hung up on anyone I told the manager that I was reporting this to the Revdex.com because of how I was being talked he didn't treat me with respect as I we as respecting Vito at first until he started being rude and hung up on me I have witnesses and I have proof of income I have never in my life been disrespected and treat as if I am a lying I spoke to the owner yesterday and told him everything and for it to be turned around on me is wrongHow can u allow Ur employes to treat customers like that it is wrongAnd to sit the and lie about what was said to just cover your self is wrong to I have nothing to lie about I cab take my business somewhere else if this is how I am going to be treated and I'll make sure I tell people my experienceAll I'm asking is be shown respect how hard is that? MY sister said that she's willing to testify on everything and what she heard Regards, [redacted] ***

[redacted] On Feb 18, Ms ***, a [redacted] resident at the time, did indeed purchase and finance one [redacted] with 115,miles for $from Auto Credit of Jamestown, NY(For clarity, the purchase price was not $as specified in her complaint)A significant amount of used car prep work was done to the vehicle in the month prior to her purchase and it passed a NY State InspectionAs a NY dealer using NY repair facilities, it was not however inspected in [redacted] Along with Ms ***’s purchase, despite the fact that the vehicle had over 100,miles and could therefore be sold as is whether in NY or **, she did however receive a limited warrantyThis warranty, to which she has a copy, covers certain major items in full for days or 1,miles, plus has 50/coverage on normally excluded items, and further came with a guarantee that any work or parts discovered necessary, if any, once she goes to get her [redacted] Inspection done, would be coveredWith the inspection rules being different from each other in the states of NY & **, it does from time to time occur whereas a vehicle will pass one but not the otherThis did happen in her case and the first attempt in early March at [redacted] Inspection failed due to a marginal tire and the necessity of a minor subframe repairSaid repair was performed by us at a garage we contract with here in NY, as well as the installation of a matched set of new tiresUpon her taking the vehicle back to the (unaffiliated with the former) garage in [redacted] it did pass the [redacted] InspectionThere were no further issues until Ms [redacted] contacted us with the problem of having blown a brake lineShe indicated that she had purchased parts to fix the problem and already was doing the repair herself (with a private individual helping her) and asked if we would reimburse her the cost of said partsShe references this in her complaint alleging that we promised to do so but never followed though“In fact we did promise to reimburse her as a goodwill gesture (not warranty obligation) and did indeed follow through by sending her out a check on June 9, Prior to responding to this compliant I first verified with the bank that said check had been cashed and it did in fact clear our bank on June 17, 2015.” As to the subsequent problem Ms [redacted] is having which follows having prior work done by an uncertified private individual, it is unfortunate that caliper seizure wasn’t noticed as she alluded to, and certainly this is not something we can be responsible for, in addition to the fact that she has taken the vehicle out of the area, not being accessible to us in [redacted] As to the issue of rust, welcome to the Northeast where many municipalities foolishly continue to use salt to treat winter roads as opposed to non-corrosive sand & grit despite protests against this practiceIt’s a difficult issue to deal with as certainly no one has a crystal ball to be able to see generally speaking just how rusted a part may be and when it may therefore malfunctionIf and when it happens it’s just something a northeastern car owners and dealers know they have to deal withIn Ms ***’s case at least she did have the help of a dealer that as aforementioned was willing to reimburse her parts costAs to the issue of [redacted] or [redacted] or other guide values, they are exactly that, guidesThey are subjective and running a [redacted] value on this car as purchased yields a suggested retail of $within a range of $or even higher, but again as just a guide, whether the complainant agrees with that is simply irrelevant, and furthermore does not take into consideration the financing premium and the fact that what she presently owes is reflective of making payments with interest, not an outright cash saleAs to Ms ***’s comments about being a year old female by herself, I will not hesitate to vehemently defend our record of fair treatment, full disclosure, and the same square deal for all of our hundreds of customers regardless of their age, gender, race, relationships, station in life and other demographics, and the fact that we take to heart and quite seriously all equal opportunity and fair lending practices and rulesIn business for over years providing a valuable service to Western Ny and Western [redacted] customers, we pride ourselves on being a “more than” reputable organization and stand by both our programs and our recordIn closing, whereas I do sympathize with the frustrations of having used car problems, I cannot agree to the complainant’s assertions or her request for a full refundAs a valued customer, I will however suggest that a better course of action, rather than making certain allegations herein, would be to ask for help with parts cost as she did before as she may have found us again receptive to such a request Yours truly, Paul SOperations Manager Auto Credit of Jamestown

