Liberty Subaru Inc.

To Whom It May Concern-
Below please find an email from Mr. [redacted] (which was forwarded to me from my Sales Manager, Dan [redacted]), along with my response.  This issue was resolved before Mr. [redacted] filed this complaint.
Please call with any questions...I can be reached at...

###-###-####.Rick [redacted].
General Manager
Liberty Subaru
 
 
Dear Mr. [redacted]-
Thank you for bringing to our attention the duplication of the refund check for your tire tax…I appreciate your honesty in its return.
Regarding the refund of your Service Contract and Maintenance Contract…as you are aware, those contracts are part of the loan that you took on your new Subaru.  Once the loan is approved and the paperwork is executed at delivery, it is sent to the lienholder for funding.  Concurrently, the information for these contracts are transmitted to Subaru electronically.  Once this is done, Subaru charges the dealership on a monthly statement.  Just like any other bill, purchases from one month are on the bill the following month, and we cannot request a refund until we are charged.  Since your purchase occurred in the month of December, we were charged on our January statement.  We submitted your cancellation request in January (after we were charged), and we received your refund on our February statement, which we received on March 1.  It takes a few days for my office staff to process this 60 page statement, so your refund check (check # [redacted], in the amount of $3,023.66) was cut last Friday, March 4.  As these contracts were part of your loan, the check has been sent to Subaru Motors Finance, who will process it and apply it to the principal of your loan.
As you can see, your request was processed in a timely manner, and everything is proceeding along a normal timeline.  I apologize if this was process not clearly explained to you.
Rick [redacted]
Liberty Subaru
Liberty Hyundai
[redacted]
 
From: Dan [redacted] Sent: Wednesday, March 09, 2016 6:31 AMTo: Rick [redacted]Subject: FW: Amount owed by Liberty Subaru
 
Daniel [redacted]
Sales Manager
###-###-####
Fax   ###-###-####
[redacted]
 
From: [redacted] Sent: Wednesday, March 09, 2016 12:15 AMTo: [redacted]Cc: [redacted]Subject: Amount owed by Liberty Subaru
 
Liberty Subaru
Attn: Finance Department
[redacted]
Emerson, NJ 07630
To whom it may concern:
Sub: Refund of $3,023.66
I have received a check for $7.50.  This check represents the refund of wrongly charged NY tire tax. Please note that this amount was already refunded to me and I am mailing the check back to Liberty Subaru.
I am still waiting for the refund of $3,023.66(canceled Maintenance Plan $1,295.08 and Extended Warranty $1,728.58) due to me since 12/23/2015.
In the absence of a resolution on this matter by 03/15/2016, I will take it to the New Jersey court.
Sincerely,
[redacted]
[redacted]
Valley Cottage, NY 10989

Review: On July 21, 2014 I went to the Liberty Subaru in Emerson to purchase a Subaru Forester. I started talking to a salesman when I walked in but he suddenly said he had something pressing to attend to and was passed on to a less enthusiastic salesman. This salesman told me about one type of warranty program but a few minutes later when I spoke to a finance manager he tried to sell me another type of warranty policy. I gave them a $500 to hold the car for me. On a July 23rd I called to asked the salesman some questions and left him a voicemail but he never returned my call. I was so put off by this poor customer service that I chose not to purchase the vehicle from them. On July 26th I finally reached the salesman to let him know I no longer wanted the car and he was extremely unprofessional and rude to me on the telephone. I left a voicemail with the manager and wrote him a letter requesting the return of my $500 deposit but no one has gotten back to me.Desired Settlement: Just want my $500 back for a car I did not purchase. Their policy of a non refundable deposit Is ridiculous and has to be illegal.

Business

Response:

