Netherton's Body Shop, Inc.

Good afternoon, This is in response to the compliant filed by Mr. [redacted], concerning the third party purchase option for the 2014 Jeep Wrangler he leased from [redacted] Financial Service. This account began as a 39 month lease of a 2014 Jeep Wrangler. The cost of the vehicle, residual value and...

monthly payments were agreed to by the parties at the Sansone Jeep dealership and are binding to the parties. At the consummation of the Lease Agreement, [redacted] purchased the vehicle in full from Sansone Jeep and became the titled owner. Pursuant to the terms of the lease agreement, Mr. [redacted] is obligated to maintain the condition of the vehicle. The purchase option as defined in the Lease Agreement consists of the remaining lease payments; the residual value, early termination charge and a $300.00 purchase option fee. These costs as of today total $26,081.65. Due to the lease financing, the monthly lease payments do not build consumer equity in the vehicle but merely provides for the rental use of the vehicle. Any equity value or loss caused by changes in the market conditions rests with [redacted] as the vehicle owner. In this instance, the market conditions for this vehicle have changed since the lease inception which increased the value of the vehicle over the stated residual value. While [redacted] is obligated to sell the vehicle to Mr. [redacted] at the price set in the Lease Agreement, [redacted] is not obligated to extend that price to any third party. ([redacted] will extend the consumer price to the originating dealer, Sansone Jeep, as this dealer was also party to the Lease Agreement.) Likewise, if the market value for this vehicle deceased causing it to be valued less then the residual value, [redacted] would absorb the loss in sale value if the vehicle was returned to [redacted] and ultimately sold for less then the residual value. Regards, [redacted]

Legal Department ###-###-#### ###-###-#### Facsimile [redacted] September 19, 2017       Revdex.com Servicing New Jersey 1262 Whitehorse-Hamilton Square Road Building A, Suite 202 Hamilton, NJ 08690   Attn: [redacted] ...

Re:      Case No.: [redacted]   Dear Ms. [redacted]: This is in response to the complaint filed by [redacted] concerning the assessment of a disposition fee to his account. The charge of a Disposition Fee, is disclosed and made a part of the Lease Agreement in Box 7 of the Lease Agreement, he signed at [redacted] for the lease of a 2014 Nissan Rogue through Hann Financial Service Corp. The requirement to remit payment of this fee is also discussed in paragraph 25 on the back of the lease. The Disposition Fee is a chargeable fee in the event the vehicle is not purchased at the end of the lease term. In this instance, the vehicle was returned, therefore the fee is valid and due. As such, the fee is not based on the condition or mileage on the vehicle, or whether or not the Lessee re-leases with Hann; but rather a flat fee that is charged in all cases when the vehicle is returned at the end of the lease. I’m sorry the fee may not have been disclosed when the vehicle was originally leased; however it is an integral part of the lease financing. Charging this fee at the end of the term, and only if the vehicle is returned; allows for the collection of the fee if vehicle is returned and not in all cases where a vehicle may have been purchased by the lessee or a dealership. This process allows Hann to keep the monthly lease payment as low as possible. Should you have any additional questions or concerns please do not hesitate to contact me directly. Sincerely, Carol E[redacted], Paralegal

While it is unfortunate that Ms. [redacted] is unhappy with her relationship with Hann Financial, it should be noted that Hann made its decision to remove the damage charge from the account following its own investigation and without regard to any claimed video and pictures Ms. [redacted] may have taken. Hann has decided to remove the disposition fee from this account as a courtesy to good customer.