On July 28, [redacted] did come to our facility and did browse our lot looking at vehicles and was assisted by salesman VitoShe proceeded to fill out and sign a credit application authorizing us to check and verify information provided and as to the issue of employment and income, she provided proof in the form of a document from the county dept of social services / vendor remittance statement, and she stated she is a day care providerUnfortunately she was informed that we could not process her application because the aforementioned documentation was in someone else’s nameAs such it did not provide proof of any employment or income with respect to Ms [redacted] but rather only with respect to another party, and furthermore this party was not a co-applicant to her loan applicationOn Aug 11, a courtesy call was placed by salesman Vito to see if her circumstance had changed in any way or whether there was any follow up proof or clarification she had obtained with respect to her employment / income, and if so whether there was anything he could to do to continue to assist herAt this time the complainant Ms [redacted] lit into the salesman, unnecessarily screaming at him, insulting the company, and quite inappropriately hurling obscenitiesThrough this she demanded to speak to the owner who was not available and alternatively she was put on the phone with Vito’s sales manager RyanHe spent about 10-seconds listening to further screaming from Ms [redacted] at which time she hung up on himThe only further correspondence or comment from Ms [redacted] is the complaint made hereinOur company strives to help every customer possible, in a courteous and professional manner, and treat everyone fairly in the processWhereas we may go out of our way to help customers overcome obstacles and challenges that other financing agencies may be unable or unwilling to do, one thing we cannot overcome is the problem placed in front of us with the documentation Ms [redacted] provided as described aboveThe explanation given to her was not an accusation as she apparently perceived it to be but rather was a statement of fact! As such, if Ms [redacted] were able to provide further, verifiable, proof of her employment / income, we would be happy to proceed to process her application, however in the absence thereof, respectfully, there is simply nothing we can do for herYours truly, Paul S.Operations Manager / L.L.O/ C.O

First let me express our condolences once again to the family of Mr ***Having had the opportunity to personally deal with [redacted] on more than one occasion, I can certainly state that he was a pleasant man and there was never any problems getting along with himThroughout the course of his loan there were a combination of health issues and financial setbacks with respect to both himself and his son [redacted] and we were able to help him out with payment plans, as well as last summer help him out with a service issue, and were happy to do soThe service issue was however in no way related to the present concern Second I’d like to point out that since receiving this complaint I have taken the time to thoroughly research the matter as this was the first time any issue was raised with respect to the vehicle’s frameAt the time this vehicle, a [redacted] with miles, was sold Feb 6, 2015, Auto Credit did not have its own service facility, rather at that time all service work and NYS Inspections on our inventory was sublet to independent outside garagesIn the case of this vehicle, where there was a significant amount of pre-sale service work done to the unit, by two different facilities, there were however no bills for any frame work, replacements, patches, welds, nor was the issue raised by the inspection station who passed it at that timeWith the issue now being raised over years later and since over 20,miles has been put on the vehicle, our best guess is that the vehicle did have some frame repairs/patches at one point and time prior to our acquisition of the vehicle, and since that time with its use though a couple of salty northeast winters, that prior work must have deteriorated Additionally it is worth noting that since Mr [redacted] purchased the vehicle he would had to have gotten it re-inspected the following yearHe did contact me last spring stating that his inspection was overdue and needed some help with some engine work before whomever he was taking it to out in his area could do itHe had some health issues at the time and a couple of appointments were made for him that he couldn’t keep, however come July he did come in, had some work done, returned in August to have the second leg of that work done, which cleared up his problem, and as far as we are aware he then got his inspection doneWe of course have no knowledge as to whether the facility that did it for him raised any frame issues or notThe work that we helped him with had to do with check engine light and emission codesAn Osensor was replaced and an Evap part was replacedSince August through Mr ***’s passing this January, there were no other discussions or follow ups with him to the contrary Now when Mr [redacted] passed there was initial contact from Ms [redacted] , however upon my inquiry it was learned that [redacted] ’s wife [redacted] was POA and executrix over his affairs and so I discussed the matter directly with herIt was agreed that the vehicle would be parked in their front yard for sale and we would waive insurance coverage requirements being that it was parked, and further that under the circumstance with their son ***’s condition having deteriorated whereas he would never be able to do anything about the loan or the vehicle, that we would accept whatever could be obtained from the vehicle as a short saleIt wasn’t until early last month that a message was forwarded to me and I updated the file to reflect that Mrs [redacted] had changed course in that she felt she could not sell the vehicle considering problems with itAt that time I slated the vehicle to be picked up however we also suffered a loss about that time whereby the individual who regularly does this work for us also passed away We apologize for the delay in picking up the vehicle, and it will be accomplished shortly, however there are no refunds warranted or appropriate in this caseWhat we have conceded to do under the circumstance however is that upon retaking and disposition of the vehicle, any deficiencies still owed will be written off whereas normally the cosignor Mr [redacted] would still be liableWe are fully aware from discussions with Mr [redacted] prior to his passing and well as reiteration by Mrs [redacted] that since the injuries he sustained in service to his country, with how seriously they have worsened to the present day, that he would never be able to address this, and we have agreed to take no actions seeking that he do so Sincerely, Paul S Operations Manager