On July 21 Ms. [redacted] purchased a 2014 Subaru Forester, and left a $500 non-refundable deposit. Liberty Subaru does not accept deposits to "hold" a car, but will only accept a deposit when a customer is committed to purchasing a vehicle. Ms. [redacted] demonstrated her commitment by fully executing a buyers order, completing a credit application, and leaving a $500 non-refundable deposit. At the bottom of Liberty Subaru's buyers order appear the words "THIS ORDER NOT SUBJECT TO CANCELLATION-DEPOSIT NON-REFUNDABLE in 1/4 inch high, red bold type.Ms. [redacted] was scheduled to pick up her new Forester on Thursday, July 24th at 10am...three days later. During that time, Liberty Subaru's finance department invested the resources necessary to secure Ms. [redacted]'s financing at the best rate available from Subaru Motors Finance, and produce all the paperwork associated with the purchase of her vehicle and the related financing. Additionally, Liberty Subaru's service department expended the resources necessary to have the vehicle prepared for delivery.On Wednesday, July 23rd, Ms. [redacted] did call Liberty Subaru and left a message for her salesperson to call. Unfortunately Wednesday is his day off, so he did not receive the message until he came in at 9am on the 24th. As Ms. [redacted] was to pick up her new car only an hour later, he elected to speak with her directly when she arrived instead of calling her back.When Ms. [redacted] failed to arrive at the dealership at her appointed delivery time, her salesman called and was informed that she was unable to take delivery that day, and asked to move the delivery back to Wednesday, July 30th, which he agreed to do. At that time, Liberty Subaru's finance department re-produced all of the delivery and finance paperwork to reflect the new delivery date.On Saturday, July 26, Ms. [redacted] called to advise her salesperson that she got a better deal and bought the car somewhere else.The decision to not refund Ms. [redacted]'s deposit was based on Liberty Subaru's clearly stated refund policy, and the fact that Liberty Subaru expended considerable resources to secure financing, produce and re-produce the all of the necessary paperwork, and prepare the car for delivery.

Consumer

Response:

I am rejecting this response because: the message I left the salesman said I was not able to pick up the car on that Thursday. If he had listened to it he should have known I wasn't to coming in and should have called me back. I waited 4 days to hear back from him. When he finally called me back he was extremely rude.I also was told from other Subaru dealerships that it is illegal for a dealer to keep a deposit if a car was not purchased. Only disreputable car dealerships do this.

[redacted]

Review: My vehicle was towed into this dealership on 10/6/15, I had spoken to Wayne first and Jose second, Bob(service manager) took care of the tow driver once he arrived(i was not with the vehicle). ON 10/7 @ 11:10am Bob called and stated "the cars a disaster its all modified and stuff" So it may not be covered under warranty and would be 120$ to diagnose, I agreed but did not trust him immediately. He also asked me what the problem with the car was I told him the steering wheel was locked and the car would not start because the wheel would not unlock, it is a built in safety feature. He argued that that does not make sense and is false. Bob called back 10/7 @ 4:07pm, states my steering gear is stripped out and probably would not be covered under warranty because its not something that just happens, and something must of been done to it or caused it. He then states he will call back 10/9 and advised if it is covered under warranty. He called 10/9 and states its $240 for diagnosis I need a Body control module. I asked about the steering gear, he said we were wrong, I never approved further diagnosis after the previous call on 10/7 he said well its $240. I Called Subaru and left a voicemail for the Eastern Region Manager. She called back 10/13, I advised of concerns and proceedings to this point, she stated she would take care of all bills and advise dealership as to such. I was told to remove aftermarket lighting so I sent a tow driver to pick up my car 10/15,, upon receiving my car back I found the dash board torn apart still with my steering gear hanging by 2 electrical wires dangling, the bolts for the steering gear stripped out laying on floor. Dash panels on passenger seat, wires hanging everywhere. Also found rear seats to have mildew stains and to be covered in water(back seat was folded down and bone dry) sitting area soaked. Vehicle on video surveillance before and after tow showing not tampered with. Tow driver willing to verify condition on both trips.Desired Settlement: I've contacted the GM several times via Voicemail with no answer. I am requesting my vehicle be repaired free of charge, also parts left uninstalled reinstalled PROPERLY, not with the removed stripped bolts or shotty workmanship. Also compensation for being without a car for the past 2 weeks as I asked for a loaner car twice while my car was being worked on, car insurance paid and car loan paid while at dealership. Last but not least the interior of the vehicle fully detailed. If smell can not be removed the seats need to be replaced.

Business

Response:

Mr. [redacted]s car was towed to Liberty Subaru because the steering wheel was locked and the car would not start. The lower dashboard had to be disassembled to access the motor that actuates the ignition lock to diagnose the problem. Upon dis-assembly, the technician verified that the motor was not actuating as it should, and that the plastic gear inside the module that actually moves the steering lock pawl was stripped, necessitating the replacement of the module. Mr. [redacted] approved the replacement of this module. While the gear inside the new module properly engaged the steering lock pawl, it was not being activated as it was supposed to. Upon further diagnosis to figure out why the new unit was not being activated, it was discovered that the Body Control Module (computer unit that controls interior functions) had failed due to a short circuit to ground. This short circuit was caused by aftermarket electrical equipment improperly installed in the vehicle. This short circuit caused the Body Control Module to activate the steering lock actuator and not shut it off, causing the internal gear to strip, requiring replacement of the module.Since the failure was caused by the improper installation of aftermarket electrical equipment, it is not covered by Subaru's warranty, and would be the responsibility of the customer. Mr. [redacted] declined to pay for the repair, and had the vehicle towed to another shop. While Liberty Subaru's technician (a Subaru Senior Master Technician) had spent over 6 hours diagnosing Mr. [redacted]s failure, he was only charged the two hours that he agreed to.It is not common practice to dis-assemble a vehicle for diagnosis, then re-assemble it while waiting for an approval for a repair, only to have to dis-assemble it again to affect the repair. The vehicle was still dis-assembled when it was towed away, as the service department was waiting on the approval to repair the vehicle.Mr. [redacted] did leave voicemails for me, but he did so while I was out of town. Upon my return, I did contact Mr. [redacted], and over the course of several phone conversations, relayed all of this information to him, so the notion that I didn't return his call is inaccurate.Mr. [redacted] states that there was water on the back seat cushion, but no where else in the vehicle. This is inexplicable, as there is no way for water to get to the back seat cushion without getting the rest of the car wet. When Mr. [redacted]s car was towed in, the exhaust system was piled on the back seat. The only explanation that we could come up with would be that there was water in the muffler or other pipes that were in the back seat, and that water came out while the car was being towed. This is speculation, and is not verifiable, but it's our best guess. Regardless, this is not something that Liberty Subaru will take responsibility for.Liberty Subaru is willing to repair the vehicle per our diagnosis, but since the failure was the result of improperly installed aftermarket equipment (and therefore not covered by warranty), it will have to be at the owner's expense. This repair would be done in a good and workmanlike manner, consistent with industry standards. Liberty Subaru will not pay for Mr. [redacted]s car insurance or car loan.Please do not hesitate to call with any questions. I can be reached at ###-###-####.

Consumer

Response:

I am rejecting this response because: After I received my car back in this condition with dash panels removed and parts hanging by electrical wires, I called to complain the general Manger who returned my call only to say that is normal to leave the car apart if the owner does not want to fix it. Regardless if the car came to them in one peice and together I work in the industry and said I'd never heard of such a practice, now he tells you that they did t have time to return it the condition it was brought to them in. I had three days prior to picking the vehicle up via tow truck told the service manager I would fix the car myself. Then again the day the car was scheduled to be picked up by the tow company advised the service manager it was being picked up in a couple hours, leaving plenty of time to return the car to the way I came in. As theit recording says all calls are recorded for quality everytime someone calls, so I'm sure all of that can be verified, the lie to me about the reason it was left apart and the ample time they had to return it back to original condition. As I stated to Mr. [redacted] the part in the truck had been there for one week prior to being towed and before that sat in a garage. The day it was out in is on camera as is the entire time it sat at my local repair shop and it was never wet. The exhaust itself is not wet at all neither is the box that it was in or the other parts it was next too. Never the less when I relied my car back there were water stains and it smelled of sitting water only on the rear seat (where no parts were) and I have the after stains to prove it. Also have the statement of the tow operator that the seat didn't appear to be wet when towed down to the shop as well as the blvrhicle being on camera the minute it returned to my local shops to prove it was not tampered with there. Yet none of these things are the fault of the dealer? I went to a Subaru dealer and their service writer said they have never seen or heard of such a practice of leaving a car apart with parts hanging by their electrical wires before in his 20 yeas of service experience

e [redacted]

Business

Response:

Mr. [redacted] states “…now he tells you that they did t have

time to return it the condition it was brought to them in”, and insinuates that

I lied about “the reason it was left apart and the ample time they had to

return it back to original condition.”In my response, I never stated that there was no time to

re-assemble the vehicle. My statement

was: “It is not common practice to dis-assemble a vehicle for diagnosis, then

re-assemble it while waiting for an approval for a repair, only to have to

dis-assemble it again to affect the repair.