Complaint: [redacted]
I am rejecting this response because:While removing all my damage charges, which was the right decision on their part as they clearly realize that I was one of the few people that this company was not able to take advantage of due to video and pictures of my car before the transporter took it away, I am not satisfied with the outcome at all. It states that there were scratches from the transporter on the side of the car  that I have no clue about. The Transporter also had both keys when leaving my house. But HANN's appraiser [redacted] in his report  states nothing about scratches he states rear bumper being "Severely Distorted" and the key was missing. What a completely different report and neither of them are accurate.   I find your protocol of this  entire transaction to be defamatory, insulting, and fraudulent on every level, and feel as though the money is no longer the issue at this point.  At least HANN could have  waived the disposition fee for all the ridiculous fraudulent games your company is playing.  I find it is my duty & responsibility to every person who has Hann Financial Services handling their End Lease Recovery to be informed of the extortion that they are about to experience.  My review on [redacted] Titled (Hann Financial Service Fabricate false pictures of vehicle to incur bogus charges, additional BS about missing Master Keys Jamesburg, NJ 08831 New Jersey) is the beginning of my quest to inform as many as possible that what Hann Financial is doing is unfair and illegal, and I will not let them get away with this.  Additionally my next review will be inviting all parties to sign up for a Consumer Fraud Class Action Lawsuit as I think this is pathetic. 
Regards,
[redacted]

Please close this complaint as I have reached a resolution in this matter.Thank you,[redacted]

This is in response to the complaint filed by [redacted] concerning the return of a leased vehicle and end term assessments to his account with Hann Financial Service. I apologize for the difficulties experienced with the return of the leased 2014 Honda CR-V. Unfortunately this lease...

expired during a period of high return volume, which caused the transport to become backlogged. The Lease Agreement entered into by Mr. [redacted] requires the vehicle to be returned directly to Hann possession; not to leave the vehicle at a dealership because the Lessee remains responsible for the condition of the vehicle until it comes into Hann possession. Retrieving the vehicle directly takes a dealership out of the middle for a more streamline return process. Recently, there were higher then normal returned vehicles, which corresponds to the high number of lease inceptions at about the time this lease originated in September 2013. It is unfortunate that the transport could not schedule the pick up at a more reasonable time. Transport records show that the vehicle was picked up on December 16, 2016 at 12:55 AM and delivered to Hann possession the same day at 10:15 AM. The driver notes that no damage occurred in transit. The transport driver is not able to issue a condition report of the vehicle, as the driver is not a licensed auto appraiser. Had the pick up occurred with Mr. [redacted] present he would have left a receipt for the vehicle. Hann issued a statement showing an amount due of $2,054.41 on December 22, 2016. As required by NY State Leasing Regulations, the statement was delivered to the post office for Registered Mailing on December 23, 2016. As of July 1, 2017, Postal records show the mail is in process of being returned to Hann as being held for the required number of days unclaimed. Hann records show a 30 day past due notice was sent on January 25, 2017 followed by 60 and 90 day notices of the outstanding balance sent on February 20 and March 27, 2017. In addition, calls were placed by Hann to Mr. [redacted]’ home on January 18, 2017 and February 23, 2017.  The outstanding charge relates to excess wear and damage found on the vehicle totaling $2,420.01, less $500.00 for a damage waiver contained in the Lease Agreement. The damage charge is taken directly from an appraisal report provided to Hann by 1st Alert Appraisal; which lists repairs necessary to restore the vehicle to an undamaged condition. Areas of damage include the front bumper, left fender, right rear door, rear bumper and lift gate. In addition to one wheel requires reconditioning and a key is missing. The appraisal report includes photographs of the vehicle that document the condition of the vehicle and the damage. Hann sent notice to Mr. [redacted] on August 10, 2016 advising of the approaching end of the lease term and reminding him the vehicle would be inspected for damage on its return to Hann possession. Pursuant to NY regulations Mr. [redacted] had the opportunity to have the vehicle inspected by his own appraiser up to 20 days prior to the return. Notice of this right was also mailed to Mr. [redacted] on November 7, 2016. Further, because Mr. [redacted] had an obligation to repair and maintain the vehicle while in his possession, repairs could have been performed at any time prior to the return at his own cost and expense at a facility of his choosing. The account was assigned to outside counsel because of the aging of the unpaid balance. Counsel has been advised to hold collection efforts on this file to afford Mr. [redacted] the opportunity to contact Hann to amicably resolve this account.  Should you have any additional questions or concerns please do not hesitate to contact me directly.