I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaintFor your reference, details of the offer I reviewed appear belowIn the state of New York, Civil Usury is any percentage charging over 16%, I am paying 22.998%Thus, for breakage of statue making my contract be voided. (Note additional links provided.) https://***.comhttp://***.com
Regards,
*** ***

On July 28, 2015 [redacted] did come to our facility and did browse our lot looking at vehicles and was assisted by salesman Vito. She proceeded to fill out and sign a credit application authorizing us to check and verify information provided and as to the issue of employment and income, she...

provided proof in the form of a document from the county dept of social services /  vendor remittance statement, and she stated she is a day care provider. Unfortunately she was informed that we could not process her application because the aforementioned documentation was in someone else’s name. As such it did not provide proof of any employment or income with respect to Ms [redacted] but rather only with respect to another party, and furthermore this party was not a co-applicant to her loan application. On Aug 11, 2015 a courtesy call was placed by salesman Vito to see if her circumstance had changed in any way or whether there was any follow up proof or clarification she had obtained with respect to her employment / income, and if so whether there was anything he could to do to continue to assist her. At this time the complainant Ms [redacted] lit into the salesman, unnecessarily screaming at him, insulting the company, and quite inappropriately hurling obscenities. Through this she demanded to speak to the owner who was not available and alternatively she was put on the phone with Vito’s sales manager Ryan. He spent about 10-15 seconds listening to further screaming from Ms [redacted] at which time she hung up on him. The only further correspondence or comment from Ms [redacted] is the complaint made herein. Our company strives to help every customer possible, in a courteous and professional manner, and treat everyone fairly in the process. Whereas we may go out of our way to help customers overcome obstacles and challenges that other financing agencies may be unable or unwilling to do, one thing we cannot overcome is the problem placed in front of us with the documentation Ms [redacted] provided as described above. The explanation given to her was not an accusation as she apparently perceived it to be but rather was a statement of fact! As such, if Ms [redacted] were able to provide further, verifiable, proof of her employment / income, we would be happy to proceed to process her application, however in the absence thereof, respectfully, there is simply nothing we can do for her. Yours truly, Paul S.Operations Manager / L.L.O. / C.O.

First let me express our condolences once again to the family of Mr [redacted]. Having had the opportunity to personally deal with [redacted] on more than one occasion, I can certainly state that he was a pleasant man and there was never any problems getting along with him. Throughout the course of...

his loan there were a combination of health issues and financial setbacks with respect to both himself and his son [redacted] and we were able to help him out with payment plans, as well as last summer help him out with a service issue, and were happy to do so. The service issue was however in no way related to the present concern.
Second I’d like to point out that since receiving this complaint I have taken the time to thoroughly research the matter as this was the first time any issue was raised with respect to the vehicle’s frame. At the time this vehicle, a 2002 [redacted] with 78014 miles, was sold Feb 6, 2015, Auto Credit did not have its own service facility, rather at that time all service work and NYS Inspections on our inventory was sublet to independent outside garages. In the case of this vehicle, where there was a significant amount of pre-sale service work done to the unit, by two different facilities, there were however no bills for any frame work, replacements, patches, welds, nor was the issue raised by the inspection station who passed it at that time. With the issue now being raised over 2 years later and since over 20,000 miles has been put on the vehicle, our best guess is that the vehicle did have some frame repairs/patches at one point and time prior to our acquisition of the vehicle, and since that time with its use though a couple of salty northeast winters, that prior work must have deteriorated.
Additionally it is worth noting that since Mr [redacted] purchased the vehicle he would had to have gotten it re-inspected the following year. He did contact me last spring stating that his inspection was overdue and needed some help with some engine work before whomever he was taking it to out in his area could do it. He had some health issues at the time and a couple of appointments were made for him that he couldn’t keep, however come July he did come in, had some work done, returned in August to have the second leg of that work done, which cleared up his problem, and as far as we are aware he then got his inspection done. We of course have no knowledge as to whether the facility that did it for him raised any frame issues or not. The work that we helped him with had to do with check engine light and emission codes. An O2 sensor was replaced and an Evap part was replaced. Since August through Mr [redacted]’s passing this January, there were no other discussions or follow ups with him to the contrary.
Now when Mr [redacted] passed there was initial contact from Ms [redacted], however upon my inquiry it was learned that [redacted]’s wife [redacted] was POA and executrix over his affairs and so I discussed the matter directly with her. It was agreed that the vehicle would be parked in their front yard for sale and we would waive insurance coverage requirements being that it was parked, and further that under the circumstance with their son [redacted]’s condition having deteriorated whereas he would never be able to do anything about the loan or the vehicle, that we would accept whatever could be obtained from the vehicle as a short sale. It wasn’t until early last month that a message was forwarded to me and I updated the file to reflect that Mrs [redacted] had changed course in that she felt she could not sell the vehicle considering problems with it. At that time I slated the vehicle to be picked up however we also suffered a loss about that time whereby the individual who regularly does this work for us also passed away.
We apologize for the delay in picking up the vehicle, and it will be accomplished shortly, however there are no refunds warranted or appropriate in this case. What we have conceded to do under the circumstance however is that upon retaking and disposition of the vehicle, any deficiencies still owed will be written off whereas normally the cosignor Mr [redacted] would still be liable. We are fully aware from discussions with Mr [redacted] prior to his passing and well as reiteration by Mrs [redacted] that since the injuries he sustained in service to his country, with how seriously they have worsened to the present day, that he would never be able to address this, and we have agreed to take no actions seeking that he do so.
Sincerely,
Paul S.
Operations Manager

