Thursday, February 4, 2010

A Comedy of Errors


Over a month ago, right before Christmas, Nathan and I purchased a car at Ken Garff Nissan in Orem. Looking to find a bigger, safer vehicle for our growing family, we traded in our Nissan Sentra for a Nissan Pathfinder. We explained our budget and what we could/could not afford. Because I had seriously been taken advantage of when I bought my Nissan, Nathan and I figured we could get an older, yet safer and larger, car for the same price. The representatives were persistent and agreed that was possible. After one consultation, which resulted in us leaving without a car, we recevied multiple phone calls a day to come "make a deal" with the dealership. Finally, we were persuaded and felt like we could somewhat trust the representative.

After days of going back and forth, the dealership offered us a used Pathfinder, saying it would not cost much more than our Sentra after warranty rebates and garnering a lower interest rate. We were hesitant, but reassured we had been approved for the loan with an incredibly low interest rate. We signed. On the way home with our new purchase, we felt sick, knowing we had made an error in judgment. We went immediately back to the dealership, who said it was "too late." He basically told Nathan we were "adults now" and that we had to live with that decision. We were surprised, but understood. However, after further research, I discovered there is a federal law that provides a three day right of rescission on loans regarding cars. That was the first huge lie.

Sadly, our misfortunes had only just begun. After nearly a month of owning our new car, I received notices in the mail from the bank I had previously financed my old car through. I opened the envelope, expecting to see that our loan had been paid off in full, a condition that was clearly stated on our contract. I was SHOCKED when it said we were behind on our car payments and had been assessed a late fee for failure to pay. Worried, I called the car dealership wondering why they had not paid off our lien. No return call. Additionally, we still had not received (and still have not received) our license plate or registration for our new Pathfinder, forced to drive around with expired tags and worry about getting a ticket.

Nathan finally spoke with the man in charge of financing our car at Ken Garff, an arrogant, rude man named Aaron, who said we had not been approved for the full loan amount on the car we now have (probably because we JUST bought a house), but that he was going to try going through another bank or could "get us into a cheaper car." How could they sell a car to us without knowing we had been financed? Nathan said: "No. We don't want to mess with you anymore. We want our car back. We bought it to get a better deal for what we were paying, not to get MORE into debt." To this, Aaron said: "I'll have my manager call." The manager called only to tell us he could reduce the price of the Pathfinder and didn't want to hear about us wanting our old Sentra back. Nathan was persistent though. Finally, Nathan said: "We want our car back! No other questions." The manager said: "Well, I've sold it." Nathan asked how he could sell a car they technically do not own. The manager had no response.

Two hours later, I had this same conversation with another manager at the Ken Garff corporate office. He tried to speak down to me, but I made it clear to him I was no fool. I wrote contracts for my old job, I work in financing now, I am NOT an idiot. I explained how I made a payment last night on a car tht is no longer in my possession. I supposedly "own" another car that I have no registration or license plate for. What is going on? We are college students (well, one of us is) and new parents who cannot afford TWO car payments and to be royally taken advantage of by dishonest men.

Further research shows this has happened to other people THIS MONTH at Ken Garff. I read reviews of their business on google and it's horrible! Here is one similar to me: http://www.edmunds.com/dealerships/Utah/Orem/KenGarffNissanofOrem/fullsales.159392.oldNew.html They even have a D- with the Better Business Bureau.

Tell all your friends to avoid Ken Garff. They aren't going to win, though. I have already filed a complaint with the Better Business Bureau, called Get Gephardt with Channel 2 news, and looked into hiring an attorney. If anyone has advice, let us know!

7 comments:

  1. Ugh, how ridiculous! I'm sorry they were so dishonest!!!!

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  2. Oh my gosh, that is so crazy. I hope everything gets sorted out ok and you get what you need from them!

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  3. ugh this makes me sick. i can't believe they are so dishonest. i'm so sorry you have to deal with all of this. take them down!

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  4. oh i am SO sorry! i really hope it all works out! I have heard some horror stories from that place!

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  5. I HATE car salesmen...no offense to anyone stuck in this type of job but...

    Anyway, Eddie & I had some bad luck when we bought our first Jeep (the one I totaled...haha!). We had gotten the loan through our credit union, and I had hand-delivered the check to them. They took forever to send the credit union the title. Thank goodness the credit union had some "umph" to make them give it up! Haha! They also weren't too speedy with the tags either...and we already had the license plate and just needed it switched to our new car. It could have been because we went across state lines to buy the car, but overall, we were still happier with our first experience than our second. We still think we could have gotten a better deal the second time, but we were kind of desperate for a car after my accident! :-(

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  6. I can't believe they did that to you! That's totally ridiculous. Going to the BBB will hopefully clear it up. Obviously, they don't have the ability to enforce anything (unless it escalates to binding arbitration, which they rarely follow through on). If that doesn't work out, get an attorney. My brother in law works for a good law firm. Let me know if you want their info. Good luck!

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  7. We have a meeting on Monday to "work things out." I'll let you all know how it goes. Thanks for the tips, guys! We are going to call a lawyer before we go tomorrow and see how they can help. I spoke with a police officer who referred us to the Attorney General. I'm speaking with him on Monday too.

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