This is in response to the compliant filed by Mr. [redacted], concerning the charge for damage assessed to an au[redacted]obile lease account between the consumer and Hann Financial Service. This account began as a 39 month lease of a 2013 Mazda 6. The Lease Agreement between the parties defines...

conditions that would be considered excess wear and tear. The vehicle was returned to Hann with excessive wear and tear damage. Mr. [redacted] spoke with Mr. [redacted] of Hann Financial this morning whereby an agreement to settle the outstanding charge was reached. Should you have any questions or need additional information, please do not hesitate to contact me.

Complaint: [redacted]
I am rejecting this response because: Changing a due date without notifying the client is unethical.  I assumed I was making my payments on time as I paid most by the middle of the month.    When I called to find out why there were late fees the company responded incorrectly that my payment was due on the first.  I finally found my agreement which confirms the payment was on due on the 30th.  If they told me I was a month behind I would of made the payment to bring the account up to date.  They treated me in an aggressive manner and threaten to repossess my car causing embarrassment and undo stress.  To conclude it may sound like they did me a favor by moving the due date back (without telling me) but this resulted in confusion and by the time I figured it out they had charged hundreds of dollars in late fees.  I understand they may not want to resolve this issue I just hope others will read this and be careful when dealing with them. 
Regards,
[redacted]

I apologize for not responding sooner; apparently the message from 7/20 was not received. Mr. [redacted] leased a 2012 [redacted] CR-V from Hann as the assignee of [redacted] on February 26, 2012. Once the assignment is complete Hann becomes the only Lessor on the Lease Agreement. Pursuant to the...

terms of the Lease Agreement the Lessee is no to return the vehicle to any dealership; and Hann does inform or reminds all Lessees of this provision six months before the then of the lease term. There is no agency relationship between Hann and the dealership as the consumer implies. Mr. [redacted] was contacted prior to the end of his lease term by a dealership in the hope of selling or leasing a new vehicle to Mr. [redacted]. Apparently Mr. [redacted] did enter into a new agreement and the 2012 [redacted] CR-V, that was property of Hann, was left at the dealership for them to return to Hann on Mr. [redacted] behalf. It should be noted that this is done by the dealership as a customer service; and not at the direction of Hann. The inspection performed by the dealership states that it is subject to final inspection by the lease finance company and does not establish an accurate condition of the vehicle. The inspection performed by [redacted] on behalf of Hann was conducted by a NY licensed vehicle appraiser and constitutes the final inspection of the vehicle. Pursuant to NY Motor Vehicle Leasing Law, the consumer is entitled to have the vehicle inspected by a NY Licensed Vehicle appraiser 20 days prior to the return of the vehicle or within 10 days of receiving the final statement from Hann. Mr. [redacted] was provided with notice, as required by law, of his right to obtain his own appraisal, but chose not to take advantage of this option. Since this complaint was filed, Mr. [redacted] also retained counsel to assist him with this issue and a settlement between the parties was reached whereby Hann agreed to accept $1,600 in lieu of the full amount due. The settlement has been paid and the account closed. Please contact me should you have any additional questions or concerns about this account.

This is in response to the compliant filed by Mr. [redacted], concerning the payment due date for his automobile lease account with Hann Financial Service. This account began as a 39 month lease of a 2014 Nissan Pathfinder. The Lease Agreement was signed on July 31, 2014. Because there are...

