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Clear Lake Infiniti


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Amendment to Original Review/Complaint
Posted by Pro Se Consumer Advocate on 04/29/2007
HOUSTON, TEXAS -- I recently posted a review for Clear Lake Infiniti, Houston, Texas. After posting my review, I received a few comments, mostly saying I should just take my experience as a lesson learned and move on.

I have decided to repost my review, with more facts, more objectivity, including more legal commentary, in support of my complaint.

My wife and I needed a car, and after a few weeks of researching online, we went in person to Clear Lake Infiniti. I had a car in mind, test-drove it, and after applying for credit, we were told that the "Lender" would not finance this particular vehicle because it had more than 90,000 miles (*it had 91,000). I asked if it was a policy of the "Lender" and I was told that it indeed was. After looking at several other cars, I decided on another, similar to the one I wanted (*Honda Accord), except a newer model, with less miles, and of course a little more pricy. No problem.

We then signed a Sales Contract with a 13.9% APR.
We took the car home that day, and during that same week, Mr. Dang, Finance Director, contacted my wife to come in because they had not been able to finalize the deal with the "Lender."

We went in the following week, and Mr. Dang began to talk with a Lender on the phone and was negotiating with them. When he got off, he told us that he had extended the "Number of Months" from what we had originally agreed (*60 to 72 mos.), but he did not tell us anything about the interest rate.

Because he did not inform us that there had been a change to the APR, we relied on his representations (or omissions, better yet), and signed the Contract. A few days later, when I detected this, I contacted Mr. Dang, the Finance Director at Clear Lake Infiniti, and did not get a response. It's funny how fast they respond to Sales Inquiry, but not to the customers who already helped put some capital in their paycheck.

Anyways, my complaint does not only include what occurred during the Sales Transaction. After sending a complaint/inquiry to Mr. Dang and not receiving a response, I submitted a Complaint Form to the Attorney General of Texas-Consumer Protection Division. I copied Mr. Dang with a soft copy of this complaint, and he responded by calling me to my "place of employment" immediately, the following day, in what turned out to be a "harassing" phone call. In his call to me, Mr. Dang made both harassing statements, directed at both my wife and I, obviously intended to deter us from proceeding in the complaint process. Mr. Dang further attacked our personal characters, at one point criticizing us for having "marginal credit", for not being able to decide which car we wanted, as well as other harassing statements. What is also interesting to note, is that Mr. Dang said if I sued them for this, that "Mr. Fisher" was Clear Lake Infiniti's Attorney, and that Clear Lake Infiniti was owned by "Fred Haas." I did see the relevancy between his statements and the complaint at hand, but I quickly figured that again, these implied "threats" were nothing but attempts to deter us from proceeding with a complaint.

I am not sure which legal doctrine fits with this situation. At this point, and until further research and discovery, I believe that Clear Lake Infiniti, as a result of Mr. Dang's actions, have committed the following:

Related to sales transaction:

1.) Negligence (*Misrepresentations/Omissions);
2.) Fraud (*Fraudulent Inducement intended to induce customer into purchase)

Related to personal injury occurring after transaction:

1.) Intentional Infliction of Emotional Distress (*harassment)


I would like to note that the investigation(s) into this matter is continuous.

Thank you for your time and attention.




     
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Posted by *Brenda* on 2007-04-29:
Intentional infliction of emotional disress? So, his comments were so severe that they caused you to be depressed? Did you go to a psychiatrist after his comments?

Why don't you go see an attorney so they can tell you if you REALLY have any case.
Posted by Anonymous on 2007-04-29:
In your 1st post you stated that the interest rate went from 13.9 to 16.9 and you were upset. In this post you say the length of the loan increased from 60 mos to 72 mos and you had no idea when you signed it that the interest rate had also increased. Did you not read the contract before signing it? I'm still not convinced that you have a case here, but agree with Brenda, see an attorney and let them direct you.
Posted by *Brenda* on 2007-04-29:
If he had read the contract he would have seen everything written out for him. I don't get why people just sign anything without reading it first!
Posted by Anonymous on 2007-04-29:
Like to see what Mr. Dang's side is.
Posted by Pro Se Consumer Advocate on 2007-04-29:
the reason we didnt read the contract is because
(A) we relied on and trusted the Finance Director.... (B) because we were under alot of stress....
(C) my baby daughter was there acting up..
(D) we had been in this process for 2 weeks...

