This is an updated complaint. On December 27, 2009, I sought to purchase a 2010 Nissan Murano from Bay Ridge Nissan. Sales consultant, Anatoliy Y, who had met with my wife and I that day, told us that financing the vehicle would be much more financially advantageous for us and would allow him to earn a higher commission. We reached an agreed upon price of $30,900 for a 2010 Murano SL including a $500 destination fee and a $200 bank fee. It was agreed that the aforesaid price excluded the sales tax, a 2.9% finance APR and Department of Motor Vehicle fees.
Furthermore, Mr. Y stated that Bay Ridge Nissan would pay us $4,200 for the trade-in of our 2001 Honda Odyssey EX. After a sales agreement reflecting the aforementioned price, fees, and trade-in value was signed, Mr. Y informed us that we were required to sign the title of our 2001 Honda Odyssey and hand it to him to make photocopies. After photocopying the signed title, Mr. Y neither returned the original title nor a photocopy of the title back to us, claiming that the possession of the title was a mandatory condition for all trade-in agreements.
Following the acquisition of an insurance policy on the 2010 Murano, my wife and I returned to the dealership on December 29, 2009 to meet with financial manager Rakhman P in order to discuss our finance options. Mr. P had taken the copy of the sales agreement provided to us and electronically entered the prices, fees, and trade-in value of the 2001 Honda into a Simple Interest Retail Installment Contract. During the course of the meeting, Mr. P stated that the vehicle had 19 miles on the odometer and persuaded us to purchase an additional $1,500 security and warranty package, which would be added to the price of the vehicle in order to avoid higher interest fees.
Mr. P had then told me to sign my name on an electronic pad. I had requested that Mr. P allow me the opportunity to review what I was signing prior to signing the document because the content of the document was only visible and accessible to Mr. P on his personal computer screen. Mr. P assured me that all the information was correctly entered, that I would only be able to receive a paper copy of the document once I took possession of the vehicle, and that I should not worry. After signing the electronic pad, my wife and I proceeded to meet with sales manager Dmitry R. Upon meeting Mr. R, he smiled and impermissibly took the copy of the sales agreement from my right hand without my consent. When I asked why he had forcefully taken the sales agreement document from my hands, Mr. R stated that the sales agreement was no longer required and that all the information in the agreement would be stipulated in the final contract.
On December 30, 2009, Mr. Y contacted my wife Galina to inform her that the car will not be arriving at the dealership that day, as it was being driven to the dealership. When Galina inquired as to whether the car was being driven or transported by freight, Mr. Y replied that the car was being driven by another individual from another out-of-state dealership and would arrive with approximately 500 miles on the odometer. Galina stated that such mileage was unacceptable and demanded that the dealership provide her with a car with less mileage. Mr. Y stated that he refused to provide Galina with another car and that she was required to take possession of the vehicle upon its arrival at the dealership.
On December 31, 2009, Galina went to Bay Ridge Nissan to speak with Mr. Y regarding the vehicles high mileage. Mr. Y had explained that the vehicle had 345 miles on the odometer but was still considered a new car. Galina had once again suggested that such mileage was unacceptable and requested to see all the paperwork pertaining to the sale of the vehicle. Although her initial requests were refused, the paperwork was finally provided to her. Upon examining the paper copy of the Simple Interest Retail Installment Contract signed by myself on December 29, 2009, Galina had noticed that the cash price of the vehicle was stated to be $34,453 excluding taxes, finance charges, and Department of Motor Vehicle fees.
When Galina inquired about the $2,053 difference between the originally agreed-upon price and the price stipulated in the Simple Interest Retail Installment Contract, Mr. Y stated that the price stipulated in the Simple Interest Retail Installment Contract was correct and that I should have read the contract before signing it. When Galina explained that I was unable to read the contract because Mr. P did not permit me to do so and that Mr. P recited the agreed-upon price when entering the data on his computer, Mr. Y stated that the car was now in our possession and attempted to place the keys of the vehicle in her pocket. Galina refused to take possession of the vehicle and told Mr. Y that she did not consent to being touched or having him place the keys into her pocket. Galina stated that she wanted Bay Ridge Nissan to return the title of her 2001 Honda Odyssey but Mr. Y refused and called in Mr. Michael O, general sales manager, to speak with Galina regarding her request.
