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USA Auto Inc.

Mesa, AZ




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Brad of PHOENIX, AZ October 8, 2009

On 08/07/09, I began the process of purchasing a 1998 Toyota 4Runner from Richard H. dba USA Auto Inc. The agreed upon down payment would be $1750. I left a partial down payment of $500 on said date. Per the Promissory Note, which I did not sign, states I would make the additional payments of $500 on 08/22/09 and $750 on 09/05/09. Instead, a payment of $485 was accepted on 09/04/09 and a payment of $450 was accepted on 09/25/09.

On 09/25/09, I advised an agent (JR Dominguez) of USA Auto Inc. the remainder of the down payment, $318 (per receipt), would be paid on October 16th. On 09/17/2009 I received a call from Fabiola from Red Mountain Funding Inc. (480-497-8488), advising they had accepted the loan for the car and I would be making my first payment of $160 to them on 10/2/09. My payments were to be $160 every two weeks.

On 10/02/09 around 2:30 p.m. - I spoke with Fabiola @ Red Mountain Funding Inc. I was attempting to make my 1st payment, when she asked, "if I had completed paying my down payment and signed an updated contract." I advised that I had not. She then placed a collections manager on the phone which demanded that I take the remaining $318 to USA Auto Inc "today" and "bring us our payment on Monday [June 6, 2009]."

In confusion, I immediately went to USA Auto Inc, at which time I spoke with the Owner, Richard "Rick" H.. He attempted to get me to sign a new contract and leave the payment of $160 with him. He stated, my actual payments to Red Mountain would be worked out later. I then asked to see a copy of the contract and Promissory Note.

Upon review of the unsigned Promissory Note, I requested for the sale to be terminated, the car returned, and my paid $1435 down payment refunded. He refused. He stated he would make the contract "in-house" and I would still owe. I advised him that I did not agree. I refuse(d) to sign any additional contract(s) and a left in the car, as my money was not returned.

Today, 10/05/09, I returned to USA Auto Inc., spoke to Richard H., in a second attempt to simply return the vehicle and have my down payment refunded. He declined. Late on the evening of 10/05/09, the car was repossed. If necessary, I intend to pursue legal action against USA Auto Inc. for the sum of my down payment and time off work dealing with this inane issue. Also, the License Plate which, expired on 09/19/2009 was never updated.

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