[redacted]On Feb 18, 2015 Ms [redacted], a [redacted] resident at the time, did indeed purchase and finance one 2004 [redacted] with 115,339 miles for $7295 from Auto Credit of Jamestown, NY. (For clarity, the purchase price was not $8980 as specified in her complaint). A significant amount of...

used car prep work was done to the vehicle in the month prior to her purchase and it passed a NY State Inspection. As a NY dealer using NY repair facilities, it was not however inspected in [redacted]. Along with Ms [redacted]’s purchase, despite the fact that the vehicle had over 100,000 miles and could therefore be sold as is whether in NY or **, she did however receive a limited warranty. This warranty, to which she has a copy, covers certain major items in full for 30 days or 1,000 miles, plus has 50/50 coverage on normally excluded items, and further came with a guarantee that any work or parts discovered necessary, if any, once she goes to get her ** Inspection done, would be covered. With the inspection rules being different from each other in the states of NY & **, it does from time to time occur whereas a vehicle will pass one but not the other. This did happen in her case and the first attempt in early March at ** Inspection failed due to a marginal tire and the necessity of a minor subframe repair. Said repair was performed by us at a garage we contract with here in NY, as well as the installation of a matched set of 2 new tires. Upon her taking the vehicle back to the (unaffiliated with the former) garage in ** it did pass the ** Inspection. There were no further issues until Ms [redacted] contacted us with the problem of having blown a brake line. She indicated that she had purchased parts to fix the problem and already was doing the repair herself (with a private individual helping her) and asked if we would reimburse her the cost of said parts. She references this in her complaint alleging that we promised to do so but never followed though. “In fact we did promise to reimburse her as a goodwill gesture (not warranty obligation) and did indeed follow through by sending her out a check on June 9, 2015. Prior to responding to this compliant I first verified with the bank that said check had been cashed and it did in fact clear our bank on June 17, 2015.” As to the subsequent problem Ms [redacted] is having which follows having prior work done by an uncertified private individual, it is unfortunate that caliper seizure wasn’t noticed as she alluded to, and certainly this is not something we can be responsible for, in addition to the fact that she has taken the vehicle out of the area, not being accessible to us in [redacted]. As to the issue of rust, welcome to the Northeast where many municipalities foolishly continue to use salt to treat winter roads as opposed to non-corrosive sand & grit despite protests against this practice. It’s a difficult issue to deal with as certainly no one has a crystal ball to be able to see generally speaking just how rusted a part may be and when it may therefore malfunction. If and when it happens it’s just something a northeastern car owners and dealers know they have to deal with. In Ms [redacted]’s case at least she did have the help of a dealer that as aforementioned was willing to reimburse her parts cost. As to the issue of [redacted] or [redacted] or other guide values, they are exactly that, guides. They are subjective and running a [redacted] value on this car as purchased yields a suggested retail of $4140 within a range of $4383 or even higher, but again as just a guide, whether the complainant agrees with that is simply irrelevant, and furthermore does not take into consideration the financing premium and the fact that what she presently owes is reflective of making payments with interest, not an outright cash sale. As to Ms [redacted]’s comments about being a 21 year old female by herself, I will not hesitate to vehemently defend our record of fair treatment, full disclosure, and the same square deal for all of our hundreds of customers regardless of their age, gender, race, relationships, station in life and other demographics, and the fact that we take to heart and quite seriously all equal opportunity and fair lending practices and rules. In business for over 25 years providing a valuable service to Western Ny and Western ** customers, we pride ourselves on being a “more than” reputable organization and stand by both our programs and our record. In closing, whereas I do sympathize with the frustrations of having used car problems, I cannot agree to the complainant’s assertions or her request for a full refund. As a valued customer, I will however suggest that a better course of action, rather than making certain allegations herein, would be to ask for help with parts cost as she did before as she may have found us again receptive to such a request.   Yours truly,   Paul S. Operations Manager Auto Credit of Jamestown

First our apologies for the delay in answering this compliant, though filed by the consumer 12/30/16 we were not aware of such and did not receive the correspondence herein from Revdex.com until 1/27/17, from which this answer comes within the 14 day guideline.   Having thoroughly reviewed this...

