We met with the sales manager Brant Roshinsky and Ron from finance to further discuss the trading our dodge challenger SRT (purchased at Kelowna dodge less than one year ago. Upon agreeing on the trade in value of our car and the price of a new one we agreed to go ahead with financing. I am unsure of the date this transaction took place. We chose Parkers Chrysler because they could get a black RT while the dealership in Penticton could not.
When asked on the spot how much I made per year I told Ron 50-60 K. We left and he contacted the bank we had currently had a loan with and when they turned us down he proceeded to contact other banks. Upon the banks receiving my financial information, T4s and paystubs it was understood by everyone that I made 52k not 60k. The financing was then supposed to be processed with that information.
While we were figuring out the financing we spoke to Ron on a regular basis and even visited the car that was shipped in from Saskatchewan. We had not been approved yet and Ron was trying to vigorously get us approved through any way possible. On a nightly phone call to Ron he asked for a deposit of 1000 from my credit card to hold the car because this was taking longer than we all anticipated. He assured me if I was not financed we would of course be able to get our deposit back. No issue.
When I heard back from Sherry Burnett of Penticton Prospera Credit Union they did not feel comfortable financing my loan. We called Ron who was furious because apparently they said it would be no problem. He was upset because they brought the car in from Saskatchewan and now there was no deal. I told Ron sorry, asked him if we could get our deposit back and he said sure i will do that for you.
One week later while in Alberta visiting my parents and Grandmother Ron left a voice mail on my phone and said Scotia will finance you and Parkers Chrysler will front the 3200 needed for the deposit on the loan. My grandmother had gallstones and would be getting them removed and then her Gallbladder removed so we were in Coleman hospital alot with her. On the second day of being at the hospital my dad had a heartattack on the way to visit her. He was in ICU at the time and I did not want to deal with anything else. On Thursday, Chris (my common law fianc called Ron-he was at work in Fort Mac at the time-and said it was a bad time for us, explaining the situation and that we will just leave it and not go through with the financing of Scotia. He said we would be needing our deposit back and Ron said that would not be possible because we had to pay for the shipping of the car. Chris then spoke to the sales manager Brant Roshinsky (still over the phone) who basically called Chris a liar that we were trying to get out of the deal the entire time. Chris relayed this information to me. I called Ron back and he just said I needed to speak to the manager and hung up on me. I called Chrysler and they gave me the name of the owner. I called him and he said no way were we getting our deposit back but we could pick up our car anytime because we were approved. I asked him how that was possible because Scotia never had my financial information. I only gave it to Sherry Brunett from Prospera. He then yelled at me and said come pick up your car. Scotia approved you. He was not giving us our deposit back. I was upset and said I would NEVER buy anything from him. He said fine and hung up on me. Friday I drove the 8 hours home from Coleman to deal with Parkers Chrysler while my Grandmother was still in the hospital and my dad was still in ICU at the same hospital. He was awaiting an angioplasty surgery in Calgary.
The next day (Saturday) we decided if they insisted on keeping our deposit we would then go pick up our car. I called Ron in finance and got transferred to Chris in finance. He told us that Ron did not work there anymore and would take a look at our file and call us back. Once he located the file, he relayed to us that he was told to get rid of it because we did not want the car. I told him the owner said we were approved and could pick up the car. He said we were not. They didnt even have any of our information (proof of income to send to Scotia to get us approved. I faxed Chris my T4 and paystubs that day. We negotiated via text message (because the receptionist would no longer transfer our calls to anyone) that we would be giving them an extra thousand dollars upon receipt of the car and negotiated to pay Parkers the 3200 dollar loan to get financed in post dated checks over one year. I did not get approved and needed my commonlaw fianc on the loan to get approved I did not want to do that.
Tuesday, we from our home in Kelowna to Penticton to speak to them in person. I was tired of getting hung up on and our calls were not getting transferred to anyone. We spoke to Brant the sales manager to see what he could do. He told us that if it made me feel better Ron from finance got fired because of this. He then went back and forth with Colin Parker (the owner) to try and get our deposit back. Brant told us that because they had to pay the $800 dollars to get it shipped there was no way Colin would budge on our deposit. He offered that if they sold the Challenger RT to anyone we would get our deposit back. Of course we refused that offer. We didnt pay for them to have it shipped to Penticton.