months with fewer than 31 days, Hann pushes the due date forward to the 1st day of the following month. The benefits of this practice is to prevent a payment falling due on a date that does not exist and gives the consumer the extra day for the payment due date. The first lease payment was remitted when the lease was signed on July 31, 2014; consequently the next payment would have then been due on August 31, 2014; however because of the Hann practice of moving that date forward, Mr. [redacted] 2nd payment actually became due on September 1, 2014. The Lease Agreement allows for a 10 day grace period from the due date before a late fee is assessed to the account.  In reviewing the payment history for Mr. [redacted] account it appears he remits payments through a bill pay service; however payments are not received on the same date each month and are frequently received after the expiration of the grace period.  There are several options available to avoid late charges. For instance, Mr. [redacted] can schedule a reoccurring payment through his bill pay service to a date prior to the 10th of the month to ensure the payments are received prior to the end of the grace period. Hann also offers several payment options, such as ACH; online and phone payments. ACH service, will automatically process the payment each month on the due date. Online or phone payments can be directed to process the payment immediately or on a scheduled date. Hann may also, at Mr. [redacted] request, move the due date forward or back by 10 days, to make the payment better fit into his budget plan. To take advantage of any of the Hann assistance processes, Mr. [redacted] must contact Hann Customer Service Department, our representatives will be happy to assist in setting up either the ACH or due date change, as well as give step by step instructions for use of the online or phone options. Please contact me if you have any additional questions or concerns about Hann policies or practices.

This is in response to the compliant filed by Mr. Mark D[redacted], concerning the charge for damage assessed to an automobile lease account between the consumer and Hann Financial Service. This account began as a 39 month lease of a 2012 Jeep Liberty. The Lease Agreement between Hann Financial...

Service and Mr. D[redacted] defines conditions that would be considered excess wear and tear. The vehicle was returned to Hann with excessive wear and tear damage in addition to unrepaired collision damage. Hann has reviewed the Bill of Lading submitted by [redacted] to [redacted], which is supported with photographs taken by Mr. F[redacted] at Mr. D[redacted]’s home on February 12, 2016. The photos are noted with damage to the vehicle in the photos marked “Driver Front” and “Driver Rear”; in addition although no damage is noted, a picture of the hole in the passenger seat in included under “Miscellaneous”. The picture of the key shows only one key was returned. The vehicle came into Hann possession on the February 14, 2016; with no additional damage noted. The damage appraisal was performed by 1st Alert Appraisal Service on behalf of Hann on February 17, 2016 and included photographs of the damage areas noted in the report. Please note the report lists the work needed to affect the repairs, not a list of damage parts. A statement listing the end term charges was prepared on February 26, 2016 and included a $450.00 Disposition Fee, which is a chargeable item in the event the vehicle is returned to Hann possession at the end of the lease term; $1,722.70 damage, taken directly from the appraisal report and offset by a $500.00 damage waiver included in the terms of the lease agreement, $28.99 accumulated late and other charges, and $85.59 sales tax on the damage charge. The statement was mailed to Mr. D[redacted] on March 4, 2016; and received on March 8, 2016. Hann records show Mr. D[redacted] contacted Hann on March 11th; when he spoke with James, further that copy of the condition report was emailed to Mr. D[redacted] at that time, however notes the email address as lmd[redacted] On March 23, 2016, Hann received a letter from Mr. D[redacted] concerning the damage charge. In response another copy of the appraisal report and chart of the difference between normal and excess wear were emailed to mhd[redacted] Then on May 2, 2016, Hann received a voicemail message from Lisa D[redacted] stating that a 60 day past due notice was received, but that they did not receive response to a certified letter had been sent. A return call was placed on May 3, 2016, Michael spoke with Lisa, and another copy of the appraisal was emailed. Lisa was to discuss the damage with her father and call back the later in the day or tomorrow.  No further communication is noted until June 13, 2016, when Mr. D[redacted] called and stated he was out of the country and adamant in his position that no damage existed prior to the removal of the vehicle from his home. Following this conversation, the account was referred to Mr. D[redacted], who called on June 15th and June 28th leaving messages on both occasions with no return call. It is Hann contention that Hann did adequately attempt to respond to the consumer, however since no real discussion of the damage that would reasonably lead to an amicable resolution of the account was achieved; the account was assigned to outside counsel on August 8, 2016. Because the damage has been confirm by two independent sources and adequately documented, no change to the assessment is warranted. Copy of the documentation is attached. Should you have any additional questions or concerns please do not hesitate to contact me directly.

