Ottawa, ON – Used Car salesman stole my money
I’m writing here today because I am very frustrated with a Used Car salesman out of Scarborough, ON, called Rockcliff Auto, as they made false promises, lied, and broke the laws and obligations they needed to follow on our contract.
I’m an 18 year old student out of Ottawa, ON, who has been looking for a used car for quite some time now. Being only 18, I have no credit at all, and no one would really finance me without a co-signer, which was out of the question. I stumbled upon this company called Rockcliff Auto, who advertised on their website that they finance everyone, and that they do not do credit checks, and that credit is unnecessary to obtain vehicle financing from them. So, seeing this as my chance to finally get a vehicle, I called them up and told a man named Luis Aloy that I was interested in the Audi A6 he had for sale on his website, and asked him if it was stil available, and he said yes it is. I then asked him if they would finance an 18 year old with no credit and no co-signer, and he said that it would not be a problem so long as I could put forth about $3,000 for a down payment on the Audi. I then asked him if I could test drive the vehicles even with a G2 license (intermediate), or if I needed a full G license, and he said that test driving would not be an issue at all. I told him I was very happy with our conversation, and that I would be down on Saturday, the 19th of May (4 days away) to see the car and to possibly put some money down on it.
My girlfriend and I arrived in Scarborough at some point around lunch time (5 hour drive), and we immediately found Mr. Aloy. After introducing ourselves, I asked him about the Audi, and where it was located, and he told me that it was no longer available, and that they have not had any Audi’s for a few months now. I got angry with him, because I had just asked him the day before if they still had it before I came all the way down there, and he said yes, in fact, they supposedly had three Audi’s. He sent me to see Junior, who is the owner’s son I believe. I asked him what he has to show me, and he showed me a 2003 Infiniti G35 in black, with 188,000KM on it. I loved the car, despite the high mileage, and asked if I could test drive it, which he said no because there were too many cars blocking it in. I was pretty upset, but went back to Mr. Aloy and told him I wanted to put some money on it, but all I had was $200. He told me that if I gave him $200 now, he would hold it for a week, and if I gave him another $200 next Saturday via credit card that he would extend it to a total of three weeks which gave me some time to come up with $2,500 and a $500 post-dated check – that was our agreement. He gave me the bill of sale, and told me to sign, but before I signed, I knew to ask him about the vehicle history, such as accidents, maintenance issues, etc. He told me that the car had a clean title and that the vehicle had never been in an accident. I asked him to prove it by showing me a Carfax, and he said that he had no computer in his office, and that the only people who did were the finance company, Lovats, which was located in the same building, but that their office was closed for the weekend. He then told me that I can get the Carfax when I come back to get the vehicle. I thought this was weird, but since he said it had never been in an accident, I took his word for it, as I knew that if he was lying, it would make this contract completely null void, or so I thought.
After arriving home around 7:30PM that evening, I quickly pulled up the Carfax at home, and found that the car had infact been in an accident, and that the mileage on the Carfax said 114,000KM, when in fact it had 188,000KM, which was a huge difference. I assumed they had driven it as a dealer car for a few years, and never reported the mileage to carfax, and never had it inspected. This threw up too many red flags for me, so I called Mr. Aloy back and couldn’t get ahold of him because he had left the office and had his phone off for the long weekend.
When Tuesday came around, I called him to let him know that I no longer want the vehicle because he lied to me, and the Carfax didn’t add up. He told me that Carfax was an American company, and that I needed a Carproof, which was the Canadian version. I called him on it, and he told me that he will check the Carproof and will get back to me tomorrow morning. I waited until 4:30PM on Wednesday for him to call me, and when he hadn’t, I called him myself. He told me that the Carproof said that the car was in fact in an accident, and that it only totaled to $1,300 and that legally he didn’t have to tell me about it unless it was over $3,000 in damage. I called him out on that, and told him that if I’m buying a vehicle, I want to know everything about it from when it had been in an accident, to when you put your winter tires on it. He told me that if I want my money back, I will have to call Lovats, the finance company that would be financing me, but that they are closed for the day and that I need to call them tomorrow. He then told me to call him first tomorrow, before calling them, so that he can have some time to talk to the owner about maybe lowering the price for me. 5 minutes later, Lovats, the finance company, calls me and tells me that I need to be 25 to get financed, and that they never finance anyone under 25 unless they have a co-signer. I specifically asked Mr. Aloy if I could get financed with no co-signer, and no credit, and he said YES, not a problem! I then told them that Mr. Aloy told me that they had to give me my deposit back. They laughed at me ,and told me that the owner of Rockcliff Auto had to give me my money back, which I knew they would say anyway, as it didn’t make sense to me that the finance company would be the one to give me the money back. I then called Mr. Aloy back, and told him to quit leading me on this little game of his, and to give me my deposit back. He then started screaming at me, and told me to f*** off, f**** off, f****off. and to Never call me again!! – I told him he has two options: Give me my money back via cheque, pre-paid credit card, or however he wants to, or I’ll take him to court. He told me to take him to court, so I’m wondering if I have a case.
I have tried calling him, and the company numerous times from my cell phone, but they have blocked my number, and my house number. I called using my girlfriend’s phone, and they will not let me speak to the owner, whose name is Danny (last name unknown). I have filed a report with BBB, and left a message for OMVIC to get back to me, but it’s a weekend so I don’t expect a call until next week.
I’m willing to take these guys to court, but I just need to know if I have a case. Nowhere on the bill of sale does it say that my deposit is non-refundable, and it actually does say All sales are final unless the motor vehicle dealer has not followed certain legal obligations . I would imagine that lying about the vehicle history is not legal, and I would imagine taking my money even though knowing that you actually DON’T finance everyone, and no one undr 25, is also against the law.
I may have missed a few details here, but if something doesn`t make sense, please ask me, I would really like to know if I have a case here, thank-you!