Mr. O told Galina that she would not be receiving the title to her 2001 Honda Odyssey back because the car was now Bay Ridge Nissan's property and that the dealership would repossess the car if it was not brought in for the trade-in. Mr. O also stated that Galina was now bound to the contract and had to take possession of the 2010 Murano or else she would have to be charged a daily storage fee. Furthermore, Mr. O stated that Galina would have to make payments on the vehicle regardless of whether or not she took possession of it or else my credit history would be ruined. Galina left the dealership without taking possession of the vehicle.
On January 2, 2010, Galina attempted to contact Quantum Auto Group LLC, Nissan's credit institution, to inform them of the dispute that arose with the dealership. However, such attempts were unsuccessful as Quantum Auto Groups website was no longer in existence and their telephone numbers were disconnected. Galina also attempted to contact Nissan Motor Acceptance Corporation regarding the same issue. She was told by several employees at the Nissan Motor Acceptance Corporation that they were unable to assist her with her dispute and that she would be billed for payments regardless of whether a dispute arose between herself and the dealership. Galina also contacted the Nissan North American Headquarters regarding the dispute. The Nissan North American Headquarters stated that they will investigate the matter but were unable to assist Galina in the termination of the Simple Interest Retail Installment Contract.
A bill in the amount of $482.84 was received on January 12 from the Nissan Motor Acceptance Corporation. A call was placed to the Nissan Motor Acceptance Corporation and was answered by operator Matthew who stated that he was unable to stop the processing of the monthly bills and that if they were left unpaid, such activity would be reported to the Credit Bureaus. On January 21, 2010, I received a letter from Mr. O stating that Bay Ridge Nissan was charging us a $175 storage fee for the Nissan Murano as of January 11, 2010. That same day, I received a monthly statement from the Chase credit card where it was discovered that Bay Ridge Nissan had also made an unauthorized charge of $4,200 to the credit card on January 4, 2010. The $4,200 is the exact amount that was promised for the trade-in of my 2001 Honda.
Despite the charges mentioned above, we continued to receive harassing phone calls and letters on a daily basis from various Bay Ridge Nissan employees and from Counsel appointed by Bay Ridge Nissan who threaten to take action to repossess the 2001 Honda Odyssey and bill us for daily storage fees of the 2010 Murano. Chase Credit Card Services informed me that I will be credited the $4,200 because the charge was made without my authorization. However, Chase Credit Card Services had also informed me that I may be charged back for the $4,200 if Bay Ridge Nissan provided documentation that indicated that the $4,200 was made with my authorization and that the vehicle in question had, in fact, 19 miles on its odometer and was being sold for the agreed upon price of $32,400.
On March 11, 2010, I had received a package from Chase Credit Card Services which included a letter from Whitney H, Chase Cardmember services Financial Service advisor, stating that Chase Credit Card Services was re-billing me the $4,200 charge. Mrs. H stated that according to the documents and letters sent by Bay Ridge Nissan, I had taken possession of the 2010 Nissan Murano and was therefore bound to pay the $4,200 charge. In the above mentioned package were copies of all the documents forwarded to Chase Credit Card Services from Bay Ridge Nissan, including a copy of the original sales agreement signed by myself and Mr. Y showing an agreed-upon price of $30,900 (prior to consenting to the purchase of the $1,500 security and warranty package). Within the packet of document was also copy of a letter sent to Chase Credit Card Services from Lina C, Bay Ridge Nissan Office Manager indicating that I had accepted and received the merchandise. However, I have never taken possession of the vehicle from the dealership.
Furthermore, a copy of the second page of an MV-82 form was also attached in the packet from Chase Credit Card Services. On this form, you will find that there is a forged signature in the certification clause of the document. I was never shown the above mentioned MV-82 form and had never signed the certification clause of that document. Please review and compare the signature in the MV-82 form to the signature found in all other documents. I believe that by forging my signature on the MV-82 document, which permits Bay Ridge Nissan to charge other amounts to my credit card, Bay Ridge Nissan had charged $4,200 onto my Chase credit card without my authorization. An attached copy of the sales receipt dated January 4, 2010 in the amount of $4,200. Also included in the package is signed by an unknown signatory and reads paid by phone.