The vehicle was still dis-assembled when it was towed away, as the

service department was waiting on the approval to repair the vehicle.” I stand by this statement.For clarification, the part that is “hanging by electrical

wires” that Mr. [redacted] refers to is the faulty steering lock module that needs to

be replaced. The lower dash panels have

to be removed to access this part.Mr. [redacted] goes on to say that he “told the Service

Manager I would fix the car myself.” In

order to replace the faulty module, the vehicle would have to be dis-assembled

to the state it was in when Mr. [redacted] had it towed from our facility. Re-assembly with the faulty parts would be

counterproductive, and would cause the steering wheel to be locked, making it

more difficult to tow or maneuver around a parking lot or shop. In

its current state of disassembly, half of the labor to replace the faulty part

has already been done, and the vehicle is easier to move, since the steering

wheel is not locked.If Mr. [redacted] wishes to tow his vehicle back to Liberty

Subaru, we’d be happy to re-assemble it to its original condition using the

faulty parts at no charge.Regarding the water in the rear seat...all of the work done by Liberty Subaru was done under the dashboard, not

in the back of the vehicle. The design of the car is such that even if a window were left open in a rain storm, the back seat would not get wet. In this case, none of the front seats, door panels, or any of the carpets are wet...only the bottom of the rear seat, which is inexplicable. I'll stand by my original statement that Liberty Subaru will not be taking responsibility for the water damage in the back seat.Also as in my original response, Liberty Subaru will not be

paying for Mr. [redacted]’s car insurance or his car loan.I

Review: On January 8th I purchased a Subaru Outback. The vehicle was financed through the dealership and with Subaru financing. I was informed all documentation and registration would be taken care of and I would be notified when the NYS License plates and Registration were delivered. I paid a $250 documentation fee for this service. Due to business travel and the distance to the dealership I expressed concern on being able to pick them up in person. In response, the finance representative- [redacted] notified me with the statement of, "don't worry about it, it is not a problem, we will send them to you."

After three weeks and no notification from the dealership I reached out in regards to the license plates and registration. This was also a concern as the temporary plates were set to expire. I was notified they were there on the premise and I could pick them up. I asked that they send them via mail to my residence given our conversation during the purchasing process. I was notified that for them to mail them, it would be a charge of $15.00, otherwise they would not send them. I asked to speak with my sales rep, who said he would do nothing. I spoke to [redacted] who said he would call me back (which he has yet to do) and I have spoken to the Sales Manager- Henry Dobson who was extremely rude and told me it was their policy. He would not take the customers (my) word as to the true sequence of events. I could either give him a credit card number or come in. I asked instead to send the package via FedEx and "Bill the Receiver." He absolutely refused. Having looked at FexEx online, the cost of shipping would be $7.82.

The treatment I have received in this process worst I have ever experienced. Henry and [redacted] consistently belittled me in our conversations and were extremely rude in nature. They denied having ever informed me that they would send the package and said they always explain the additional costs. My wife and I can attest to this not occurring.Desired Settlement: I would like my license plates and registration mailed to me as was previously promised, at no additional charge.

Business

Response:

It is Liberty Subaru's policy that if a local customer chooses not to pick up their license plates and registration in person, that a $15 charge be assessed to cover overnight/trackable FedEx shipment. In a case where the customer lives far away, an exception is normally made, and should have been made in this case. We'll be happy to ship this gentleman's license plate and registration, but before the plates are shipped the registration fee of $156.50 must be paid. This can be done over the phone by credit card. Once this bill has been paid the license plates and registration will be shipped at Liberty Subaru's expense.

Review: Liberty Subaru is refusing to return a $500 deposit I paid for I car from their inventory that I subsequently did not take receipt of. Liberty, therefore, sold the car to someone else and kept the deposit I paid.

At the time the deposit was paid, the car was not in stock (it had not yet been delivered), I had neither seen nor driven it, and at no time thereafter did I take receipt of the car. In addition, it was not a custom purchase - Liberty had ordered it for their own inventory.

For these reasons and because of what I understand of the law of the State of NJ, I believe I am legally entitled to a refund.Desired Settlement: Refund of $500.

Business

Response:

To Whom It May Concern-We are in receipt of Revdex.com complaint [redacted]2. Please be advised of the following:On 11/29/2014, Mr. [redacted] entered into a binding agreement to purchase a new 2015 Subaru Forester XT. Mr. [redacted]'s agreement is signified by his four signatures on the buyers order setting forth the terms of the purchase. Under his fourth signature, the following text appears in 1/4 inch red bold font: "THIS ORDER NOT SUBJECT TO CANCELLATION-DEPOSIT NON-REFUNDABLE". Under this sentence appear the words "IMPORTANT: READ THE TERMS AND CONDITIONS OF THE BACK OF THIS ORDER BEFORE SIGNING." On the back of the buyers order, item 6 entitled "NON-REFUNDABLE DEPOSIT" further clarify.The Forester XT was, and continues to be, a limited availability vehicle. In order to "earn" more of these vehicles from the manufacturer, these vehicles must be sold quickly. With Mr. [redacted]'s commitment to its purchase, it was no longer offered for sale to any others customers, any of whom could have completed a purchase in the same timeframe that Mr. [redacted] committed to. While this vehicle was subsequently sold, Mr. [redacted]'s delayed decision to not commensurate this purchase caused Liberty Subaru harm as the vehicle remained in dealer inventory longer than it otherwise would have, resulting in a negative effect on the manufacturers next allocation to Liberty Subaru.Additionally, as Mr. [redacted] intended to finance this purchase, Liberty Subaru submitted his completed credit application, and expended the time and resources necessary to secure financing for Mr. [redacted]'s purchase.Liberty Subaru also expended the time and resources necessary to appraise Mr. [redacted]'s trade in vehicle and research its value.We believe that regardless of the clearly disclosed non-refundability of the deposit, retaining Mr. [redacted]'s deposit is fair compensation for time and resources spent based on his purchase commitment.