but mostly (A)
Posted by Anonymous on 2007-04-30:
*shaking head* I can say without a doubt you have absolutley NO case. Finance contracts clearly state the terms at the top of the page and every reason you gave shows no fraud by the dealer. You clearly admitted that you did not read the contract
Posted by Sparticus on 2007-04-30:
Never EVER trust the person on the other side of a contract! Car salesmen, real estate agents, you name it ... they are all in the business to make money... they are not your friend! (unless of course they ARE your friend... ;-)
Posted by tickytack on 2007-04-30:
I'm sorry, but I somehow do not believe your story. Might I point out, also, that using quotation marks around words such as "harrassing" as you did makes it definitely seem as though you're using the word sarcastically and that the calls were far from harrassing.

You also don't mention what your actual complaint is and, personally, I don't even know why you're posting here about this, since you have already filed a formal complaint with the company.

I think you're exaggerating. Sorry.
Posted by rhondam718732 on 2007-04-30:
The fact that you admit you didn't read the contract almost made my eyes roll into the back of my head. What court in the US would care to hear about your lack of responsibility for not reading a legal document presented to you???? Are you seriously kidding? I take it you are the only person who's never heard of the questionable practices of many car dealerships and decided that they had nothing but your best interests in mind and thought nothing about making $ for them? What happened to you is normal. Lenders reject deals and financing scrambles to find another one to cover the loan. Months get extended, rates go up, etc. Your reasons for not reading your contract are absurd. Trusting a stranger over your own eye is absurd. And if your daughter was a problem at the time, why couldn't one of you stepped outside while the other dealt with the imp matter at hand? I have children too and I wouldn't use them as an excuse to screw up a deal.
Posted by brianwitty on 2007-04-30:
I already posted exactly what I am 99% positive happened with your first quote- I will now say I didn't know this was a used car, and that I'm sure made Kyle Dang's Job so much harder to get you financed with what I assume your credit looks like (by the bank you mentioned, rates, and difficulty of the transaction.) Be happy he was able to help. Clean up your credit and next time you will have a much better experience. FOR THOSE OF YOU IN THE HOUSTON AREA-- This dealer is one of the best around they do NOT jerk people around, and KYLE DANG is the most honest finance director I have ever had the pleasure of working with. He would never put his job, the store or his freedom (or family) on the line to cheat someone and make a measly couple of hundred dollars. Again coming from someone who worked there- these are a great bunch of guys- they are NOT out to destroy their rep. and most of them wouldn't sleep well if they felt like they were cheating people. This was the BEST dealership I ever worked at and one of the most fun jobs I ever had. Had I not moved back to KY to raise a family and start business, I would probably still work there. GOOD PEOPLE - this is 2 years later.
Posted by shawnp80 on 2007-04-30:
the reason we didnt read the contract is because
"(A) we relied on and trusted the Finance Director.... (B) because we were under alot of stress....
(C) my baby daughter was there acting up..
(D) we had been in this process for 2 weeks... "

All of the above are three good reasons you should have walked out of there. You signed a contract with a horrible insterest rate which they tacked on 12 extra months and still signed it. This is somehow Mr. Dang's fault? It's never a good idea to be in a rush when your buying a car. Things like this happen when you're in a rush. Dont bring children with you either.

