Old Man Sues Ripoff Dealership, Wins $41,679+
Justice has finally been served to the senior citizen who was not only ripped off on his trade-in vehicle (which is, frankly, to be expected), the dealership also got him to hand over his ATM card and just straight up stole $2000 from his bank account.
Kenneth Hammel, now, 80 responded to a newspaper ad that promised to pay him $8000 for his trade-in, but he ending up getting charged over $42,000 for a used Sedona with a retail price of $23,250. He ended up winning his lawsuit against the dealership, winning $13,893, plus treble damages of $41,679, plus attorneys fees, and he gets to keep his car.
The sole source of the good news is a press release issued by the law firm, posted below. Of note, despite the case going before an arbitration board, which often tends to side with business over consumer interests, the good guys still won.
80 YEAR OLD, HANDICAPPED MAN FROM BUCKS COUNTY WINS TENS OF THOUSANDS IN DEALER FRAUD LAWSUIT AGAINST CHERRY HILL TRIPLEX
Senior Sues For Fraud And Deceptive & Unfair Trade PracticesFOR IMMEDIATE RELEASE
(January 15, 2009) An 80-year-old man who filed suit against the Cherry Hill Triplex automotive group of Southern New Jersey, claiming deception and theft, has won $13,893, in addition to treble damages of $41,679, plus attorneys fees, and will get to keep his vehicle, a 2005 Kia Sedona. Craig Thor Kimmel and Melissa K. Fiala of the lemon law and consumer advocacy firm of Kimmel & Silverman, P.C. brought the case on behalf of the consumer.
Relying upon the fine print of the contract, the New Jersey dealer fought vigorously to transfer the case from Court to private arbitration, resulting in the case being heard by the American Arbitration Association.
The complaint alleged that when Kenneth Hammel of Fairless Hills, PA responded to an advertisement offer guaranteeing $8,000 for his trade, he was eventually charged over $42,000 for a used 2005 Kia Sedona that carried a retail price of $23,250. Hammel, who is physically disabled and requires the use of a motorized wheelchair, alleged that Cherry Hill Triplex accepted his 2000 Chrysler Town & Country in trade for a vehicle that could accommodate a motorized lift. After many hours of what was alleged as “high-pressure selling,” Hammel agreed to purchase a 2005 silver Kia Sedona. Approximately 12 hours after his arrival at Cherry Hill Triplex, Hammel finally was released to drive home in the Sedona.
The next day, Hammel noticed the motorized lift installed by the dealership was not functioning correctly. He contacted Cherry Hill Triplex and was advised to drop off the vehicle for repair. When he returned, Hammel alleges the dealership presented him with a different car—a beige 2005 Kia Sedona.
Hammel claimed that, unbeknownst to him, when the dealership presented him with the second vehicle, they traded in the first vehicle he had just purchased three weeks earlier and subtracted nearly $8,000 for “depreciation.” The financing was also altered, form an annual percentage rate of 7.49% to 10.4% .The monthly payment skyrocketed from $250 a month to $385.88.
According to attorney Melissa K. Fiala, the testimony revealed that Cherry Hill Triplex engaged in practices that were unlawful and deceptive. Craig Thor Kimmel says "It is a terrible thing that in these difficult economic times, some businesses feel entitled to take advantage of their customers. Senior citizens are especially vulnerable and should be cautioned never to go it alone when swimming in these shark tanks.’ Both Kimmel and Fiala further say that consumers can’t believe everything they read in mail or print advertisements. “As the old adage says, if it’s too good to be true, it most likely is. Mr. Hammel learned the hard way.” says Kimmel.
PREVIOUSLY: Car Dealership Bilks Old Man and Steals $2000 With His ATM Card
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Comments:
Cool, he's 5 minutes away from me!
Also, the commercials for this crappy place are on all the time during daytime TV. Before, their ad would have in small print that you have to have a 750 FICO score to qualify for any of their offers, now the announcer says it very quickly. Probably trying to keep those with absolutely no money out, while bleeding the ones with any money dry.
"WHY AREN'T YA HERE YET?!" is the line in every commercial.
Yeah, that arbitrator is out of work now.
@christoj879: oh man i love that guy! in the top corner of the screen it always says TODAY in red or yellow, but they replay those commercials all the time. i love when in the commercials it's sunny out, but when you look out the window it's pouring.
CHERRY HILL TRIPLEX! WHY AREN'T YA HERE YET?!
@sockrockinbeats:"CHERRY HILL TRIPLEX! WHY AREN'T YA HERE YET?!"
Because...
a.) You're in New Jersey.
b.) You rip off old men.
c.) You're in New Jersey.
(I live in Philadelphia, which is basically right across the river from this place).
Unbelievable... where's some info about the stolen $2k? The links are kaput.
I guess I'm a little confused here. He was supposed to be promised $8,000 to turn in his car, but was, instead, charged $42,000 for a trade in for a car with a retail value of $23,250. On top of that they also stole $2,000 from his bank account. Essentially the man ended up paying around $44,000. Now, how exactly does the little guy win in this instance when what he was awarded is about $2,500 shy of what he's still been cheated out of? Sounds like the little guy still lost in the long run.
@MercyEleusis: Um... he got $13,893 + $41,679 = $55,572 IN payment from the dealership.
Now the only thing left to wonder about is whether they had to pay off his car loan or if he is still obligated to pay it.
@MaxSmart32: The 41-odd thousand is in addition to more than 13 thousand dollars he won, plus he has his attorneys fees paid, plus he gets the car on top of that.
If that is what he got from an arbiter, they must have expected an open and shut million dollar settlement in the courts.
