Lucky's Auto Credit, LLC

We apologize our customer is unhappy with the vehicle or how we handled the situation originally. We are required to follow all of our company policies and procedures with every customer. In this case thecustomer brought their vehicle into our Service Center December 16th, after they were already...

closed. The customer was complaining the powers steering was dumping and they wanted to return the car. Theyhad previously informed the Sales manager they had taken the vehicle to another mechanic and found it was leaking out of the bellows boot of the steering gear. At that point the sales manager asked if it had been leaking when they bought the car, the customer said no. Our sales manager explained this particular repair is covered under our warranty and advised customer that we couldn’t void the contract due to a repair that is covered with just a $100 deductible. They were instructed to set up an appointment with the shop for repairs. They called the service center a week later on December 21st and set up the appointment for the following morning at 10:30 on December 22nd . At that point it was assigned a tech for a diagnosis on the power steering system. Upon investigation they found the power steering reservoir was full of fluid, but had metal material in it. After diagnosis the tech recommended a power steering pump and flush to start with. Our Service Center contacted the customer to get approval to begin repairs. The customer disagreed with the diagnosis and refused to approve the repairs to begin. The Service Center advised them the repair was under the warranty andthey would only have to pay the $100 deductible but they would not agree to make any payments towards repairs. The Service Center Advisor made several unsuccessful attempts to contact the customer. After a period of time passed, the customer contacted the shop, wanting to pick up their personal items from the vehicle. After they came and took their items out of the car, they would no longer accept our calls and told us we had the wrong number. On January 13th The shop was contacted by the lien holder, Titanium funds, asking the manager to contact the customer regarding this issue. The service center manager has tried to call the customer multiple times since then, but where unable to establish contact. At that point they called the other number and talked with [redacted]), he listened to [redacted] explain how he had the car for a couple of days, and it was using power steering fluid, He took it to a friend who told him the power steering gear was leaking, And he feels it is a Safety issue and the car should have never been sold, he also wondered if there is anything else wrong with it. I had contacted the dealership manager about this issue,he had also advised the customer the vehicle was sold As Is and a mechanical evaluation was signed. He explained parts fail all the time with used cars, and we offered options for repairs. At this time the service center manager offered to pay the $100 deductible for him as a one time exception. However, [redacted] stated ittook too long for us to offer this option and he refused to agree to any arrangements for repairs again. We are unable to offer any other option for the customer with the contracts and documents they signed and they are still responsible for theloan balance after proceeds are applied. The legal team will contact them once they take over on the account.

Complaint: [redacted]
I am rejecting this response because: It did not address the key concerns in the original complaint.I am aware that I bought the car "As Is." In my initial complaint, I was very clear in regards to taking responsibility for the earlier than expected repairs. The Kelly Blue Book value always applies, no matter what the loan states. The car's worth is it's worth. In this case, I agreed to pay an amount that is considerably a lot more than the actual worth. I agreed to do so based on several things. One was the 50/50 warranty that came with the car. So, when I noticed that the clutch needed servicing, I brought the warranty in hand to the service center. The service center then assured me that is was covered. I scheduled an appointment for the following Tues, 7.11.2015, to bring the car in and asked the front desk about financing. They stated that the financing department would contact me with a quote prior to bringing it in. These are the words from the repair center.  As I have stated previously, none of what Lucky's promised actually occurred. Instead, I was thorough and followed up with Lucky's several times. I received a voice message, finally, after two days of trying to reach Lucky's to follow up, stating the repair would not be covered. That is unacceptable. And if I not had followed up, I would have dropped my car that Tuesday, received a call at some point stating that I would be responsible for the full amount of the repair.  In the reply, the representative from Lucky's states that the service center and the finance company are separate. I would like to know who is in charge of the service center, so I can get in touch with them. The representative also states that I would be awarded financing if I wanted the service center to do the repair. After being mislead several times, I nor anyone else would trust a repair shop that operates in this manner. There are enough facts to show that the repair center is not trustworthy. As much as I would like to utilize my warranty, I cannot and I do not believe that is fair. I would not have purchased the car without the 50/50 warranty. I do not believe that I should be expected to have to search for other repair centers, not have any use of the warranty that I purchased with the car, simply because the repair center provided inaccurate information and was dishonest.  But, again, who is going to take their car to a service center that has already put them through all of this. My salesman was good, but any and everything else since has been a struggle. And even after being frustrated with the less than desirable actions of the service center, I reached out to the dealership and asked for support with this issue. It has taken filing a complaint to get a response. The response was focused on reiterating contractual obligations instead taking responsibility for their actions.
Sincerely,
Richard T[redacted]