Posted by brianwitty on 2007-04-30:
After reading the other complaint you posted against liberty mutual insurance co. It is obvious to me that you are a very hard person to please- The mention that you had another problem with the last car you bought in 2004 and persuaded the Dealership to settle with you, as well as the mention that the Insurance Co. as well treated you in an unethical manner leads me to belive that you are the kind that considers yourself a victim. Grow up- If you want things to go the way you plan- educate yourself on the process and try to work with people not against them- You just may find that not everyone is out to get you!
Posted by brianwitty on 2007-05-01:
My mistake on Lib mutual- I misread. but my opinion about your experience remains the same.
Posted by Pro Se Consumer Advocate on 2007-05-01:
BRIANWITTY...I have never posted anything on Liberty Mutual....wrong person....please dont get me mixed up...with someone else..thank you
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Slight circumstantial evidence of fraud
Posted by Pro Se Consumer Advocate on 04/23/2007
On December 21, 2006, I was involved in an unfortunate car accident that caused me to lose my car. This put me in a desperated position, needing to urgently replace my lost automobile. I immediately began the research, and browsed several websites, looking for a Used Car to purchase.

After visiting Clear Lake Infiniti's website, and speaking to a Salesman, Buddy King, my wife, my daughter (2 years old) went to the Clear Lake Infiniti car dealership. This is where our nightmare began.

We thought we would have some straightalk after running my wife's credit, since she was applying on her name alone. What followed was like an hour of waiting, when I began to feel like we were being made to wait on purpose. Finally, after asking Mr. Kyle Dang, Finance Director, about what our rights were to negotiate the APR and the other terms and conditions of the Sales Contract, we hardly got a straight answer to any of our questions. Neither did Mr. Kyle Dang inform us of our rights to negotiate. At one point, I asked him if he could show me what APR's were available based on my wife's credit, he wrote down on a piece of paper, "11.9 for 4 years; 12.9 for 5 years; and 13.9 for 6 years." I did realize then, but understand now, why he wrote this on a piece of paper. I now believe it was to destroy any evidence that might show what he was representing to us.
Then things got a little more twisted. After not being informed of any rights available to us, even after I continually asked, we accepted a financing deal that included a 13.9% APR, for 5 years (60 months). We were made to wait awhile while they cleaned the car, then we left with a Sales Contract we were not too content with, because I felt for various reasons that I tried explaining to Mr. Kyle Dang, that the APR was too high. Nevertheless, we agreed to these terms.

In the week following this transaction, my wife got a call from Mr. Kyle Dang, Finance Director, at Clear Lake Infiniti, at her place of employment. My wife returned his call, and he told my wife that her and I needed to go back to the dealership to finalize our transaction. Not completely understanding what was going on, we returned to the Car Dealership the following weekend, on January 23, 2007. At this time, Mr. Dang told us he needed to "rerun" the credit, because he mentioned some issues with the Lender. At this time, my wife left the room to go buy milk for my baby daughter. Mr. Dang got on the phone with the Lender and was apparently negotiating with the Lender, who he said was "Citifinancial Auto".

After he got off the phone with the Lender, Mr. Dang waited for my wife to get back into the room, then proceeded with telling us that he had renegotiated the "Number of Months" so that the monthly payment would be lower. However, he did not inform us of the "rise" in the APR. Then, before signing the "new" Sales Contract, we were unaware of the "new, higher APR", and we believed that it was the same as before. I also did not understand why Mr. Dang would have renegotiated a Sales Contract, that ultimately turned out to be worse for us. I suspected then, and still believe now, that Mr. Dang was operating for his own benefit, mainly his commission pay for the transaction, rather than for our benefit as consumers.

With that said, I was reviewing the Sales Contract later that week, when I stumbled upon the slot with the APR, and sure enough, it was "3.0 %" higher than the one we thought we were agreeing to "13.9%". Then began the emails, and subsequently the complaints to various private and public agencies about what happened.
At this point, what I believe were fraudulent misrepresentations made by Mr. Kyle Dang, Finance Director, were made on purpose, and with the intent to induce my wife to signing a Sales Contract with terms and conditions were not made aware of. I know we should have looked it over before signing, but we trusted what we were told, and we relied on Mr. Dang's representations to our detriment.

After doing the math, it turns out Mr. Dang "renegotiations" with the Lender cost us in "Total Amount of Dollars" about $3,300.00.