Colin Parker refused to meet with us at all even though he was there. Brant sent us to Chris in finance we just talked about how Ron dragged our credit score through the ditch because he did a very sloppy job at trying to get us financed. And that our FICO went from 707 to 612 because of this. Chris said he could have gotten us financing but theres nothing that could be done now. He told us he would keep trying with Colin to get our deposit back and that we should just let him handle it. We left.
That night I was reading on the motor vehicle sales authority website their information regarding deposits and realized that an over the phone transaction did not jive with how the MVSA insists deposit transactions are to be handled. There is absolutely nothing written, signed in regards to that deposit not even a receipt. Along with the directive 13 regarding deposits from the Motor Vehicle Sales Authority of British Columbia, the information on the next page of this statement is what is on the website regarding deposits.
Understanding deposits
Be sure you understand the deposit, return and exchange policies of the dealership before you sign any documents. Remember, the term deposit can be used to describe quite different things. It is an industry best practice to be sure that the terms of any deposit are clear and in writing.
Depending on when it is taken in a transaction, a deposit may be a separate agreement for a variety of services. It could be an agreement for services to:
Hold a vehicle for a period of timeLocate a vehicle from another dealerBring in a vehicle from the manufacturer, and/or Arrange financing for a vehicle
Be sure you know what your deposit is for.
If the deposit is part of an agreement to purchase a specific vehicle and all the terms and conditions are known, it may actually be a partial payment or down payment.
The terms and conditions of giving a deposit or partial payment must be clear and unambiguous. The terms and conditions must be provided to you. At a minimum, if a deposit is taken a motor dealer must:
Clearly distinguish in writing a deposit from a partial payment or down payment. They are not the same. Clearly state in writing the purpose for which the deposit is takenClearly state the amount of the deposit in writingClearly state in writing when the deposit will or will not be refundableClearly state in writing any other terms and conditions, such as whether a deposit will be apply towards the purchase price of a vehicle Provide you with a copy of the deposit agreement
If there is a written purchase agreement, the law requires motor dealers to detail the terms and conditions under which a deposit may and may not be refundable. Even when a deposit is stated to be non-refundable, there may be situations when a deposit will be refundable; such as when a dealership cannot deliver on its promise.
At 140 pm on Wednesday myself my fianc and our three year old daughter went to Parkers Chrysler and wanted to meet with Colin. Instead of asking anyone to see him because we knew he would refuse my fianc saw him in his office. He asked if he was Colin Parker and Colin said yes. We told him who we were and that we needed to speak with him in regards to the VSA and how Ron did not follow the terms in regards to the deposit. He told us to get out of his office and that we lied about our income. I told him that we didnt come for a confrontation that I brought my daughter and just wanted to go over the VSA information that I read. He became completely irate yelling get off my property, get out get outsaying he was calling the cops. He was yelling so we were yelling telling him to do it. He would not. He just kept yelling get out. He was standing up and went at my fianc putting both hands on his chest and pushing all his weight into him. I guess he was trying to push him out of the office. We didnt have our cellphones to call the police so I told him Im going to find a phone and call the cops. There were customers in the dealership and we were all infront of a glass window. Everyone saw and everyone heard. When I said I was going to get a phone and take him to small claims Colin told us we could have our deposit and not to come back. We went with Brant in financing to complete the transaction of the return of our 1000 dollar deposit back on our mastercard. Brant and Chris the finance guy shook my fiancs hand and relayed to him that they wont be working for a guy like that much longer and good for him for standing up to him. We left.
Although we received our deposit I am filing a complaint with the BBB and the VSA because I cannot believe the unprofessionalism of Colin Parker. He refused to take any ownership of any fault they might have been in. He did not stand by his employees, take charge of the situation or try to difuse it. He hid in his office refusing to deal with us.
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