"Additional Notes
Complaint: I had a contract through this company. 2yrs into the contract (Aug 5, 2011) my car was put into police inpound for 30days. I called and told them the situation, and that I would catch up on payments as soon as it was out of inpound. The company agreed that was fine, to keep them updated. I recieved a notice of intent to sale vehicle on the 26th of Aug, 2011. This letter stated that I had 10 days to come current on the car. I called them on or around the 28th to enquire about the letter. They explained to me at that time vehicle was already sold and there was nothing I could do (this call as most all others was recorded) I contacted a lawyer right away who told me to go down there right away with money in hand and ask for your car. I went down there on Sept 2nd with the final payoff of my contract. The lady at the front said "Mr Ellison are you here to get your car" I told her yes. She then went in back and a guy came out telling me car was sold and, and Jon was busy. I demanded to see Jon, and 20mins later he came out. He told me they sold the car at auction and if I felt like it to seek legal advice. I asked for my belongings that were in the car including my $5,000 stereo system that was disconnected (have reciepts) They took me to a storage shed in back but none of my belongings were there. I have called to get copies of auction statement, advertisement of auction but only laughed at, cussed at and hung up on. I found out later that the company filed a false insurance claim on vehicle and recieved $14,000 for it. They didn't actually sale the vehicle until June of 2012. I was once again lied to. This company has frauded me out of my money, frauded the insurance company out of theirs, and lied to me. I since gave power of attorney to a friend because of the terrible way they've treated me. They refuse to give me any answers and at one point Jon told me it was borderline 10days so deal with it. I video recorded my visit to pay off vehicle, I also recorded everyone of my conversations and still have them. This company also made some privacy inpractices by giving my personal belongings and personal information out to people.
Desired Settlement: I had over $12,000 in payments made on this car, $5,000 in stereo, too many upgrades to list. I have receipts for all. I want this company held accountable for what they've done. They took my money and have pushed me around and laughed at me. My total loss finacially is $20,000. I also lost my job at the time because I could not get to work and have had hard time finding one since. Please help make them pay.
Business Response:
Cactus Jacks Auto 01/21/2013
2440 W Camelback Rd
Phoenix, Az. 85015
602-443-5225
Better Business Bureau
4428 N 12th Street
Phoenix, Az. 85014-4585
RE: ***** T *******
ID # 9******
A
s the lien holder on his vehicle we received notification from the Mesa Police and All City Towing that our vehicle had been impounded and put on a 30 day hold. It was involved in a accident and was not drivable. Mr. *******’s account was $1100.00 delinquent and our records indicate it was the third time it was submitted for repossession. The vehicle was repossessed and picked up from impound and sold after 10 day holding period. We did not get sufficient proceeds from the auction to cover the balance owed.
I don’t feel this complaint should go against our dealership .This complaint is from repossession from 08/11 over a year ago
Thank you for the opportunity to respond to this complaint.
Sharon Manganelli
Office Manager
Consumer Response:
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[Provide details of why you are not satisfied with this resolution.]
Regards,
***** *******
This is an absolute lie on every level. This company has done everything from promise call backs, to cursing at me and hanging up on me. They've put me on hold and ignored me for up to an hour. I have also been inquiring about the vehicle since 08/11. I asked for reasons why they sold vehicle prior to 10day cure period, why I was never notified of sale (Consumer Contract Law states they must inform me directly of auction if less than 40% owed on vehicle, also may have to give 21days notice of the auction) how much the vehicle sold for as well as any documentation for the vehicle and or things partaining to it. I was told that I would have to subpoena those records and then they might provide them (everything listed above is on digital recording)
I called when I learned of the vehicle finally going to be auctioned (1yr later, which means their prior statement of auctioning it one 09/01/2011 was untrue) and spoke to jon which I had previosly done several times. I asked Jon about sale of vehicle, he told me just be glad they didn't come after me for default on the loan. When I asked him what the vehicle sold for and when, he placed me on hold for 25-30mins and came back and stated "the car auctioned 09/01/2011, and that they gathered $3,900 for it" which makes the companies response to this complaint misleading and wrong. I asked him how they could sale it prior to the 10day cure period. Jon stated " Well its borderline 10days. So there you go." Which backs up the fact that they were again lying to me.
