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  • Report:  #80844

Complaint Review: Don Davis Auto Group - Regency Acceptance - Tim Semler Account Rep. - Arlington Texas

Reported By:
- Arlington, Texas,
Submitted:
Updated:

Don Davis Auto Group - Regency Acceptance - Tim Semler Account Rep.
716 Ryan Plaza #103 Arlington, 76011 Texas, U.S.A.
Phone:
817-261-8828
Web:
N/A
Categories:
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Re: Deceptive Trade Practices- Consumer Protection Violation; CaJuan M. Simpson;

1997 Hyundai Sonota

Please be advised that I purchased a 1997 Hyundai Sonota from their establishment (Lot #6) on June 9, 2001.

When I purchased the vehicle it had 84,182 miles on it and your sales representative and dealership manager Lee G. guaranteed me that there had been no major problems with the vehicle.

On February 25, 2002 the car began to sound like an extremely loud tractor and stopped running and I had it towed to Pep Boys in Arlington, Texas. I contacted Tim Semler and at this time was advised to allow Denny's Towing Service to tow my car from Pep Boy's to an undisclosed location. I was informed that my car would be checked out and I would receive notification of any impending problems. Denny's Towing Service towed my car from Pep Boys on February 27, 2002. I was informed that the timing belt had failed and would need to be replaced for an amount of $694.10 (tax and towing fee included). I was informed at this time that the engine had been tested and fortunately had not been affected by the broken timing belt. I was informed that I could allow your mechanics to replace the timing belt and pay a $100.00 down payment towards the cost of repairs and have the remaining balance added as an extra charge which I would begin paying off on August 16, 2003 after paying entire note on vehicle purchased. I agreed to these terms and on March 1, 2002 I paid the $100.00 down payment and picked my car up. (See enclosed receipt, #09313.) I in return received an addendum to retail installment contract and security statement which stated that two timing belts, a crank sensor, and crank shaft blade were replaced. (See addendum dated and signed 03-01-02.)

On March 1, 2002 after picking the vehicle up it stopped running again. I immediately contacted Tim Semler and was informed that Denny's Towing Service would pick my vehicle up on March 2, 2003. My vehicle was in fact towed to an undisclosed location and I was informed on March 5, 2002 that my transmission was not functioning properly and would need to be replaced and that the right passenger axle should be replaced. I was informed that the cost would be $1231.00 (tax included). I again agreed to allow the mechanics to work on my vehicle and I paid $100.00 towards the remaining balance for the repairs on March 7, 2002 and picked my vehicle up. (See enclosed receipt, #09313.) At this time I again received an addendum to retail installment contract and security statement which at this time stated that the transmission was removed and replaced with a rebuilt transmission, the front transmission mount was replaced, and the passenger axle was replaced. (See addendum dated and signed 03-07-02.) While driving the car home I noticed that the car sounded exactly as it did when it stopped running on February 25, 2002. Therefore, I contacted my significant other and he advised me not to drive the car until he could drive it and listen to it. He drove the car on Sunday March 10, 2002 and stated that it should not sound as it did and stated that I needed to take it back to the dealership. On March 13, 2002 I contacted Lee G. and was informed to bring the car in to be inspected. On the way to take the car in for the inspection the car again stopped running. I contacted Lee G. and he had a sales representative to pick us up and take us home and again had the car towed in to be inspected.

On March 15, 2002 I was informed that the engine was not functioning properly. (After, being told in February, that the engine did not have any damage/problems due to the timing belt malfunction.) I was informed that an engine would have to be located and was denied a rental car by Tim Semmler. I was informed on March 18, that the cost to repair/replace the engine would be $1845.00 (before tax); however, the charge of $694.10 incurred on March 1, 2002 related to timing belt malfunction would be offset due to the fact that the timing belt is included with a replacement engine. The total at this time would then be $1243.51 (tax included). I was informed that I would not have to make another $100.00 down payment towards the remaining balance for these repairs. I again agreed to have your mechanics work on my car. On March 26, 2002 I picked my vehicle up and again received an addendum to retail installment contract and security agreement which stated: rebuilt long block, oil, oil filter, plugs, gaskets, and thermostat. (See addendum dated and signed 03-26-02.) The engine light was on at the time of pick up and I asked why it was on. I was informed by Lee G. that the engine would have to reset itself and the light would in return turn off.