matter, our answer is as follows:   It is correct that on 3/16/2015 Ms [redacted] purchased one 2005 [redacted] with 125333 miles. She purchased the vehicle for $7995 and presently owes $2758.31 plus a repair balance of $644.74 and a repair balance of $438.39 for a total of $3841.44. Regardless that NYS does not mandate warranty coverage on vehicles over 100000 miles, Auto Credit does provide some courtesy warranty coverage on all vehicles sold and such was the case with Ms [redacted]’s purchase. Auto Credit has stood by our customer and our warranty and actually honored it with goodwill repairs done on the customers behalf beyond the warranty period. On 6/25/15 a minor repair of a fuel line was covered for Ms [redacted], and on 1/7/16 a coil pack was replaced for Ms [redacted], in both cases there being no charge to her.   It was not until early April of 2016 that she contacted us and explained that she had her vehicle at [redacted]’s garage and was having work done for expiring inspection. It is important to note the following: That Auto Credit did not facilitate her taking her vehicle there;  that Auto Credit had not previously – before or after the sale – had any work done to this vehicle at [redacted], that Auto Credit learned of this only after the customer informed us and after they had already done a considerable amount of work; That Auto Credit does not own or control [redacted], and further that their garage is an independently licensed facility to which they alone are responsible for, and as such Auto Credit bears no responsibility for their work, performance, or customer relations.   It is correct that at that time Ms [redacted] discussed with us her frustration with this other facility, her desire not to be charged any more money by them, and her desire to pull her vehicle from their garage. They had already done about $1200 work of work and were giving her further estimates she felt was too much including the need for a catalytic converter that she has referred to.   Because of Ms [redacted]’s relationship with us as our customer and because of our lienholder interest in her vehicle, in order to protect said interest as well as help her, we agree on 04/16/16 to pay $1254.25 to [redacted] on her behalf for them to close out their bill with her and release the car to her. She signed for the bill as well as a promise to us to repay said bill at $75.00/biweekly beginning 4/22/16.   It was the following month that Auto Credit was first opening our own repair facility and we committed to Ms [redacted] to do the additional work she still needed at a later date and at lower parts costs and labor rate. Therefore we began the process of obtaining her a replacement converter. Unfortunately and as was explained to Ms [redacted], due to updates by NYS and memorandums issued by NYS DEC as to the enforcement of California emissions rules that also pertain to NY, catalytic converters for many vehicle makes during this time period were on national backorder, in some cases for months. Though federal rated converters are available for many vehicles and are much less expensive, because of NY rules they cannot be used in many cases and only California rated converters may be used, and whereas this has caused consumers delays and additional cost, and where we are sympathetic to such, it must be understood that there is nothing we can do about such.   That issue aside, Auto Credit did work on a national search to locate Ms [redacted] the most inexpensive yet properly rated replacement converter we could find and Sept 2016 we had one shipped in. Prior to this on 9/2 we did attempt to treat her existing converter in hopes at best that the treatment would either save the converter or at worst at least prolong it’s life until replaced. She drove the vehicle for a period of time and returned and it was determined that the treatment was ineffective and so we did install the replacement converter for her. On 9/2 an estimate was done for her and she also needed an exhaust weld and a right lower ball joint replaced. On 9/23/16 the work was completed and she signed for the total $511.82 bill including tax to which she agreed to repay at $20.00/biweekly. At this same time due to some financial hardship she discussed with us, we agreed to let her reduce her payments on the aforementioned bill to only $30.00/biweekly.   At this time it was disclosed to Ms [redacted] that with a converter being replaced the vehicle will have to be driven again before the codes will cycle and we can make an attempt to inspect the vehicle (which cannot be done with codes present), and further that she may still need to have a #4 coil or possibly an injector replaced, but until driven and the converter codes are cycled we could not yet determine that for sure. She was to make an appointment for approximately a week from then. That appointment however was never made.   The next time we saw Ms [redacted]’s vehicle was a day at the beginning of December during which time we were experiencing a cold snap and she called stating she thought something was wrong with her gears and she couldn’t get vehicle to move out of her driveway. Our service manager had her vehicle brought in and the same day, at no charge to her, checked it out and determined it had simply been frozen. He tested the vehicle through all forward gears and reverse and there was no malfunctioning. He then spoke with Ms [redacted] by phone to let her know such and she could pick up her vehicle at which time she questioned getting the vehicle inspected and he explained to her that she has a misfire code present and therefore it cannot be at this time. She was reminded of prior diagnosis that the vehicle may need some additional work for a misfire code and apparently it does, and when questioned about getting the work done she stated she could not spend the money at this time and declined. It was 3 days later she picked up her vehicle and we have not seen it again since.   Auto Credit prides itself on the products, services, programs, and customer service it provides to our consumers and does not hesitate to go the extra mile in working with our customers on any number of issues. Such has been the case with Ms [redacted] as we have been understanding and have diligently worked with her on payment issues, and it’s worth noting that by right she should owe $1011.69 less on her loan balance than she presently does. That said we are happy to continue to work with her as such and despite this complaint still consider her to be a valued customer. As far as her vehicle service concerns, it is likely that it would only take another $150-200 in work to get the vehicle inspected and we would encourage her to look into that as soon as possible. As for her concerns about prior work done at a different garage she simply has to take that up with them.   Finally, whereas we are happy to sit down with Ms [redacted] and explore modification options to her benefit on her existing accounts, or early payoff options and perhaps some discount therein, or perhaps trading her out of this vehicle, we cannot however simply cancel her debt and waive her obligations as suggested.   Yours truly,   Paul S.  Operations manager