Complaint: [redacted]
@page { margin: 0.79in } p { margin-bottom: 0.1in; line-height: 120% } I am rejecting this response because: My wife and I originally tried to return the car on Memorial Day Weekend.  The salesman, [redacted], looked at the car and told us that the car was in good condition, and if we leased using Honda Financial we wouldn’t have any problems. However, he explained that because we leased with Hann Financial we might get charged for a scratch on the door. We decided to have it repaired to avoid any charges. The car was brought to [redacted] on [redacted] in Deer Park NY. The owner felt that car was in good condition but would repair the scratch. We returned the car and leased a new one without any mention of damage from the dealership. The owner of the bodyshop is willing to attest to the condition of the car. The damage to the car must have occurred after we dropped it off or the damage does not exist. . Regards,
[redacted]

This is in response to the compliant filed by Mr. [redacted] concerning the charge for damage assessed to an automobile lease account between the consumer and Hann Financial Service. This account began as a 39 month lease of a 2014 Honda CR-V. The Lease Agreement between Hann Financial Service...

and [redacted] defines conditions that would be considered excess wear and tear. The vehicle was returned to Hann with excessive wear and tear damage in addition to unrepaired collision damage. Hann has reviewed the Bill of Lading submitted by [redacted] to [redacted] which is supported with photographs taken by Mr. [redacted] in the driveway of Mr. [redacted] home. The photos are noted with damage to the various parts of the vehicle. Enlarged view of the damage in the Ready photos confirms damage to the vehicle prior to its being moved from Mr. [redacted] possession on November 18, 2016. The vehicle came into Hann possession the same day, November 18, 2016; and was appraised on November 22nd. The appraisal was it was performed by 1st Alert Appraisal Service and included photographs of the damage areas noted in the report. Please note the report lists the work needed to affect the repairs, not a list of damage parts. A statement listing the end term charges was prepared on November 28, 2016 and included a $450.00 Disposition Fee which is a chargeable item in the event the vehicle is returned to Hann possession at the end of the lease term; $1,824.34 damage, taken directly from the appraisal report and offset by a $500.00 damage waiver included in the terms of the lease agreement and $92.70 sales tax on the damage charge.  The statement was mailed to Mr. [redacted] on December 1, 2016; and received on December 10, 2016. Because the damage has been confirm by two independent sources and adequately documented, no change to the assessment is warranted. Copy of the documentation is attached. Should you have any additional questions or concerns please do not hesitate to contact me directly.

Good afternoon, In response to the compliant filed by Mr. [redacted], concerning the registration renewal and property tax payment for his leased vehicle, I contacted Mr. [redacted] by phone and explained the registration renewal was timely mailed to the address Hann has on file and was not...

returned by the post office. Following his phone contact with Hann customer service yesterday, August 1st, a Power of Attorney had been mailed to his new address, to facilitate his ability to renew the registration with local Motor Vehicles. A second Power of Attorney was sent to his attention via overnight AM delivery to further assist in the quick resolution to this issue. Finally, we discussed the Property Tax payment to the Town of Warwick RI. It was explained to Mr. [redacted] that Hann pays the property tax assessment based on the annual amount for ease of processing. However, he can pay the reimbursement to Hann in installment amounts with no effect to his credit. Mr. [redacted] was advised to contact me directly if he as any additional questions or concerns with his account.

Revdex.com:
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,
[redacted]

The Bill of Lading from the transport carrier also notes the same damage to the vehicle before it was moved from the dealership. According to the terms of the Lease, the vehicle is not to be returned to a dealership without prior consent from Hann. This is because the Lessee remains responsible for the condition of the vehicle until it comes into Hann possession. If you are contending that this damage occurred while on the dealer's lot, then it is suggested that you discuss that scenario with the dealership. The appraisal report does not mention previous repair. If you want Hann to consider repairs made to the vehicle before the return, please provide copy of the repair documents for review. However, since the scratches are still showing in the appraisal photos  we have to question the extent and nature of the repairs. If you are interested in settling on the amount assessed for the damage, please contact Hann directly to discuss the account further.