Most damaging, after I emailed Mr. Kyle Dang two times, he finally responded by calling me to my work, and making demeaning statements about my wife and I. I was very emotionally distressed, and Mr. Dang was very harassing on this phone call, at one point telling me that if I was going to plan to sue over this, that "Mr. Wayne Fisher, [Attorney at Law]...was the Lawyer for Clear Lake Infiniti." He also tried to intimidate me further by saying that "Fred Haas owned Clear Lake Infiniti...", although I did not know what exactly he was implying, I understood his words were meant to deter me from continuing in the complaint process, to scare me and threatening me from pursuing this further.

Words cannot describe how horrible it feels to know that we were taken advantage of to a grossly unfair degree. Even worse, as a consumer, I felt I had done everything I could to prevent something like this from happening. I believed that the staff at Clear Lake Infiniti would handle us with ethical professionalism, and instead, we received treatment that I believe is not only fraudulent, but borderline criminal. I believe Mr. Dang knew full well what the negative effects of his actions were, but he failed to properly advise us and inform us of what we, by law, were entitled to be told.



Needing another car to get me to work was so important, that I knew I would have to purchase a car soon.
     
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Posted by Pomona Guy on 2007-04-23:
I am confused.
Posted by Anonymous on 2007-04-24:
I wouldn't say it is fraud, this is a common situation that people with less than good credit get themselves into. The finance dept at the dealership has trouble finding a lender (13.9% interest is high!), and sends the customer home before all of the numbers have been crunched and the deal is finalized, but promises that everything will work out just fine. A few days later, they call back, asking you to come in again and there you find that your interest rate is really higher yet (in your case, another 3%). By then, they hope that you have fallen in love with the car and are willing to take the extra hit.
Posted by Hugh_Jorgen on 2007-04-24:
Have you never bought a car before? Like justcuz said, this is becoming a more frequent "trick" dealerships use to jack up the rates. As far as your "right to negotiate", why would you expect the dealer to inform you of this? He doesn't want you to negotiate. Sadly, as you admit you signed everything without really reading it, it appears you are stuck with this deal. Consider it a lesson learned and do as much research and reading as you can before the next time you set foot into a dealership.
Posted by poppapia on 2007-04-24:
You actually thought a car salesman was looking out for you and not himself? As previously mentioned, chalk this one up as a lesson learned in how to not buy a car, and try to find a finance company that will offer you a lower rate.
Posted by dfields on 2007-04-28:
i agree with everyone! you took the time to 'research' the net, but didn't bother to get a credit report for your wife that will include her credit score?

i luv it when a financier tells me a bold-face lie about my credit score. i casually hand over my two day report from ALL three agencies. needless-to-say, they usually could crap bricks...LOL. not a dumb customer here. besides, my bank always beat everyone's interest rate.
Posted by Pro Se Consumer Advocate on 2007-04-29:
dfields...you must deal with financiers alot....but why do you still "deal" with them...even after they tell you a "bold-face lie?"
I would think a "smart" consumer like you would walk away rather than "hand over" you report and continue dealing with a financier who just lied to you....your call i guess
Posted by brianwitty on 2007-04-30:
Guys- let me give ya the scoop-First off I know nothing about this deal other than what I read here (and most all have immidiatly dismissed the dealership and finance dept. as being CROOKS- This is got to be at least 99% untrue. Here's why. Infiniti is a highline dealer (expensive cars) they do NOT want to put people in their cars for a week on a hunch that they may fall in love. NEW HIGHLINE CARS WITH 1000 MILES DON'T SELL AS WELL!! this is not a kia folks. Second When you buy a car and leave the lot it's yours-Unless for some reason (almost always poor credit or someone has almost insurmountable negetive equity in their trade) the bank that the finance guy is putting you through or thought he was putting you through rejects the contract on the basis of risk- Citiauto is a lender that deals primarily in poor credit. (with poor credit, sometimes it takes a feww days to get the deal done)- the writing on the paper was an estimate of what he tought he could get it done at and try to make some money too, but first and foremost get it done and move the unit. Calling you back in, after a week means he spent a week working his butt off trying to convence a lender to take your deal then when he finally did, he called you, and got you back in to sign or your wife to sign. At this point, it probably made ALMOST NO MONEY AT ALL and I've even seen deals that actulally LOST some. Now about the call- I dont know what your e-mails said, but they must have been heated- You gave this guy a lot of heat after he worked a week trying to get your deal done getting his butt chewed by the GM who must have been pretty upset that his car was out so long without a firm contract so if he was a bit snippy you may have not seen the whole story. I worked with KYLE for 2 years. He is the most honest finance guy I've ever been around. If I know anything about him, he tried very hard to not make you feel bad about your credit problems and tried very hard to make it work for you. And I'm 100% sure that with him there was NO slight of hand, smoking mirrors, or anything like that. He is a good guy and that would cause him not to sleep at night. Also he wouldn't EVER put the store, his job, or his freedom (yes people go to jail) at risk for an extra couple of hundred dollars in his pocket. Think people..........
Posted by brianwitty on 2007-04-30:
Oh and one more thing.... If you really deep down thought that this was a bad deal for you- or your wife, you would have walked away. There are 4 Infiniti dealers in your area.
Posted by dfields on 2007-05-01:
Pro...i thought that was my point. i like to compare interest rates. i DO NOT deal with financiers who lie. i deal mostly with my bank (as stated). please take a course in understanding the English language.
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Bad Customer Service at this Dealership
Posted by 5cents on 09/23/2006
HOUSTON, TEXAS -- I am having an annoy experience with the customer service at Clearlake Infiniti of Houston, TX. Want to share this experience. Please be aware, avoid this dealership if you don't want to be buying an infiniti and getting the customer service of a Chevy.