Customer did purchase and finance one 2001 [redacted] on May 14, 2015. Said vehicle was purchased with 120,763 miles, and while by law it was therefore not subject to lemon law and able to be sold as-is, Auto Credit did however provide for 30 day 1000 mile full warranty coverage on certain listed...

items and 50/50 coverage on all other unlisted items. The customer did request warranty coverage on one occasion August 6, 2015 for a front left brake issue at which time the vehicle now had 126,514 miles, and as such was not actually under warranty; however as a matter of goodwill we did cover the repair performed at a garage she had taken it to in [redacted], NY. On Sept 9, 2015 we were contacted by the customer who had the vehicle at a garage she took it to, this time in [redacted], NY, and she stated there was a starting problem, and further relayed information that it was believed to be an issue with the ignition and additionally that it may be under recall. We helped the customer by providing a courtesy tow to the [redacted] garage that is a member of our auto group, as with a recall issue only a [redacted] franchise garage can perform such repairs in order to be covered by the manufacturer. They replaced the ignition and unfortunately it was learned that though there was an ignition related recall open, the repair necessary did not fall within the auspice of the recall and as such there was a charge for the work performed.  Feeling for the customer’s plight over the recall misinformation, we again we helped the customer by covering the repair for her under our goodwill policy even though we had no legal obligation. Note: at this time the vehicle now has 128,578 miles. On Sept 28, 2015 we were informed by the [redacted] garage that this customer’s car had shown back up at their facility overnight and apparently the customer communicated that the car stalled and wouldn’t start and that it was brought back with the assumption that it may be related to the repair performed a few weeks earlier. [redacted] garage then indicated that this wasn’t the case and that it started up on first try and drove into their garage where they performed a diagnostic on it. They did find some carbon build up on the throttle body causing high idle, which they cleaned, and which “may” have been causing it to stall on occasion, and further recommended coils, plugs, plug wires, and a weak battery be replaced. A conversation with the customer took place in which she asked for the repairs to be done and that she be allowed to charge it. We then moved the vehicle to an independent garage we contract with at lower labor rate, the repairs were performed and the customer signed papers agreeing to repay the costs thereof that we paid on her behalf. Note: at this time the vehicle now has 129,431 miles. On Oct 16, 2015 we were contacted by the customer stating the car wouldn’t start again and alleging that the work performed at the independent garage ** Auto referred to above must not have been done because she has the same problem despite the fact that the car not starting could be due to any number of reasons. Although the customer stated she has triple A coverage she wouldn’t engage them to tow the car to the garage, that she had already used them to tow the car to her residence, and so she was advised that while we can contract an agency to tow the car in, unless the garage were to cover it, she would be responsible for the bill at our cost. The garage determined that the problem was unrelated to prior repair, that the starter had burned out, the replacement part was therefore ordered and the work was done, and she was advised to the amount due that would be charged to her account. Note: she did not sign updated paperwork as she came after hours and took the car.  On Nov 5, 2015 she again contacted us with a no start problem, the vehicle was towed back to ** auto (and subsequently she did not end up being charged for it). The garage determined that the replacement starter burned out again, assumed it to be defective, was able to get the part under supplier’s warranty, and did not charge any labor cost. The battery was also determined to have burned out and was replaced. The customer was now in direct contact with the garage throughout and any guarantees and advisements as to how to handle any further starter problems, such as not killing another battery or causing incidental subsequent damage, if any was direct from the garage owner to the customer. Note: vehicle now has 130,198 miles. On approx Nov 16th the customer contacted the garage again, as well as us, informing us that the vehicle is at her residence and would not start and she was told to get the vehicle towed to ** auto. A couple days later she is on the phone again demanding action, however upon contacting the garage to see what was going on it was learned she never had it towed in, and this is despite the fact that during this phone call she apparently had a towing agency there trying to jump the car who finally informed her they would not keep trying as it wouldn’t do any good. They also questioned towing the car somewhere but she refused to pay for it so they did not do so. Though anything is possible, the presumption that the parts supplier could have provided the garage 2 defective starters in a row is highly unlikely and attempts were made to try and explain to her there may be something else going on that will need checked out. The garage ha agreed to go get the vehicle with their trailer however informed it was being repaired and would be a couple days before they would be able to do so. The customer not willing to accept this again was making calls making demands and the garage proceeded to go to the vehicle with another replacement starter and installed it on site. The garageman tested it and it is in working order with a guarantee from [redacted] Auto parts and it was determined that something is causing the starter to continue running after the car is started and the longer the car is driven in this condition the more likely the starter will burn out again. As such the previous replacement starter probably was not in of itself defective at all. The customer was advised all this and that it needed to be brought into the gargage with all equipment on hand to diagnose properly. It is probably as simple as a relay switch being burnt out needing replaced but that could not be determined on site. The customer was advised by the garage that where everyone understands and sympathizes with the frustrations of used car problems, both the dealer and the garage have extended