On April 18, 2002 I contacted the dealership and spoke with Lee G. due to the light had not gone off and was advised that it would reset itself again. On April 26, 2002 I again contacted the dealership and spoke with Lee G. and was informed again that the engine would reset itself and the car did not need to be brought in. May 20, 2002 I took my vehicle to Auto Zone and had it tested with their machines and was informed that the codes the machine listed indicated seminal valve problems which are related to the engine. On May 21, 2002 I again contacted Lee G. and was at this time informed that he would set an appointment for me to bring the car in to have it checked out due to engine light being on and codes from Auto zone. I did not receive a phone call regarding a date to bring my vehicle in for further inspections. And On May 26, 2002 my car stopped running once again. I contacted Tim Semler and was rudely informed not to call him regarding anything other than my payments. I explained to him that at this time I was current on my payments and only needed to speak with him regarding my vehicle not running again. He stated don't call him about my car and hung the phone up. I in return had my car towed to Pep Boys in Arlington and was informed by their service manager Bruce Hogg that wires were unplugged from the engine and that is why the check engine light was on. I was also informed that the R&R timing cover, crank pos. sensor, crankshaft angle sensor, and evap. purge solenoid all related to the engine needed to be replaced. (See attached invoice, #0715 1155666.) I authorized repairs and in return paid Pep Boys $519.12. (See receipt, # 431347.) These items had supposedly been replaced/worked on by your mechanics and I had already incurred charges related to these items; therefore, being charged for them twice.

On July 11, 2002 the car again stopped running and was towed in to Pep Boys. At this time I was informed that the engine was shot By Bruce Hogg the service manager. And that the engine had numbers written on it indicative of parts from a junk yard. The estimated cost of repair was $3911.17 which included an engine and other items that I had already been told had been replaced on my vehicle and that I had incurred charges for. (See attached work order, #07151157666.) I at this time contacted my attorney to begin filing a law suit to protect my vested interest in my property due to I was deceived by the dealership concerning repairs to my vehicle and ultimately continuing to incur charges for items that I had already been charged for through your dealership. And I also requested that my attorney speak with the dealership regarding taking the vehicle back and disposing of the purchase agreement without a repossession being filed on my credit. My request for transfer of property back to original owner / lean holder was denied. However, my attorney contacted Tim Semler and we (I again reluctantly) agreed to have the car once again towed to his mechanics by Denny's Towing Service and to have the necessary repairs done at no additional charge to me in lieu of a lawsuit. I again reluctantly agreed to have your mechanics correct the problems to my vehicle that they had not corrected prior to but, had charged me for. I authorized release of my vehicle to Denny's Towing Service on July 23, 2002. I requested a loaner car while repairs were being done to travel back and forth to work on July 26, 2002 and was denied a loaner car by Tim Semmler. I contacted Tim Semler on august 1, 2002 regarding when my car would be ready for pick up and I was told August 2 or August 3, 2002. I called both days and my car was not ready for pick up. I requested to know the location of where my vehicle was being repaired and was informed that, that information could not and would not be released to me. I requested as I had several times before to speak with Mr. Semler's supervisor and was informed that he did not have to give me that information as well. I again requested a rental car due to loss wages related to not having a car and again was denied a loaner car by Tim Semler. On August 10, 2002 I contacted my attorney and informed him of my inability to acquire transportation to get to work and the fact that my car was not ready.

My attorney contacted Tim Semler and he informed my attorney that my car would be ready by the evening of August 12, 2002. At this time Tim Semler stated I could rent a car and bring in the receipt and he would offset the charges by deducting the amount from my car note. This was a Friday and I did not need the car for the weekend so I waited and picked my vehicle up on Monday Aug 12, 2002. 11 days past the date the vehicle was supposed to have all repairs done. And after having the car for 21 days this time for repairs that were suppose to have already been done. I received an invoice from J.I.S. Japan Auto Engines, INC. which showed the repairs made to the vehicle and a charge of $550.00 (see attached invoice, #33385.) $3400.00 less than the amount of estimated repairs needed per Pep Boys to repair the junk yard engine.

