On August 02, 2018 I purchased/finance a motor vehicle from your dealership (2002 BMW 530I WBADT63432CH96190). Unfortunately, the vehicle has not been delivered satisfactory because there was a problem with the sunroof. I was told by my sales person Dina, that they would take the vehicle to service, fix the problem and deliver it to me on Monday, August 06, 2018. The vehicle has not been delivered to me to date. I searched for this vehicle using the used car search tool on the USAA website. The problem with the sunroof was not listed as a problem. My effort to get this matter resolved has landed me several fast speaking representatives from sales. I have call there many times only to forget the questions I had originally.
I would appreciate it if you could take the following action(s) to resolve:
1. Call me directly to discuss. I no longer want to speak with a sales representative regarding this matter.
2. Fix the problem and deliver the vehicle.
3. I want to receive $300 a day for every day this vehicle is not delivered to me from the day I was promised on August 06, 2018.
I look forward to settling this matter amicably. If, however, the matter is not satisfactorily resolved by August 17, 2018, I will consider taking further action to resolve the complaint either through the Department of Commerce or through the courts.
The claimant has filed with us a demand for arbitration. The American Arbitration Association (“AAA”) has determined that this arbitration arises out of a consumer agreement and, as such, the Consumer Arbitration Rules (“Consumer Rules”) apply to this dispute. The Consumer Rules may be found on our website at adr.org. Under R-12 of the Consumer Rules, businesses that provide for AAA arbitration in a consumer contract are obligated to submit their current or proposed consumer agreements to the AAA for review and inclusion on the Consumer Clause Registry (“Registry”). The AAA reviews the agreement for material compliance with the due process standards of the Consumer Due Process Protocol (“Protocol”) and the Consumer Rules. The AAA's review is administrative; it is not an opinion on whether the arbitration agreement, the contract, or any part of the contract is legally enforceable.
This business has not previously submitted its consumer arbitration clause for review. As such, the AAA will review the clause for this matter on an expedited basis. The additional fee for this expedited review is $250, payable by the business.
The business is also directed to submit its current consumer arbitration clause for inclusion on the Registry at adr.org/Consumer at which time the business will also incur a $500 Registry fee. Once the business' clause is registered, it will no longer be assessed the $250 additional expedited review fee on each consumer case filed.
Under California law (the Ethics Standards for Neutral Arbitrators in Contractual Arbitration), upon the appointment of an arbitrator in consumer arbitrations, the AAA is required to disclose certain information regarding cases we have administered. Also, pursuant to the California Code of Civil Procedure section 1281.96, the AAA must collect and make available to the public information regarding our involvement in, and outcome of, consumer arbitrations.
The AAA relies on the information provided by the parties to fulfill its obligations under California law. Therefore, we ask that you take the time to review party names in the case caption (located under the case number at the top of this letter) and immediately advise me if any changes need to be made.
Pursuant to section 1284.3 of the California Code of Civil Procedure, consumers with a gross monthly income of less than 300% of the federal poverty guidelines are entitled to a waiver of arbitration fees and costs. This waiver of fees does not include arbitrator fees and compensation. This law applies to all consumer agreements subject to the California Arbitration Act, and to all consumer arbitrations conducted in California. A consumer meeting these requirements must submit to the AAA a declaration under of oath regarding monthly income and the number of persons in the consumer's household. Please email me if you have any questions regarding the waiver of administrative fees.
Under the Consumer Rules, the consumer pays a filing fee of $200 and the business pays a filing fee of $300. We note that the contract states that the business will advance the consumer's portion of the filing fee. So that the filing requirements are complete, the business is requested to submit filing fees of $500, the expedited consumer clause review fee of $250 and its arbitrator's compensation deposit of $2,500.00, totaling $3,250.
Please make the check payable to the American Arbitration Association and include a reference to the case number. Checks should be mailed to 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. In the event that payment is being made by a third party, such as an insurance company, please request that payment be sent directly to the business' representative. The business' representative should then forward payment to the AAA in accordance with the foregoing instructions.
The requested payment should be received no later than October 1, 2018 and the AAA may decline to administer this dispute if the business does not timely respond. It should be noted that the consumer's satisfaction of the filing requirements triggers the business' obligation to promptly pay its share of the filing fees under the rules and the business may owe all or a portion of the filing fees even if the matter is settled or withdrawn. The AAA will refund any overpayments received from the consumer with the filing.
No answering statement or counterclaim is due at this time and the parties will be notified of the applicable deadlines upon satisfaction of all the filing requirements.
Please note all communication for this matter will be in writing, if you have any questions please feel free to send us an e-mail.
Napa Ford Lincoln Reviews
This is the worst car experience that I have ever received!!
My first complaint..