Dear Ms. [redacted], In response to the compliant filed by [redacted], concerning the charge for damage assessed to her automobile lease account, a comparison review of the Bill of Lading from the transporter carrier and the appraisal report was conducted. The review revealed one key was apparently...

lost in transit; further the areas of damage noted by the transport agent may have been were further damaged in transport. Accordingly, Hann has removed the damage charge from her account. Should you have any additional questions or concerns regarding this account please do not hesitate to contact me.

This is in response to the compliant filed by [redacted] concerning the number and amount of remaining lease payments to an automobile lease account between the consumer and Hann Financial Service. First, I apologize for an confusion or confrontational behavior she may have experienced in...

speaking with Hann. This account began as a 39 month lease of a 2014 Jeep Compass. The Lease Agreement commits the Lessee to the payment of 39 monthly payments of $293.27 and the payment of a $450.00 disposition fee in the event the vehicle is returned to Hann at the end of the lease term. Hann records show that a total of 4 calls were made to the automated information line for this account on August 4, 2016 the payoff amount quoted was $15,481.83 good until August 20, 2016. The system does not quote the amount of remaining lease payments. Further the lease had a maturity date of January 25, 2017. The account history shows receipt $9,985.84 in monthly payments, divided by $293.27 calculates to 34.04 payments. (The payment that posted on 4/21/2014; check number 1751 in the amount of $307.93 was higher then the scheduled payment amount.) The last monthly payment was received on June 23, 2016; accordingly the account was past due for the July payment. The Lease Agreement states the total of the monthly payments is $11,437.53 ($293.27 x 39) less the total amount received $9,985.84 is $1,451.69. The disposition fee is disclosed on the Lease Agreement in box # 7 at the top of the lease agreement, next to the box showing the monthly payment amounts. While it is unfortunate if the dealer did not bring this item to Ms. [redacted] attention, but it is an obligation of the Lease Agreement.  Again I apologize for any confusion; however the amounts listed on the August 30, 2016 accurately reflect the balance of due on the account.

[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.]
Revdex.com:
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,
[redacted]

This is in response to the complaint filed by [redacted] concerning the repossession of her vehicle and assessment of costs to her account. While Hann certainly can understand circumstances that will cause a payment to occasionally be late and tries to work with consumers whenever...

possible to afford the best resolution for everyone. The Lease Agreement entered into by Ms. [redacted] requires monthly payments in the amount of $313.06 to be submitted on the 28th day of each month. The agreement further states a late payment fee is due on any payment received more than 10 days past the stated due date. In addition, a default to the agreement occurs any time a payment is not received within 10 days of its due date. (see Lease Agreement item numbers 6, 20, and 25(c).)Tthe agreement further states that in the event of default Hann may take possession of the vehicle wherever it may be found and without prior notice to the lessee. The account notes payments were received 10 days beyond the due date in the months of August 2016, April, May and June 2017, which caused late charges to be assessed to the account. Creditors are required to advice once every 12 month period that a vehicle is subject to repossession if a default is not cured by the date stated in the notice.  In this instance, the notice of potential repossession was included in the April 11, 2017 notice. The account notes reveal that the home phone on May 26, 2017 was not in service and a voicemail message was left at the cellphone number on file. Messages were also left to both numbers on May 31, 2017. Two payments were scheduled by the consumer to post on June 7, 2017, then she changed the date to June 9, 2017; subsequently both payment were returned by the consumer’s bank on June 16, 2017. There were no calls from Ms. [redacted] to explain extenuating circumstances. The first call from Mr. [redacted] was after the vehicle was repossessed on June 20, 2017. The actions of Hann in this instance were within the terms of the lease agreement and applicable law, accordingly no refund of the costs incurred are due to the consumer.   Should you have any additional questions or concerns please do not hesitate to contact me directly.