And, again the check engine light was on and again I was informed that it would reset itself. The check engine light never went off; therefore, I assume that the engine never reset itself or that once again I was deceived.

On January 10, 2003 the car again stopped running and I was informed that the transmission was not function properly. I again had to pay for the repairs to be done to my vehicle but, could not have them done immediately.

On June 12, 2003 the car again stopped running and I was informed that the timing belt was broken (actually in shreds) and that the balancing belt was broken (also in shreds) and that the engine has an oil leak and that the location of the leak is not repairable. I was informed that once again the engine will have to be replaced. I was also informed that timing belts do not malfunction in that short of a period of time and that my engine is non repairable. I contacted Tim Semler and he contacted my attorney and now after an additional year of paying on the car and out of pocket expenses related to repairs, he decides to offer me the opportunity to turn the vehicle in and not receive repossession on my credit. At the time the offer was made I only owed $285.28 on the actual balance of the car. The additional $2968.61 owed was for repairs that were not done to the vehicle. I declined the option to turn the car in at this time due to I had basically paid for the vehicle. At this time there is no balance owed toward the actual purchase price of the vehicle.

At this time I think that the car is beyond repair. And these problems have created a safety issue for me and my family. In addition, I do not know what further damage have been done to other parts related to the engine and transmission. In my opinion Regency Acceptance/Don Davis Auto Group knowingly and intentionally sold me a lemon and is in violation of Article 4413(36) Vernon's Texas Civil Statue (Texas Motor Vehicle Commission Code). Regency Acceptance/ Don Davis Auto Group and its representatives are also in violation of the Texas Deceptive Trade Practices Act for misrepresentation regarding the vehicle not having any major problems prior to me purchasing it, and regarding the repairs that were done to the vehicle and charged to me.

The vehicles transmission went out again in October 2003 and the estimate fr repair is $2700. Since this time I have been harssed by Tim Semler via telephone and from a pay phone after work hours. He has pulled my credit almost on a daily basis without my signture on an application for credit which is a crime. And he repeatedly calls my job and home anonomously which is a direct violation of the Fair Debt Collection Act. He also made false statements to the credit bureau (Experian) stating that the subscriber could not locate me and had this false statement put on my credit file on 12/05/2003. And, I have lived at the same address for almost 4 years and had the same telephone number which he speaks to me on every day including some Saturday's. he also made a false statements which is also a crime to a third party concerning mt credit history with their company and stated that my car had been repossessed several times. My car was never repossessed at any point by Regency Acceptance or any one else.

I spoke with the Gm Rick Coleman on Febuary 2,20003 regarding my current issues and he contacted me the next day and stated that he had spoken with Tim's supervisor James Harrington and that Mr. Harrington was anxious to get these isssues resolved. I left messages for Mr. Harrington for a week and he never returned my phone calls. I also spoke with Katie Belia the Prsident of Don Davis's assistant and I have not heard form President Robert Howard as of this date.

I will file a lawsuit against Regency Acceptance/Don Davis Auto Group for all appropriate remedies under Section 17.50et. Seq. of the Texas Deceptive Trade Practices-Consumer Protection Act and Article 4413(36) Vernon's Texas Civil Statue. In the lawsuit I would expect to recover not only actual damages, but also mental anguish damages due to harassment and my credit report being pulled and the false statements placed on my credit report as well as spoken to a third party, prejudgment interest, damages for loss of my vehicle including loss wages and fees associated with having to withdraw from school due to lack of transportation, damages for vehicle rental reimbursment, attorney's fees, and all additional damages I am entitled too. I am aslo filing a complaint with the Better Business Bureau which already states that this company has an unsatisfactory record, with the Attorney General's office, and with our local News Stations, and the Consumer Protection Assistance office. I also plan to file criminal charges with the Arlington police against all entities due to harassment and issues with my credit report and false statements about my credit.

CaJuan

Arlington, Texas
U.S.A.

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