Consumer complaint received 2018-05-24
Company: Harley Davidson Financial Services Inc
State: MO
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
Missouri Lemon Law If you've just gone into debt for a brand new set of wheels, it can be frustrating to discover that your new car has some serious problems. Fortunately, the Missouri New Vehicles Warranty Law can help. Also known as the " lemon law '', this statute protects drivers by forcing manufacturers to honor a vehicle 's express warranty. 

Basically, the lemon law requires vehicle manufacturers to replace or refund your defective vehicle after a reasonable number of failed attempts have been made to fix the problem. 

The Missouri lemon law covers purchased and lease-purchased vehicles that are under the manufacturer 's new vehicle warranty. 

The following vehicles are not protected by the MO lemon law : Commercial vehicles. 
Off-road vehicles. 
Mopeds. 
Motorcycles. 
The living quarters of motorhomes and recreational vehicles. 
To qualify for protection under the Missouri New Vehicles Warranty Law, your vehicle must have been out of service for 30 business days or more, or has had 4 attempts or more to repair the vehicle. If your complaint is found to be valid, you will be entitled to either a replacement vehicle or a refund of the vehicle 's purchase price. 

On XX/XX/XXXX while browsing the motorcycle dealership I was pressured, and deceived into buying a XXXX XXXX XXXX XXXX. It was the middle of winter, XXXX desperately wanted to sell a bike, and lied to me during which time about several important factors that lead to my decision to back away from the purchase. First of all, my cousin had just died, I have a fear of airplanes, and motorcycles, so in attempt to overcome obstacles I decided to learn to ride. Never got a chance to because I was so upset over this purchase. The dealer started by telling me I could change the front foot controls, to mid controls. After putting down a deposit, and leaving a post dated check I learned this was untrue, you can only put mids on the XXXX XXXX edition, and I just happened to purchase the XXXX edition. This created a concern of keeping the bike stable, and balanced while riding because I have a damaged right leg due to the result of XXXXXXXX XXXX into my XXXX XXXX XXXX while driving in XXXX County prior to this purchase. Further more, the finance manager was rude, and I complained about him seeming XXXX. They changed the person I was working with to a lady, who then unlawfully added the price of add on equipment into the bike which actually should have been paid for in cash in attempt to get more loan money from the lender. This caused me additional interest that could have been prevented if the dealership was not using deceitful tactics. I removed the funds from my bank, because I gave them about {$400.00} in cash, and a {$2800.00} check that I did not want to go through after they refused to refund my cash over the lies they told to sell the bike. They then used the XXXX district attorney office to threaten me into paying, at the time I did not realize my consumer rights were being violated due to morning the death of a family member, I came in cursing, and paid. Your officers may remember getting called upstairs about me, if you review the letter that was sent out from bad checks. The check was not bad, as you see I had all the cash that I paid at the district attorney office by reviewing your records. They used you to force me into a purchase made under duress using deception, and fraud while XXXX discriminating against me. You should also be advised the bike never started before, during, or after the purchase. I never heard the motorcycle cut on, it was a rushed process I was tricked into. They told me a new battery would be put in, before sending me upstairs to look for other items because this vehicle was on the showroom sells floor and would not fully cut on, only the lights would turn on. When parts told me that the salesman gave me the wrong information I got upset which started the chain of events causing me to not want to finish the purchase, until your office sent a letter threatening me of a felony if I didn't follow through on a bad deal after being discriminated against. They had trucks outside in the parking lot with confederate flags that belonged to the employees. To make things worst after I tried backing out, but they would not allow me, the general manager signed a paper stating he would buy the bike back if I didn't drop it. The bike didn't run to be dropped, I called the buy back manager before the date of XX/XX/XXXX, and only kept getting told he was out in the warehouse, would call back later. When I did reach XXXX XXXX he told me he would look into the matter, but never followed back up, ignoring all calls, voicemails afterwards trying to not take the bike back at the price promised by the date. Which now has lead to them trying to buy bike for cheaper amount even through motorcycle has never been rode. The miles on the paperwork did not match mileage on bike, dealer attempted to type lower amount on title then what they delivered it with which is tampering with odometer. After dealer forced me into purchase I was so angry I didn't go back to location, because I was afraid XXXX PD would be called if I started disturbing the peace, so I called telling them to deliver what I paid for. When they did bring the bike it did not have oil, and it did not start. I have XXXX, I was so stressed out, I got XXXX, and just left it parked in my daughters, mothers garage because I had no clue what else to do. I made 2 payments because I was worried about my credit, tried calling HDFS to explain the situation, they never followed back up so I ceased payments. After telling the financial company my concerns about the bike being tampered with, delivered damaged ( non-running ), and the deception their response was to sell the account off to XXXX XXXX XXXX who should be called Con artists for attempting to illegally collect an invalid debt that should've been voided in the first place if it wasn't for the XXXX check department forcing me to pay after I was lied to which is not right! The financial company tried selling me the bike outright since I complained about the purchase for {$9700.00}, when I told them I wanted a refund, and would pursue legal options the collection company is now harassing me for {$11000.00} for something that would be paid for if deception and fraud was not used to sell the motorcycle. Under Missouri Lemon Law it is unlawful to sell a brand new vehicle that is defective! The battery still does not work, and the bike has never had oil. I could not voice my frustrations because of the situation with the check department I didn't know what action to take, but now Im demanding arbitration, or a lawsuit in federal district court.

Company response to consumer: Closed with explanation