goodwill and have covered above and beyond any legal obligations. At this point she needs to take action and either bring it back to ** auto as aforementioned or bring it anywhere else she chooses as she is the owner of the vehicle and responsible for upkeep outside of any warranty coverages to which there are none in force. Now it needs to be understood as to the difficulties in dealing with this customer that made the situation worse and any amicable resolutions virtually unattainable. The customer is, and has been since the beginning of October, in default on her payment obligations and not only with respect to the car loan payments but also the repair balance she was allowed to charge back in September. The customer has continued to misrepresent her address, even at present on this very complaint as she does not live at [redacted], [redacted] residence, but rather does live at the apartment facility [redacted] St, [redacted]; which was only finally admitted the first time we got the vehicle towed for her Oct 16th. The customer has made other misrepresentations such as; things that were wrong with the vehicle that were not such as windows?; such as asserting in a recent phone call that she has had the starter replaced 9 times and the battery 4 times which is either an untruth or she has had others outside our knowledge work on the vehicle to which we would bear no culpability; such as certain items being a problem from day one which is simply impossible as if that were true she could not have put approx 10,000 miles on the vehicle since she has owned it; that she has incredulously paid over $3000 in towing which she has not; that she was only able to drive the car 3 days for the whole months of September and October despite the fact that she put close to 1,700 miles on the vehicle during that period; and such as the fact that she has had the vehicle at other facilities, 2 of which are known, others unknown, and the point being that the customer needs to disclose what other facilities has or have not done, both to help resolve issues, but also because we cannot be responsible for what others do, however customer has refused to be forthcoming with these details; and finally, that there was a car fire the fire dept has to put out which resulted in her making an insurance claim, the truth being that she smells the starter burn out but there was no fire as witnessed by the garage and by us inspecting the vehicle, the fact that though asked she has not shown anyone a fire report confirming her assertion, and lastly that she sent an insurance agent here to look at the vehicle despite the fact that she had taken it the night before. She then had the audacity to accuse us of giving her insurance company the run around regarding her claim that actually does not exist. As loss payee we rightfully checked with her insurance company to verify if there were any legitimate claims open by her on this vehicle and there are not. Furthermore, the customer has made assumptions, assertions, allegations, and outright insults on many occasions with no basis in fact for such, one of said allegations appearing in the complaint to which to accuses us of “owning with kick backs” the independent garage referred to earlier herein. We do not own that business in any way and we aid a customer in getting repairs done at our cost it is exactly that, cost without mark up, a service we provide to our customers. She also alleged in her complaint that she had to cover “car rental as they claimed they pay that come to find out they indeed have not paid” yet nowhere, whether verbally or in writing, has it ever been stated, to her or anyone else, that we cover costs of rental cars which is a customer’s choice and responsibility.  Additionally, there are the discussions with the customer which in of themselves have been one of the most difficult parts. A customer making fantastical statements does not help figure out a problem and a customer yelling and screaming incessantly over and over again with profanity ridden language does help either. Furthermore the customer demanding the impossible or unreasonable must be noted as well; for example, telling a customer that you will do something tomorrow should not result in harassing phone calls 5 more times today demanding something be done that has already been stated it cannot be until tomorrow, or a parts order that will be 2-3 days the customer demands in 2-3 hours, or the customer has been told we will get you a loaner car as soon as one is available, which is a courtesy, none are available at this time and the next one due to return is this evening or tomorrow morning and no we cannot reach that other that person right now, yet a short while later this customer shows up and makes a huge scene, goes on a tirade disturbing other customers, disrupting our business and so much so we had to warn her to cease or leave or even face the authorities having to come to remove her. One other instance of note would be the conversation that took place this past Friday during which after having called several times already on another tirade, the customer stated point blank that she will as she desires call and “harass” us every 5 minutes all day long, the response to the customer being that harassment bordering on the potential of criminality will not be tolerated and would be referred to the authorities. In closing we come to what transpired this morning. We received an email correspondence from the customer sent over the weekend stating that she’s surrendering the car, that she removed the insurance and plates (which she did not and we now have to surrender to the state with the repo papers), and that if we don’t have it picked up by Noon today it will have been taken to the dump (which with a lien she has no right to dispose of, nor would a dump have the right to accept it), and that’ she’s done so don’t bother sending any letters (which by law we are required to do and therefore will regardless). There is apparently no resolution for this customer who further stated in the aforementioned correspondence that in effect, don’t even bother with her, “there’s nothing we are going to get”. So we will now according to proper procedure process the vehicle and her defaulted loan which is the state she has chosen to leave this matter, and the consequences thereof will be determined in accordance with the terms of her contract, large swaths of which she has unfortunately chosen to either ignore or redefine in her own mind, though obviously unrealistically so.   Sincerely,   Paul S., Operations Manager Auto Credit

