Complaint Review: J.D. Byrider - Lytle L. Batten II CNAC Manager

I purchased this vehicle with a large down payment in June of 2009.  I accepted bi-weekly payments of $161.00 which have always been paid on time without fail to date.  On Feb. 25, 2010 I was involved in a single car accident which totalled this car. I maintained Geico full coverage and on March 1, 2009 made my usual $161.00 payment to the dealer even after being advised that being a total loss claim I should wait for finalization of Geico claim as they will be paying directly to J.D. Byrider and expected the car would be paid off.   On March 16,2010 I was called by J.D. Byriders CNAC Manager Lytle Batten in reference to the status of the total loss claim.  It was explained to him that Geico had not contacted me yet with the final offer yet for the total loss pay-out and it was expected that that would satisfy the loan.  There was no mention after that of collecting the bi-weekly payment and was told to keep them posted.  On March 24, 2010 J.D. Byriders Lytle Batten contacted me this time explaining they had received the monies from Geico and wanted to know if he could assist in me obtaining a new replacement vehicle.  I asked how he could have settlement when Geico had not even finalized the information with me as to their findings much less have me accept the settlement.   At this point I called Geico back to ask how this happened and they stated that on March 19,2010 J.D. Byrider contacted them to ask as to status of the claim and was told it was progressing normally for a total loss claim.  However Geico stated that Lytle stated he needed to get this resolved faster and was told that the only way it would progress faster is if the car was already in a reposession status and then they could legally deal directly with them as lein holder.  The same day Geico was sent a reposession affidavit from J.D. Byrider and therefore dealt directly with them offering them a much lower than estimated settlement in return for the title to be released to Geico for wholesale.  By the time I was made aware of this the car had been reposessed from the repair facility and had been taken to Georgia for an auction and J.D. Byrider stated they had sent the title released to Geico to Georgia.

    My poblem is how is a car with a perfect payment history that has been totalled and in the hands of an insurance company total loss procedure get reposessed without any communications with the owner when the dealer was aware that it was in this process and for all intents and purposes expected to be paid off by insurance.  Secondly in North Carolina it is my understanding even in te even of a legal reposession that I must be notified of intent to sell including place, time, date, etc. and I am to be given 10 days prior notice to be able to retrieve the vehicle. 

    On Friday March 26, 2010 Lytle Batten was asked how they felt they were within their rights to reposess this vehicle without any notice of a payment being late or intention of reposession.  I explained to him that I felt this was an illegal reposession and intended to persue it with not only the BBB, an attorney, the Consumer Fraud department in Raleigh, NC and whatever other resources my attorney instructs me to and Lytle then asked if all of this was nescessary only because they accepted an offer from Geico insurance for over $500.00 less than Geico had estimated originally to me.  He then suggested that if that was the only problem that I should come to the office in Kernersville and he would be glad to settle the difference and pay me the difference.  Obviously I was not interested in his $500.00 and to me that just shows guilty conscience.  Now, I have had a total loss accident and need to purchase a new car as a result and have a reposession on record which will hinder the ability to obtain a new vehicle.

   Then on March 25,2010 a letter was composed by Lytle Batten and received at my home on March 27,1010 stating that they received a check from the total loss at Geico in the amount of $4751.35 and there is a balance of $4,617.78 due on the account.  Then he goes on to say and I quote "At this time, we will not declare your retail installment contract to be in default.  You may pay either the total balance shown above by your next payment due date or continue to make your scheduled monthly payments as stated in the original contract.  If you do not make your remaining payments, you will be in default and we will exercise our rights under your retail installment contract." end quote.

    Unless I missed something in this letter sent after the reposession if the vehicle installment contract is not in default per this letter where is my vehicle and in my eyes it has been stolen. 

   After much research on J.D. Byrider this type of behavior is not suprising as there has been hundreds of personal claims against them as well as class action suits in other states for their practices.  I have now also completed the complaint to be filed with the North Carolina Consumer Fraud Department and also another complaint to be filed with Department of Justice also in Raleigh, NC.  Also this week I will be filing an action in small claims court for the maximum amount allowed for damages in reference to the actions taken.

   I submit this information in hopes it will not only allow for peaceful resolve in this matter without planned litigation but I have obtained an attorney and am prepared to persue this to the full extent of the law if not.  I also submit this to hopefully help any others who may be considering doing business with J.D. Byrider in the future against doing so to keep them from having to deal with such situations.  Is it not bad enough my life was nearly taken in this accident and yet because the process of a fully insured motorist total loss claim is not "fast enough" they would resort to such a low stooping action after perfect payments for nearly a year only to collect a check quicker?  Thank you for understanding my position and responding as soon as possible.  Please think again, this was my first car purchase with a co-signer and I found out after signing and accepting the car I would have qualified for a mainstream car loan instead of the 27% through this company.  I have learned a hard lesson here... Do not make the same mistake.. If need be... walk...

    As far as their "warranty" this car went in to the shop for same problem 2-3 times on couple occasions.  totalling over 10 trips to the shop in 8 months.  One example is when tail lights shorted out melting the tail lenses on both sides and blowing bulbs.  The next day car was picked up to find the repair which was fully warranty with parts and labor consisted of replacing the bulbs and hanging them in the melted plastic with duck tape.  I took photos and contacted saying it was unacceptable and dangerous as tail and brake lights were barely visible and had to make another appointment days later for them to actually replace the lenses as should have originally.  So, dont let them justify they 27% on a car due to their extra special warranty as it is total bullsh~~!!!