Consumer

Response:

Review: [redacted]2

I am rejecting this response because:

I was caused financial harm while Liberty Subaru profited:- Liberty Subaru profited from my $500 and also from subsequent sale of the vehicle.- I lost $500.My custom had no bearing on Liberty Subaru's costs:- Liberty Subaru would have incurred costs regardless of whether or not I had visited the dealership. The vast majority of costs (if not all costs) described in Liberty Subaru's response are labor expenses and, therefore, largely fixed costs. In other words, the Liberty Subaru employees would have been at work and would have been paid regardless of whether or not I was there. - Vehicle appraisal was completed prior to payment of a deposit, in order for Liberty Subaru to develop a quote. This is standard practice at any car dealership.- Purchase of the vehicle would have been contingent upon credit approval in any case, regardless of whether a deposit had been paid or not.The time from deposit payment to cancellation of the agreement was immaterial- The time from payment of the deposit to my notification that I did not want the vehicle was only 7 days (Nov 29th - Dec 6th).- The vehicle was not in physical inventory during the timeframe given above as it was still in transit from the manufacturer, so it would not have been possible for Liberty Subaru to sell the car in any case.

For the reasons above, my claim for refund of the $500 deposit still stands and I would appreciate prompt resolution of this issue. [redacted]

Review: I have been promised repayment for more than 8 months and have not been reimbursed for money paid out of pocket. I purchased a used car from this dealer that was advertised on line with a 90 day warrantee. At the time of signing the contract, I was then informed that the 90 day warrantee was a misprint on their website. The real warrantee was only 30 days, however, I could purchase additional warrantee coverage at a price ($1,383.00) which I did for an additional two years coverage.

Nine days after the purchase, the car broke down out of state. I called the dealer who told me to have the car towed to a repair shop and the warrantee coverage would pay for all repairs. The repair shop called me the next day to inform me they were unable to get authorization for the repair. Again I called the dealer who explained to me that the car was "too new" and the warrantee paperwork didn't process yet. He told me to pay for the repair and he would see to it that I would be sent a check for the full amount. He asked that I bring the part to him and the receipt for the work done. I had the part express mailed to my address and I drove over to the dealership and gave them what was requested.

Weeks went by with no repayment. After calling many times and leaving many voice messages, I would finally get a return call. I would get an apology and a promise that it would be addressed and I would receive payment. More weeks went by, same stuff. More apologies, more promises. More weeks,more calls. Then I was told that the check was "in the mail". More weeks went by and again I called.Then I was told it was a "clerical oversight", and this time the check was really, really in the mail. Had been mailed out on Tuesday and I should have it by Friday. That was three weeks ago!

Like an it, I called them several times last week. I will not let them get away with this. I will go through legal remedies real soon if I don't get my money.Desired Settlement: Send me my money. I am owed $755.27 for out of pocket expenses to the repair shop. This should be paid for under the dealer's 30 day warrantee. Cancel the $1,383.00 useless insurance policy that was sold me and send that money to me. Have that insurance company investigated, I'm sure it operates out of someone's garage or basement.

Business

Response:

Dealer Executive Management was unaware that this concern was still outstanding. Third party warranty administrator mistakenly sent payment directly to repairing dealer instead of customer. Subsequently, third party administrator failed to send new check to customer. Dealer has obtained [redacted] tracking number for overnight package to customer, guaranteed delivery by end of day tomorrow, Friday 8/15.

Consumer

Response:

[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]

I have reviewed the response made by the business in reference to complaint ID[redacted], and find that this resolution is satisfactory to me.

Regards,

We had a very positive sales experience with sales consultant Steve Klein. Steve was clear,patient and cordial when he presented all the information on our 2015 Subaru Crosstrek. I would highly recommend Liberty Subaru to my family and friends.