The consumer Ms [redacted] has indicated a rejection of our original response but does so by now offering a rebuttal complaint concerning the interest rate on her loan contract which has absolutely nothing to do with her previously stated concerns. Therefore we shall perceive our original answer to be satisfactory and accepted fact with regard to Ms [redacted]’s concerns over the service (mechanical issue). As to Ms [redacted]’s rebuttal concerning her interest rate, to which she included a copy of her retail installment loan contract and security agreement showing an APR of 22.998, and a web page from a law firm discussing maximum interest rates and usury in NYS with regards to “private” loans made outside of the banking establishment, to which her loan in question is not.   As stated on this web page she provided; “when it comes to determining at what rate a particular interest charge becomes actionable on a civil basis (where a borrower can object to the terms of the loan), and at what rate the charge may actually expose the lender to criminal liability. For example, a provision in New York’s General Obligations Law sets forth the principle that a lender may not charge over a certain rate of interest, but to learn what that rate is, one must refer to a section of the Banking Law”; and, “a complete overview of usury laws is well beyond the scope of this piece”; and, “The information provided above is intended to help the reader understand the nature of some of the basic issues involved in determining the amount of interest chargeable in New York private lending transactions”; and, “we suggest that, in the event that a legal question arises concerning the extent to which a particular loan transaction is usurious, advice from a knowledgeable attorney be obtained”.   In fact Ms [redacted]’s loan is one that is a regulated consumer transaction that does fall within the banking establishment rules, and furthermore is a loan with Auto Credit who is a licensed sales finance company (aka a licensed premium finance company) which incidentally can be confirmed by the Revdex.com. As such Auto Credit may charge up to 25% APR on any and all auto loans we issue pursuant to our charter and NYS law. For your reference: Banking NYSBL 14-a(1) Re: Usury, Interest Rates; a brief overview on usury and interest rate caps in New York State. The NYS General Obligations Law § 5-501 through § 5-531 ("N.Y. Gen. Oblig. Law") and Banking Law § 14-a(1) govern interest rates on most loans made in New York State. Personal loans can be made by anyone, to anyone at 16% per annum or less under all circumstances. Loans made at rates exceeding 25% to any person or entity are generally criminally usurious (N.Y. Penal Law § 190.40). There are certain types of loans that may charge interest rates of between 16% and 25% per year. Licensed premium finance agencies can make certain loans at rates over 16%. [T]he legal rate of interest in New York, as set forth in Section 14-a of the Banking Law, is 16% per annum. Consequently, the general rule is that, unlicensed nonbank lenders may not charge more than that rate on the small loans within the purview of Article IX. If such lenders obtain an Article IX license, they may charge interest up to 25% per annum on the small loans. In fact Auto Credit is a licensed lender, Ms [redacted]’s contractual obligation at 22.998% remains so, and we therefore rightfully reject her call for her contract to be void.   Yours truly,   Paul S. Operations Manager Auto Credit of Jamestown

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.
As reading what has been wrote my the owner I am not pleased he was pleasant to me on the phone and my sister is my witness to how I was spoke to he was harressing me on the phone laughing at me telling me he was going to report me to child care for fruad I am not fruading no one never have never will I never hung up on anyone I told the manager that I was reporting this to the Revdex.com because of how I was being talked he didn't treat me with respect as I we as respecting Vito at first until he started being rude and hung up on me I have witnesses  and I have proof of income . I have never in my life been disrespected and treat as if I am a lying I spoke to the owner yesterday and  told him everything and for it to be turned around on me is wrong. How can u allow Ur employes to treat customers like that it is wrong. And to sit the and lie about what was said to just cover your self is wrong to I have nothing to lie about I cab take my business somewhere else if this is how I am going to be treated and I'll make sure I tell people my experience.... All I'm asking is be shown respect how hard is that?  MY sister said that she's willing to testify on everything and what she heard. 
Regards,
[redacted]