We are sorry to hear [redacted] is not happy with her purchase with us. Our sales team goes over all of the terms of the contracts before they are signed and she was under no obligation to purchase this vehicle. We are a buy-here-pay-here and help customers with financing who are not able to qualify...

at other dealerships. As a result our interest rate and other costs are higher and our loan terms are shorter. Our rates and loan terms are very comparable to other buy-here-pay-here companies in the area. We assist high risk customers in building their credit and allow them to pay off their vehicle quickly. We, like any other dealership or finance company, do not base any terms from blue book value. We verified the customer's income and residency to ensure they qualified for this loan and could afford the payments. We do not show any reason they could not afford this loan and are not able to offer a refund or return on a loan that has been funded. The customers mentioned they went to a different finance company and were told these terms were unreasonable. Again, we assist high risk customers who are not able to qualify at other dealerships or finance companies, who can offer a lower interest rate or longer loan terms based on the customer's credit. Therefore, our terms are structured differently and are clearly outlined in the contracts both customers signed and agreed to. Unfortunately, we are not able to adjust or change the loan terms and do not have a return or refund policy. We have already verified the customers qualify and can afford the current loan terms. If the customers choose to default they will be subject to our normal collection policies and procedures and will be held responsible for the loan. There are no penalties or fees for paying the loan off early or refinancing with a different company. They may not be able to qualify somewhere else at this time, but if they pay the loan down further they could likely qualify at a different finance company or bank at a later date.

Complaint: [redacted]
I am rejecting this response because:Lucky's Auto Credit did not check my credit report, so therefore they do not know that I was not able to be qualified elsewhere. I was interested in a few of their cars just driving by and I happened to buy a vehicle there...it could have been somewhere else. The bank that we tried to refinance our loan through went of the blue book value of the car and the max were only able to finance up to a little above that amount including sales tax, interest and what not. The banker thought the loan and interest rate outrageous.... this is the first car I have ever had to finance and this will be the last through this dealership. The false advertisement only $75 and a job get you a car....? Seriously, how does that work? Yeah, you help people get a car alright, but then you take advantage of them with the high interest rate and the whopping monthly payments. You help people with supposed [redacted] credit and help them build credit???? How? Please inform me....if I weren't, again, supposedly able to finance through anywhere else, and with the high monthly payment that could almost equal someones rent, how are you helping me build my credit? And when I miss a payment, with that gps tracker or whatever you my car....you lock and turn off the engine....How is that humane and helping someone....you should know that people will miss their payment once in a while..! Someone may need a car to get to work...and when you lock it and turn it off just because they missed a payment or are behind one day...they may loose their jobs because of you people. How is that compassionate? So what happens next you pick up the car and the person has to pay extra fees or maybe won't have the chance to pay the extra fees to get the car back....because you may have sold it to someone else and that first person who was already paying the loan continues paying the loan when they dont even have a vehicle.....! [redacted]!  Yeah, you can return the vehicle but you are still going to pay...no matter what....even if it's not yours anymore!!!!! I would never recommend someone to you, I 'd rather warn them...
[redacted]