The amount late on the vehicle was not $1,100. They are including repossession fees, police impound fees and storage fees. Also I communicated with them explaining the vehicle was impounded. I asked them if I could catch up the payments on 09/05/2011 when I was allowed to get vehicle from storage. They told me that was fine to keep them informed and I may incure late charges. I wanted to make sure I had all the money for impound fees. The statment they made that car was not drivable was also false and misleading. The car was in an accident in Dec. 2010 and I was still going through the legal process with the people that hit me. The car was driven every day for a year after that and up to the day that car was impounded. In fact Cactus Jacks filed a fraudulent insurance claim on the car stating that the car had been involved in an accident with an animal and collected over $12,000 for it. This caused me to have to close my civil suet against party that hit me. (EVERYTHING LISTED ABOVE IS ON DIGITAL AUDIO RECORDING ALSO HAVE CARFAX REPORT BACKING UP MY STATEMENT OF FRAUD CLAIM)
As for the false statement that Cactus Jacks made alleging they waited 10days to sale the vehicle. This again is completly false. The letter was recieved a letter from Cactus Jacks 8/26/2011. This was on a Friday, the following Monday was a holiday. I called on the 30th of August 2011 and spoke with the finance department about setting up a time to regain possession of my car. Jon stated to me "Mr. ******* your car has already been sold, sorry but we handle impounded vehicles however we want" I called a couple times thinking that they had made some sort of mistake. I then contacted a lawyer who told me go down with cash in hand and a recording device of some kind. This I did and when I got there the receptionist told me "are you here to get your car Mr. *******" I said yes. She came back she had a gentleman with her who stated car was already sold. I asked to speak to Jon and they said he wasn't available. I said I'll wait then. He came to a window after a few and told me "Mr. ******* I told you over the phone that the car was sold" I told him theres gotta be some mistake. Before I left I asked how could they sale it prior to 10day cure period. Jon replied "If you feel like it, you can contact a lawyer" I demanded my property back and he told me there was nothing in the vehicle. (I had $5,000 stereo system in car **amp and speakers had been disconnected day of impound** tools, laptop, and much more) I never recieved my personal belonging inc. my liscense plate. I demanded copies of all documents they had and Jon stated he had none. He also said they dont enventory personal items before sale and most likely it was all thrown away. (EVERYTHING LISTED ABOVE IS ON DIGITAL RECORDING AND VIDEO RECORDING. MESA POLICE & ALLCITY TOWING BOTH DID A DETAILED ENVENTORY ON ITEMS INSIDE THE CAR)
Cactus Jacks needs to be held accountable. If they decide not to comply and remedy the actions they've made then I will have no choice but to file a lawsuit against them. In this process I will seek treble loss as Arizona civil law allows and incourages. I will include legal fee's, loss wages, loss of personal property and for my time and personal disstress. The fact is they would be required to pay as much as $75,000 if we go with this remedy.
Cactus Jacks made mention of the fact it was a year ago this happened. It was and I've tried every avenue to solve this issue. It is expensive and time consuming to place a suit against someone or a company and I feel that Cactus Jacks has used this to their benifit. Also I signed Power of Attorney to a close friend, and he filed a complaint with the BBB and they refused to come to a mutual agreement with him either. They know what they did was a direct violation of Consumer Contract. The insurance claim made was also illegal and a crime.
******EVERY PHONE CALL AND VISIT IS ON DIGITAL VIDEO/AUDIO RECORDING*********
******RESPONSE FROM LAWYER I'VE BEEN IN CONTACT WITH. HAS SEEN MY BURDEN OF PROOF AND WILLING TO TAKE CASE ON CONTIGENCE FEE'S****
You have cause to bring a civil suit against the creditor because they violated the terms of the contract. A debtor has 10 days - a right of retrieval- from the date of repossession to come current on the loan (and pay repo costs) and then they have the legal right to get their car back. If you owed less than 60% of the original loan, you must have been given notice of the time and place of the sale (which had to be a reasonable location, price etc). If you more than that, the creditor could choose to keep the car, or sell it. You would have 21 days to protest this and demand a sale. Again the creditor must conduct the sale as a reasonable person would.
Any sale proceeds would go towards the balance owing, plus repo costs, with any excess sums being returned to you.
Any personal property should have been itemized in a letter to you, instructing you to retrieve it by a certain day or it will be sold/disposed of.
Since the creditor ignored most of these rules, you can bring an action in civil court for the full amount owed on the car, plus the value of your personal property.
I thank you for your time and look forward to your response. Please feel free to contact me if you need to.
Yours sincerely
***** T. *******
BBB's Final Determination: The business failed to resolve the complaint issues."