937772 ALBERTA LTD.
d.b.a: 937772 ALBERTA LTD.
a.k.a: METRO KIA/METRO SUBARU/HERITAGE MAZDA
Phone Number (403) 526-2275
Fax Number: (403) 527-0562
Address: 699 KINGSWAY Ave SE
MEDICINE HAT Alberta, Canada, T1A 2X2
Sales Associate Dealt with: Brock Allan
Finance Associate Dealt With: Steven C. Manley
General Manager: Peter C. Wigle
On Saturday July 24/2004 Erin and I entered the Metro Kia lot and spoke to Brock Allan about leasing a new vehicle. After a couple test drives we had decide on a 2004 Kia Magentis. We then met Steven C. Manley the Finance Manager and began the finance agreement. We voiced our concern that we did not want a outragouse car payment and Steven added to the finance agreement that if the payment was to go over $360.00 a month we could back out and get our deposit of $500.00 back, (Paid Deposit With A Mastercard). We left the dealership and expected to hear back from Steven on Monday.
On Monday July 26/2004 at 10:30 A.M. I called Steven to see how things had been going. He informed me that the lease was approved and that he need paystubs from Erins employment for verification purposes which we faxed in. In this same conversation Steven mentioned that he was having a problem getting the payment down because we wanted to trade in my 1995 Aerostar Van for $2500. For which he was going to give us in cash back and this was affecting the lease payment. I told him we had sold Erins 1992 GMC Truck on Sunday July 25/2004 and if he wanted he could take the Van out of the deal to make it easy for him, which he agreed and we ended the conversation so he could figure it out.
Later that day Monday July 26/2004 at 3:30 P.M. I called Steven at Metro Kia and asked what he had. His response was he had a monthly payment of $362.00 per month on the lease. I then stated that we did not want the vehicle and then asked for the deposit back and offered to return another day to deal on a lesser valued vehicle. He could not believe we want to back out and said he would not let the deal go and said that he had done his part. After a few moments of talking about getting the deposit back he stated that he would not release our deposit to us. He then asked to speak with Erin and I informed him she was at work. He said he needed to speak with her so I called Erin at the Bow Island Hospital and told her about what was going on and that he wanted to speak with her. Erin then called Steven at Metro Kia and he told her that the payment was over the $360.00 and she told him that we no longer wanted that vehicle and that we wanted our deposit back.
At this point I'm sure we can all agree that the deal was over and the deposit should have been returned to us in a timely manner. He went over the $360.00 per month on the lease payment and we exercised our right to back out of the deal, and there should have been no further dispute.
On Tuesday July 27/ 2004 At 9:30 A.M I called Steven at Metro Kia and asked him if he had an answer for me. Are you going to give our deposit back or not I said. He stated " NO, WE HAVE DONE OUR PART OF THE DEAL." I then told him I was going to call AMVIC and get him investigated and he said "do we really have to go that far? ", Then a pause then with a chuckle he said "GO AHEAD." I also told him that I was going to make up a sign and pack up the kids and sit in front of Metro Kia and protest what he was doing at 1 P.M. and the conversation ended.
At 1 P.M. Tuesday July 27/2004 I arrived as promised with the kids with a Bristle board sign that stated "METRO KIA BREACHED A CONTRACT AND ARE TRYING TO STEAL OUR DEPOSIT." As soon as I set up the protest I called Metro Kia with my cell phone and announced our pressence in front of Metro Kia store. After a short while the General Manager Peter C. Wigle came outside to view what I had put on the sign and he had documents in his hand and we spoke from a distance " He would not come close to us." I asked him if he had a check ready for us and he waived the documents and stated "We have it at $359.00 per month on the lease and you have no right to the deposit. He then stated that he was going to call the police and have me arrested and removed from the public sidewalk for disturbing the peace. "He was refering to the Waves, Thumbs Up, and Horn Honking from Drivers passing by showing there support for my Protest." Then he left, going back to his office. Brock Allen shortly after came outside and looked at the sign and came to speak with me. He stated he was "So very sorry that this has happened, and asked what went wrong." I told him what happend and that if Steven had just been a gentleman and gave us back the deposit. That we would have returned to deal on a lesser valued vehicle. He stood there shaking his head while looking at the sign and said " I'm sorry this had to happen" and then he also went back into the office. A short while later the kids complained of getting cold so I decided to pack it up and leave and planned on returning another time. As I was driving past the dealer on our way home I noticed an unmarked Police car leaving Metro Kia and I began to head back to Metro Kia to see if the officer wanted to talk to me.By the time I got around the block the officer was gone so I went down to the police station and asked to speak with the officer that attended at Metro Kia just in case he had a problem with me protesting. It turned out that the officer who attended Metro Kia was very busy so he spoke with a Constable Clik who then spoke to me in one of there interview rooms. He listened to my side and agreed that it sounds like some very shady dealing on behalf of Metro Kia and advised me to contact AMVIC and not to directly contact Metro Kia but use an lawyer if contact is required.
At 1 P.M Tuesday July 27/2004 when I started the protest and Peter C. Wigle came out with the documents stating that they had $359.00 per month for the lease which was fresh news to me. The last conversation I had with Steven was the day before Monday July 26/2004 at 3:30 P.M. when he told me he had a monthly payment of $362.00 per month for the lease and we told him we did not want the vehicle and wanted our deposit back, and that's when stated he was not going to return the deposit.
So it is safe to say that the deal was over on Monday July 26/2004 at 3:30 P.M. when Steven stated that the payment was over $360.00 and we opted to get out of the deal.
So Between Monday July 26/200 at 3:30 P.M and 1 P.M Tuesday July 27/2004 Steven C. Manley alone or under the direction of his manager Peter C. Wigle without authorization or consent From Erin or myself, modified the documents to reflect the $359.00 per month he currently has. This was done after we expressed our option to back out of the deal and they changed the documents with the sole purpose of forcing us to lease the vehicle or lose the deposit to them.
On Wednesday July 28/2004 I contacted Sgt. Cole of the Medicine Hat Police Force C.I.D division and told him my story and he is currently investigating Mr. Manley and he has spoken to Michele from the AMVIC complaints department concerning a telephone conversation between Steven Manely and Michelle where Steven Manley admitted to Michelle that the payment did in fact go over $360.00. We are not ruling out Criminal charges at this point and in conjunction with your investigation at AMVIC I am sure we will resolve the situation.
A copy of the finance Agreement was never given to to us. We had to get it from the police.
Thank God we ended up buying an 2004 Olds Alero the next week.
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