I
purchased my car in April 2015. Since purchasing the car, there have
been issues like the a/c going out, the compressor belt squeeling, the
air bag light staying on and the roof top back window falling out.
Considering the amount I purchased the car for, which is well above the
Kelly...

blue book value, I would not have thought all of these issues
would occur. Nevertheless, I stayed positive and having been doing
research since April, for economical solutions to the myriad of repairs.
Recently, the clutch went out. The first day that I heard the crunching
sounds coming from the clutch, I went down to Luckys repair center, with
the 50/50 warranty in hand, to ask about coverage and pricing. Both the
desk representative and mechanic assured me that it would be covered. I
asked about financing and the desk assistant advised me that he would
send a quote up and someone would call me. Well, that call did not
happen. So, I called in the middle of my work day, staying on hold for
almost an hour, just to find out that the person I needed to speak with
was out. Frustrated but understanding, I figured I would try again the
following day. I call the next morning and speak to a lady who explains
to me that she has not received a quote from the repair center. At this
point, I became well aware that I would have to be responsible for the
communication of two departments inside a dealership that I did not work
for. Things just got worse from there. I receive a voicemail later in
the afternoon stating that the repair would not be covered under the
warranty, even after receiving confident assurance that it would be from
two employees in the repair center. I leave my work to drive down to
Luckys to receive some type of explanation for the misleading
information. After arriving and having a fueled conversation with the
mechanic that told me it was covered, I went over to speak to the sales
manager about partial coverage. He stated that he would talk to his
finance department and get back to me. I never received a call. Reality
set in: I have a car that is overpriced needing several repairs and am
now in business with a used car dealer that provides misleading
information, does not value customer service after the sell and does not
keep it's word. I deal with situations like theses daily as a manager
and know that my company is obligated as a company to honor our word and
support customers. From any standpoint, continuing to make payments on a
car I have owned for less than 6 months that already needs an estimated
3000 dollars in repairs, not to mention the completely bald tires I
will need to replace very soon, does not make sense. Having to deal with
sub par customer service in addition to this makes this entire
situation unmanageable.Richard T[redacted],I apologize you are not satisfied with our customer service regarding your vehicle. Please remember, this is a used vehicle that you purchased 'As Is' and a mechanical evaluation was signed off in your contract. This vehicle was financed and Kelly Blue Book value only applies if you are paying cash up front and not getting a loan. That being said, we are happy to assist you with any repairs that need to be done on the vehicle. I understand you already spoke to our Service Center, however, I do not show an actual estimate was done on the car and that you may have just been quoted general pricing. Please know that the service center and the finance company are separate and we have the option to break up your repair costs with your loan payments after a down payment is made as we discussed 8/6/15. It is up to the shop to determine a repair estimate and apply the 50/50 warranty if it applies. I show you are still within the time frame to qualify for the 50/50 warranty, however, it does not apply to certain repairs that could be considered regular maintenance items including the clutch. However, we still have the option to do financing for you so you will not need to pay the full repair balance up front for them to be done. We do not have the option for you to return the vehicle. The contracts have been signed and you are responsible for the loan balance regardless of the status of the vehicle. Again, we are happy to help you with getting the vehicle repaired and we have options to work with you to do so and you are welcome to take elsewhere for repairs if you would like, however, we can't offer the same financing options at a different shop since we can't guarantee their work. Please contact us to setup an appointment so we can move forward. Thank you, and we look forward to hearing from you.

We would be happy to submit to a legally binding arbitration for this case as long as the terms can provide for a swift resolution.  Mr. [redacted] is mistaken on the facts and mistaken on the law.  No additional substantive allegations are made in this new rebuttal so it appears that no additional response should be necessary, but to the extent it could be, we deny his allegations.  The loan was clearly in default at the time of repossession.  The terms that Gaven discussed with Mr. [redacted] were not complied with by any stretch of their interpretation. Titanium complied with each aspect of Utah Statute regarding notice and commercially reasonable disposition of the collateral.  A third party licensed process server who has no interest in the outcome of this case has sworn under penalty of perjury that he personally served Mr. [redacted] with the Summons and Complaint in this case. We could subpoena that process server to come to the arbitration if necessary to discuss the service of Mr. [redacted].  We would be happy to demonstrate to the arbitrator the true facts that occurred with regard to Mr. [redacted]'s default of his vehicle loan and Titanium's full compliance with all applicable laws.