@MercyEleusis: "$13,893, in addition to treble damages of $41,679, plus attorneys fees, and will get to keep his vehicle, a 2005 Kia Sedona."
that would be $55,572 in his pocket, PLUS the car, PLUS his legal expenses are covered...
NOW this is a historic day!
Imagine the headline before you rip someone off and adjust accordingly! Proves criminals are stoooopid. Rip off someone who won't get sympathy in the press.
I'm not defending the dealership in any way, but the stories and press releases keep comparing the sales price of the Kia Sedona against the MSRP of the vehicle. Surely the wheelchair lift adds several thousand to the cost of the vehicle.
Dang straight. I wanna know if this particular arbitrator gets any more business after a judgment towards, gasp, the consumer.
Mwybe I'm late to the party and missing something important, but it seems to me that if I went to a dealership to pick up MY repaired car, and it wasn't there for me, but rather it was in any way shape or form "traded-in", I would immediately be on the phone to the police.
You can't sell my car without my signature, I'm pretty sure...
@VeeKaChu: They probably thought they could get over on him one more time. Told him that the ashtray was broken on the first car so they would say "we got you an even better one now so just sign this "service aggreement" for the oil change we just performed."
I wondered if anyone else caught the fact that they tried desperately to send this to arbitration.This should be a giant warning to avoid any transaction that would deny you your day in court. It's 4 O'clock here in the east. I hope that one of the first things that the Obama administration does is work to make arbitration voluntary and split the cost between claimant and defendant .
@bonzombiekitty: Been to Jersey...got a t-shirt there that states "Kiss her where it smells, take her to Jersey!" Was wearing that the night I got stopped by a NJ state trooper. Topped it off with asking him if I could try on his "mount-me" hat. Good thing my boyfriend had bail money that night. Since then, I've never been back unless I was captive in the car withsome else driving.
There's a special hell reserved for those who take advantage of the elderly and the handicapped. If I lived close enough to the dealership, I might want to stop by for a test drive and an unexpected bout of explosive diarrhea.
The greatest commercials for this place are the super hot girl they put on the local Spanish channel in Philly. I guess they figured a hot girl may actually want to make me go buy a car from this place. The other good one is when they have the announcer on the horse. My first thought was Aladdin "It's not everyday you see a horse with two rear ends!"
What did he expect living in a town called Fairless Hills? :)
@MyPetFly: Put EULA on the brick so they can't come after you.
By accepting this brick through your (the property owner's) window, you agree to:
1) Absolve the brick thrower of all liability for property damage.
2) Not press criminal charges against the brick thrower
3) Absolve the brick thrower of liability for all injuries and deaths caused by said brick.
Stories like this make me not very sad to hear about all of the car dealerships that are going under in the current economy.
Wheelchair lift installation is paid for in full by Insurance companies in most cases. Even transferring one from a different vehicle will be paid for 100%. It does not factor into the cost of the vehicle.
The bottom line here is simple.. if your parents are over 65.. go with them when they are making any major purchases. PERIOD.
I'm glad the binding arbitration was not allowed. That in and of itself is a victory
Craig Thor Kimmel?
Sounds more like a porn star name than a lawyer.
@Snarkysnake: By voluntary do you mean both sides would have to agree to arbitration in order to use arbitration?
@CaptainConsumer: It did go to arbitration. It was arbitrated by the American Arbitration Association. That's what makes this so unbelieveable...the consumer, not the business, actually got a favorable outcome by an arbitrating body.
@El_Fez:
He's not just a lawyer, hes a god!
Somehow in my mind that translated into "Kneel before Zod!" which gives even further disturbing images to the porn name angle.
When the Plaintiff hires Thor as his lawyer...you're pretty much fucked
Relying upon the fine print of the contract, the New Jersey dealer fought vigorously to transfer the case from Court to private arbitration, resulting in the case being heard by the American Arbitration Association.
Why do these companies fight so vigorously to have cases arbitrated? Because they both sleep in the same bed as most Consumerist readers would know.
@VeeKaChu:
Interestingly enough, your signature is not required. If you entrust possession of a good to a dealer of goods of that kind, you transfer authority for the dealer to sell that good. [UCC 2-403(2)] Now you can sue the hell out of them if they do. Just another reason to only deal with reputable dealers.
Anyone else think it's appropriate that the guy who won the judgment is from "Bucks County"?
@HDTVTECH: What would have been even more appropriate is if he had been from Upper Bucks County (above Bucks Co. and next to Montgomery Co. in PA)
You guys play waay to much D&D.
@DerangedRoleModel: He smacked them with the clue hammer indeed.
Seriously, if I ever need a lawyer I want Thor on my side!
That place is ghetto. I bought my wife's leftover '07 Sedona there when the '08s came out. I financed with one of those capital one checks with a limit of $28k. I researched the hell out of the car, and after all the incentives and rebates and what others were paying, I shouldn't pay more than $21K. The guy saw the check was good for $28k, so when we went to talk numbers, he came up with $27,999 for the van which was $2k over the sticker. I got it for $21k.
HOLY CRAP! What goes around comes around. I did business with these scum bags several years ago. They refused to pay for the advertising they ordered from the company I was working for at the time. I lost over $3,400 from my pay because of these Cherry Hill dirt bags. It could not have happened to a better group of crooks. God works in mysterious ways and seeing this, although does not get me "my" money back, it does bring the widest shit eatin grin one can imagin to my face. HOOOOOORAY for the little guy.
And Craig Thor Kimmel called on Mjolnir to strike that dealership down.