Complaint to the Attorney General of Virginia

Office of the Attorney General
900 East Main Street
Richmond, VA 23219
Attn: Jerry Kilgore

Dear Mr. Kilgore,

I would like to bring to your attention and ask for your help in resolving this situation involving a large Northern Virginia auto dealer that demonstrated some very bad business practices.  I would like to file a complaint of sales fraud that occurred when I leased a new 2003 Acura TL model from Pohanka Acura of Chantilly, VA on 4/24/2003. When we worked the deal, I had a 2000 Honda that was near lease end and was over the mileage limit. The salesman, Scott Bershader, looked at and drove my car, and said "it’s very clean, we can help you out" since you're leasing with Honda Finance already, because that's who will be the lessor for the TL. (I figured they had a special turn in arrangement) He said he would find out the pay off and left the table. When he can back he said he could turn it in for me and pay the remaining 3 payments along with the mileage overage. He filled out a check request for $1600.00 and said, "this will more than cover the remaining payments and additional mileage of your Honda lease."  He clearly said, “this WILL pay your final three payments and the mileage penalty”. I was not confused, he did not say “I’ll offer you $1600.00” or “I’ll give you $1600.00 toward your lease”. Also, my wife was sitting right next to me and was also part of the purchase conversation. I asked if he was sure and he said, "yes, you'll even have a few extra dollars left over.” I have it in writing on a check request.

After 6 weeks Honda had taken another payment from my checking account for the Accord and it was still at the dealership and in my name. But to make matters worse, after 12-15 calls and/or emails to the dealership and to Honda finance (with only a few return calls) I found out by calling Honda Finance myself, that the figure the salesman came up with and assured me would satisfy the Honda lease is approximately $1536.46 short. The total, seems to be $866.81 for the last two (plus) payments of $367.37 ea. and $2269.35 for the additional mileage, which would total $3136.46. I talked to the GM, Lenny Gonzales and my salesman in person, and they both agreed that Scott, my salesman made a math mistake and it was a very bad deal for them.  Lenny then said, since "they didn't make any money on the car, they certainly couldn't give me any money back".  This statement was ridiculous because in the end I was paying more for the lease than the current television ad campaign.

I then talked to Scott Crabtree, executive manager of the Pohanka dealership, on 6/4/03 and he said he would not help me either. He said it was a terrible deal and that I agreed to $1600.00 and that’s the deal. I told him I agreed to the figure HIS salesperson told me would satisfy my lease and release me from it, after he supposedly obtained that number by calling Honda Finance. Whether it was intentional or not, I was misled and entered the new lease contract based on that false information.

This has been the worst buying experience I have ever encountered and the great customer service that Pohanka Acura talks about on their web site is a joke. Their customer service is nonexistent. I demand that Pohanka Acura honor the agreement that was made on 4/24/2003 and pay the final three payments of $367.37 each, (actually turned out to be 2 about 1/2 mo. payments of $866.81) and the additional mileage penalty of $2269.35 to end my lease with Honda Finance.

To date, Pohanka Acura has sent me a check for $1600.00 to be used for the payoff of my 2000 Honda Accord. They now need to honor their agreement and pay me the additional $1536.46 so I can be released from the Honda as promised.

I have filed complaints with the Better Business Bureau and The Office of Consumer Affairs in Fairfax Virginia. I have also enclosed supporting documents as further proof of this fraudulent transaction. I would greatly appreciate any help you could offer in this matter.

Thank you,
JM