As set forth in the timeline below of the facts in this case, this customer's complaint has no basis in law or fact.  He was consistently in default of the loan obligations and when the days past due exceeded 20 days the administrators exercised their rights to repossess the vehicle which is...

well within their rights.  All appropriate and legally required notices were sent to the customer.  Two separate licensed process servers served the summons and complaint prior to the issuing of the judgment and garnishment and the customer is claiming that he was unaware of the case.  The facts and timeline of this customer's loan account is as follows:We (Titanium Funds) did a schedule change for this customer towards the beginning of his loan and even made an exception for him that we normally do not do. Here are the notes from that change: "Promise To Pay $315 11/5/16, $315 11/20/16. Then We'll Update The Due Dates From 12/15/16 To 12/5/16. Admins Approved Code For Schedule Change.  However, customer has had this pay schedule for a while now so normally we would require a double payment to get ahead but it doesn't look like his paychecks are enough for him to do that so we're making an exception. If he doesn't get ahead he needs to budget and pay on time."Therefore he was familiar with how schedule changes work.We then worked with the customer to get proof of another new pay schedule and got arrangements approved 1/12/17 for him to get ahead. These are the options he had according to the notes "Promise To Pay $450 1/17/17 And $210 Biweekly Starting 1/31/17. Admins Approved Code For Schedule Change. If customer shows their pay stub and they do not make enough to pay $450 out of that check we can split it up to $330 1/17/17, $330 1/31/17, And $210 Biweekly Starting 2/14/17. Customer Approved These Arrangements. He Did Not Want Autopay Set Up."The car was disabled 1/17/17 because he didn't make the payment and we couldn't reach him. On 1/19/17 he said he used that check to pay other bills because the car was shut off that day. Gavin warned him we couldn't go that long without a payment and the Admins could take over if we didn't receive something soon. The notes say the customer got upset and said if we're going to get it we should do it right then or else it will be towed and then he hung up the phone.The next day 1/20/17 the customer told Gavin he shouldn't need to get ahead on the loan to change the dates over. We ended up sending him new options by email$690 ($630 to the Loan, $60 in Late Fees) on 01/31, and then $210 biweekly starting on 02/14.OR$480 ($420 to the loan, $60 in late fees) on 01/31, $420 on 02/14, and then $210 biweekly starting on 02/28.OR$480 ($420 to the loan, $60 in late fees) on 01/31, $330 on 02/14, $330 on 02/28, and then $210 biweekly starting on 03/14. This option is only available IF you provide proof that your check isn't enough on 02/14.Customer complained about his medical issues and said he would try to move the car so it wasn't impounded. Gavin then warned him again the Admins are going to take over once his account reaches 20 days and we need consistent contact with him every few days to see if anything has changed.There was no contact by the customer and the 24 hr notice was sent 1/25/17 and the vehicle was picked up 1/27/17.He then called and talked to Renee who went over his options again and he decided to go with the arrangements $480 ($420 to the loan, $60 in late fees) on 01/31, $330 on 02/14, $330 on 02/28, and then $210 biweekly starting on 03/14. This option is only available IF you provide proof that your check isn't enough on 02/14. However, once he was informed the vehicle was picked up he told us to keep the car.Here are Gavin's notes from 1/30/17Customer Said That He Doesn't Want the Vehicle Anymore Because We Repossessed the Vehicle. He was under the assumption that we weren't going to repossess the vehicle until after the date of his arrangements which is tomorrow. I told him that's not the case, and I reminded him that I told him on 01/20 that the admins can take over at any time when the account is 20 days past due. He claims that I never said that, but It's clear in the notes. He said that he is going to law school right now and he claims that once a verbal agreement has been reached it overrides the written contract that he signed and we had no legal rights to go and get the car before his agreed arrangements. I once again told him that's not true. He began screaming at me saying "If you call me again or if you garnish me I am going to raise hell upon your organization!". He was very dramatic and kept saying he wouldn't rest until we were dealt with. I kept trying to tell him that the legal team will take over at 60 days, but he wouldn't let me finish. He ended the conversation by telling us never to call him again.Gavin then called and talked to him again 2/8/17 warning the legal team will take over at 60 days and the customer said he'll deal with them when the time comes.Here are Gavin's notes from 3/2/17Customer Asked His Options For Redeeming The Car. I Told Him He Can Pay $500 down and $315 Semimonthly until current or he can pay the full amount past due which is $930 right now (or $1140 after 03/05/2017). He said he will think about his options and get back to us. I warned him that he needs to pay before Wednesday if he wants to keep the car because after that it will be taken over by our legal team.The vehicle was written off 3/8/17 just as Gavin warned him. Here are the notes from Lauryn from 3/9/17Customer Came Here Last Night After6pmAnd Brian Told Him Finance Was Closed and the account was written off so he doesn't have the option to take a payment. He called today and was upset that he thought he could redeem yesterday with $500. I tried to explain we were closed and he would have needed to come in while we were open BEFORE yesterday and he didn't. Every time I tried to talk he said let him finish and don't talk over me and wasn't interested in anything I had to say. He complained that the car was repoed and he said he never got a letter. (we sent a Letter of Collateral Sale 1/27/17). He said multiple times we lied and broke the law and he's going to get an attorney. I told him we'll be happy to speak with his attorney since we are well within all of our rights to take the actions we did once he defaulted on the account. Most of the conversation I just listened but when he paused I tried to respond and he would just get upset that I was talking. I gave him the # to the legal team and explained his information might not be entered into their system yet because it was just sent to them yesterday and tried to let him know he doesn't have the option to redeem the car from them but he hung up and I'm not sure how much of that part he heard.

