Consumer complaint received 2018-12-18
Company: COOLEY ENTERPRISES INC
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Problem with signing the paperwork

Complaint:
The dealership has modified the contract without my knowledge and/or consent. XXXX XXXX XXXX XXXX has the original contract that shows incorrect lien holder, they received it on XX/XX/XXXX, XXXX XXXX WAS NOT listed as the lien holder on the original contract anywhere. On the original contract shows XXXX XXXX as my lien holder on every page that was signed and that is NOT the correct financial institution that funded this contact. 

XX/XX/XXXX, a pre-approval was issued by XXXX XXXX XXXX XXXX so I went to XXXX XXXX XXXX in XXXX on XX/XX/XXXX, presented my XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX, I purchased XXXX XXXX XXXX XXXX ( VIN : XXXX ) from XXXX XXXX XXXX located at XXXX XXXX. XXXX XXXX, XXXX, Texas, XXXX. The vehicle was FALSELY ADVERTISED online as a pre-certified. The dealership DID NOT DISCLOSE prior history of the vehicle at the time of purchase, such as the vehicle had a performance chip which and was tuned by the previous owner. XXXX Deceptive Trade Practices Consumer Protection Act ( DTPA ) states the failure to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed. The names of the sales employees were XXXX XXXX, the sales manager was XXXX XXXX, and the finance manager was XXXX. 

On XX/XX/XXXX, XXXX XXXX XXXX XXXX, charged the manufacturer warranty, however, NO WORK WAS DONE ( see attached documents ). I waited in the lobby for over 4 hours, even when I informed them that I had a XXXX appointment in XXXX that I was unable to make due to the service advisor and service manager purposely kept me waiting when they knew exactly what was wrong according to a PRIOR work order dated XX/XX/XXXX ( see attached documents ). 

XX/XX/XXXX, I was in contact with the title clerk at XXXX XXXX XXXX, she informed me that the contract I signed, on XX/XX/XXXX, had the INCORRECT lien holder, XXXX XXXX, and that all of the paperwork would need to be resigned in order for her to get my plates issued. The title registration application has the incorrect address and was filed showing incorrect owner city and county. 

XX/XX/XXXX, I RETURNED THE VEHICLE TO THE DEALERSHIP! I spoke with XXXX, a finance manager, he reviewed the contract and said that it was INCORRECT but that it wasnt a big deal and all we needed to do was update the contract and sign it again. I informed him that I wouldnt be signing another contract and handed him the keys, his said that he will just update the contract and that he doesnt need me to sign another contract, my reply was that if he were to do such a thing, it would be ILLEGAL and I will contact the TXDMV and the XXXX. He followed me outside yelling at me to take my keys because I cant leave the car on his lot, that this is going to show as a repossession on my credit, and he was going to call the bank to come tow my car. My only response was for him to do whatever it is he felt he needed to do but that I didnt want anything to do with the vehicle. 

On XX/XX/XXXX, I spoke with an XXXXnvestigator from XXXX XXXX, she also acknowledged that the contract they had the wrong lien holder, so therefore, would get in contact with XXXX XXXX to cancel everything so a refund could be issued. 
XXXX XXXX funded this loan without reviewing the contract for errors and/or misprints. 

On XX/XX/XXXX, XXXX, XXXX XXXX finance manager, contacted me by phone threatening me that if I didnt pick up my car that he would make sure it was reported on my credit so that I would not be able to finance another vehicle. He was yelling at me accusing me of lying about the contract but when I put XXXX XXXX on a 3-way phone he immediately hung up. Afterwards, I spoke with the investigator from XXXX XXXX, she claims the dealership have a contract and a contract assignment which displays XXXX XXXX as the lien holder. However, the only contract/contract assignment form that I signed has XXXX XXXX ( see attached documents, date/time stamp at bottom ). 

XX/XX/XXXX, XXXX XXXX drove the car back to my house and left it parked on the street with the keys in the cup holder. I made it home 6 hours later, luckily my neighbor called and let me know people were in front of my house. The temporary tag expired on XX/XX/XXXX, I still have not received plates from dealership due to the information that the dealership has on the registration is WRONG! I  have already received a warning from the city about the car not being legal. 

XXXX XXXX tried covering up their contractual errors by falsifying parts pertaining to the original contract, as well as, misleading acts and/or claims such as justifying their actions by telling XXXX XXXXXXXX, after I returned the vehicle and refused to resign the new contact, that I requested to use XXXX XXXX as my lender, FALSE! As a matter of fact, XXXX XXXX DENIED my application on XX/XX/XXXX ( see attached document ). Why would any dealership make false allegations unless they obviously acknowledge that all of this occurred, due to their own mistakes, under no circumstances, should any dealership justify such UNPROFESSIONAL AND/OR DECEPTIVE CONDUCT TO EXTORT CONSUMERS BY PRACTICING SALES ACTS THAT PROVIDE FALSE STATEMENTS AS MATERIAL FACT, WHEN KNOWINGLY AND WILLINGLY COMMITTING SUCH ACTS WITH THE INTENTION TO DECEIVE THE CONSUMER IS AGAINST THE LAW AND IS IN VIOLATION OF THE CONSUMERS RIGHTS. HOW MANY OTHER CONSUMERS HAS XXXX XXXX INTENTIONALLY DECEIVED FOR THEIR OWN FINANCIAL GAIN? THE END RESULT IS ANOTHER VICTIM, XXXX XXXX HAS SCAMMED, WILL BE NEGATIVELY AFFECTED BY BAD CREDIT RATING WHICH BRINGS ECONOMIC HARDSHIPS FOR CONSUMERS. 

I also have voicemail messages from XXXX XXXX XXXX acknowledging the contract was incorrect and needed to be resigned in order for the title to be filed. The temporary tags have expired and the dealership is not cooperating with me to fix this problem. 

XXXX XXXX XXXX. : ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX , Texas XXXX

Company response to consumer: Untimely response