I traded in a car titled under my mom's name, an purchased a 2006 Infiniti G35 program car at this dealership. All sale and licensing paperwork I signed indicated I purchased the car and the title goes to me. As I was signing the paperwork for the title application, Kyle Deng, the finance manager facilitated all the paperwork told me that by paying $50.00 having the dealership to get the title, I can save myself a lot of hassle and extra leg work. At that time, I did not know how comical and ironic his comments were.

When I received the title, it was under the wrong name: my mom's name was on the title instead of mine. I realized this must be a simple error, I thought that one simple phone call would solve the problem. But I could not be more wrong. I left messages on the Finance Director, Kyle Deng's voice mail for three days in a roll (Friday, Monday and Tuesday), explained the situation and asking him to simply give me a call. Heard nothing. Went to the dealership on the fourth day, but Kyle was out for the day, talked to the sales manager, Macros, he asked me to writing down all my information again and promised to pass it along to Kyle. Then, no response again next day. Start to leave message on Kyle's machine again for another two days, total of 5 messages and one visit, still not heard one single word from Kyle or anyone from the dealership. After a week passed, I was really aggrevated with this "Silent" treatment. and called their switchboard and insisted that I have to speak to Kyle.

When Kyle got on the phone, not only there was no apologies, he was short with me. Asking me to explain to him how could the paperworks I filled for title apps. was under my name but the title went to my mom. How funny... As I start to complaint about his lack of response, he blamed it to miss communication between him and the sales person under Marcos (funny Marcos did not see it that way when I went to talk to him) and practically hang up on me.

I finally called the General Manager. He apologized for Kyle, and promised to resolve the issue next week....so, I am crossing my fingers and hoping that will happen next week.

In summary, if this dearship can make a simple clerical error into a two week long aggrevation for a customer, think about what would happen if you really had some problem with the car, and require the dearship to cough up some serious money to solve you problem...

One more thing that was even more comical, as I was fuming about not receiving any phone replys from Kyle after 3-4 messages, I received a fruit basket from the dearship to thanking my purchase and asking me "not to heasitated to call them" how funny.
     
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Posted by glc on 2006-09-23:
How were you able to trade in a car that you did not own? Did your Mom sign any papers? If the trade in was titled in your Mom's name, I can understand how the new title came in her name instead of yours. Or am I not getting something here?
Posted by groveman55 on 2006-09-24:
My Chevrolet dealership is AAA on sales and service. I guess you should have bought a Chevy.
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