Terry Thompson
Stockton, CA 95210
[email protected]
August 12, 2018
Napa Ford
570 Soscol Ave
Napa, CA 94559
Mr. Kevin Massie
Re:2002 BMW 530I WBADT63432CH96190
On August 02, 2018 I purchased/finance a motor vehicle from your dealership (2002 BMW 530I WBADT63432CH96190). Unfortunately, the vehicle has not been delivered satisfactory because there was a problem with the sunroof. I was told by my sales person Dina, that they would take the vehicle to service, fix the problem and deliver it to me on Monday, August 06, 2018. The vehicle has not been delivered to me to date. I searched for this vehicle using the used car search tool on the USAA website. The problem with the sunroof was not listed as a problem. My effort to get this matter resolved has landed me several fast speaking representatives from sales. I have call there many times only to forget the questions I had originally.
I would appreciate it if you could take the following action(s) to resolve:
1. Call me directly to discuss. I no longer want to speak with a sales representative regarding this matter.
2. Fix the problem and deliver the vehicle.
3. I want to receive $300 a day for every day this vehicle is not delivered to me from the day I was promised on August 06, 2018.
I look forward to settling this matter amicably. If, however, the matter is not satisfactorily resolved by August 17, 2018, I will consider taking further action to resolve the complaint either through the Department of Commerce or through the courts.
Yours faithfully,
(Terry Q Thompson)
My second complaint..
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
September 17, 2018
Peter Haynes
Napa Ford Lincoln
570 Soscol Avenue
Napa, CA 94559
Via Email to: [email protected]
Case Number: 01-18-0003-3645
Terry and Losalini Thompson
-Vs-
Napa Ford Lincoln
Dear Napa Ford Lincoln:
The claimant has filed with us a demand for arbitration. The American Arbitration Association (“AAA”) has determined that this arbitration arises out of a consumer agreement and, as such, the Consumer Arbitration Rules (“Consumer Rules”) apply to this dispute. The Consumer Rules may be found on our website at adr.org. Under R-12 of the Consumer Rules, businesses that provide for AAA arbitration in a consumer contract are obligated to submit their current or proposed consumer agreements to the AAA for review and inclusion on the Consumer Clause Registry (“Registry”). The AAA reviews the agreement for material compliance with the due process standards of the Consumer Due Process Protocol (“Protocol”) and the Consumer Rules. The AAA's review is administrative; it is not an opinion on whether the arbitration agreement, the contract, or any part of the contract is legally enforceable.
This business has not previously submitted its consumer arbitration clause for review. As such, the AAA will review the clause for this matter on an expedited basis. The additional fee for this expedited review is $250, payable by the business.
The business is also directed to submit its current consumer arbitration clause for inclusion on the Registry at adr.org/Consumer at which time the business will also incur a $500 Registry fee. Once the business' clause is registered, it will no longer be assessed the $250 additional expedited review fee on each consumer case filed.
Under California law (the Ethics Standards for Neutral Arbitrators in Contractual Arbitration), upon the appointment of an arbitrator in consumer arbitrations, the AAA is required to disclose certain information regarding cases we have administered. Also, pursuant to the California Code of Civil Procedure section 1281.96, the AAA must collect and make available to the public information regarding our involvement in, and outcome of, consumer arbitrations.
The AAA relies on the information provided by the parties to fulfill its obligations under California law. Therefore, we ask that you take the time to review party names in the case caption (located under the case number at the top of this letter) and immediately advise me if any changes need to be made.
Pursuant to section 1284.3 of the California Code of Civil Procedure, consumers with a gross monthly income of less than 300% of the federal poverty guidelines are entitled to a waiver of arbitration fees and costs. This waiver of fees does not include arbitrator fees and compensation. This law applies to all consumer agreements subject to the California Arbitration Act, and to all consumer arbitrations conducted in California. A consumer meeting these requirements must submit to the AAA a declaration under of oath regarding monthly income and the number of persons in the consumer's household. Please email me if you have any questions regarding the waiver of administrative fees.
Under the Consumer Rules, the consumer pays a filing fee of $200 and the business pays a filing fee of $300. We note that the contract states that the business will advance the consumer's portion of the filing fee. So that the filing requirements are complete, the business is requested to submit filing fees of $500, the expedited consumer clause review fee of $250 and its arbitrator's compensation deposit of $2,500.00, totaling $3,250.
Please make the check payable to the American Arbitration Association and include a reference to the case number. Checks should be mailed to 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. In the event that payment is being made by a third party, such as an insurance company, please request that payment be sent directly to the business' representative. The business' representative should then forward payment to the AAA in accordance with the foregoing instructions.
The requested payment should be received no later than October 1, 2018 and the AAA may decline to administer this dispute if the business does not timely respond. It should be noted that the consumer's satisfaction of the filing requirements triggers the business' obligation to promptly pay its share of the filing fees under the rules and the business may owe all or a portion of the filing fees even if the matter is settled or withdrawn. The AAA will refund any overpayments received from the consumer with the filing.
No answering statement or counterclaim is due at this time and the parties will be notified of the applicable deadlines upon satisfaction of all the filing requirements.
Please note all communication for this matter will be in writing, if you have any questions please feel free to send us an e-mail.
Sincerely,
Consumer Filing
Direct Dial: (877)495-4185
Email: [email protected]
Fax: (877)304-8457
Cc: Terry Thompson
Stockton, CA 95210
Via Email to: [email protected]
They have replied but the issue is still not resolved.