Complaint: [redacted]
I am rejecting this response because: I listen to the radio alot and I do not hear on approved loans as well as your signs.
Sincerely,
[redacted]

Richard,Thank you for your response. I apologize you were not happy with our reply regarding your complaint. I have reviewed all of the notes from the finance company in your account and the only time we, in the finance department, have spoken with you regarding these issues that I can see was 8/6/15 when you explained your repair estimate after warranty was $483 and we said we still needed to receive a repair estimate from our service center but suggested options for financing arrangements. Later, the service center informed me they have not been able to inspect the vehicle itself and determine an accurate repair estimate because you never brought the vehicle in for one. They also mentioned they provided the page in your contract which describes the items that are covered under our 50/50 warranty to show the clutch is not covered. We must follow our policies and follow the contract for every one of our customers. I did try to contact you by phone to try to get these issues resolved and left a voicemail for you but did not receive a call back. We are still able to offer financing for your repair if the vehicle is brought to our shop and they are able to get an actual repair estimate. You are also welcome to take it to a different service center if you choose, however, we can only apply the warranty to the warranty items listed in the contract. If there are any items that fall under the warranty you can provide a repair estimate from the shop of your choosing before the repairs are done and we can try to get approval to apply that to cover our half. However, please keep in mind the clutch is a maintenance item and is not covered under the 50/50 warranty. Any complaints regarding the service center can be directed to Shane at [redacted] and he can assist you in trying to get something resolved on their end. They do have the option of requesting special exceptions, however, I cannot guarantee that those requests will get approved if they violate the contract or company policy. Please
contact us by phone at [redacted] and select option 2 to be sent to
the finance department if you have any questions and we will be happy to
assist you.