Saturday, September 6, 2014

Petition | Mossy Toyota: Give refund for unsafe lemon car. Stop taking customers' Constitutional rights. | Change.org



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Used car nightmare -- Mossy Toyota


  • Petitioned Auto dealership - Mossy Toyota
    1. Jon Perz
    2. Petition by
      San Diego, CA

Imagine being stuck having to pay over $12,000 for a car that's so unsafe, you can't even drive it. That's what's happened to me.

In 2007, I financed a “certified” used 2002 Ford Escort for $12,000 in total from Mossy Toyota in San Diego.

I had no idea the contract included a clause – hidden on the back -- taking away my right to take the dealership to court if they cheated me. It required disputes to be submitted to a private "arbitration" company chosen and paid for by Mossy Toyota.

The car had a serious vibration problem. The dealer said not to worry, they would fix it. Twice, they attempted repairs, but the shaking and rattling continued.

An automotive expert inspected the car and found extensive rust damage and other signs it had been submerged underwater. He said vital electronics were contaminated and corroding. He also discovered it had been damaged in a collision. His conclusion: the car was unsafe to drive.

I asked for a refund, but Mossy refused. I was stuck with an un-drivable lemon. That lemon has been collecting dust in my garage to this day.

I hired an attorney who filed a suit. But Mossy Toyota got my case kicked out of court and into forced "arbitration." While I waited for a hearing, I had to keep making monthly payments for the car.

Otherwise, it could have been repossessed, ruining my credit. I paid off the entire loan of over $12,000 -- for a car I couldn't even drive.

First Mossy claimed the Escort was a "commercial" vehicle - even though it clearly wasn't. If it were, I would have been charged $1000s in fees, just to get into arbitration. When that ploy failed, Mossy refused to pay for arbitration -- even though its own contract promised they would pay. In 2012, the American Arbitration Association (AAA) finally dumped Mossy, due to non-payment. The AAA also requested that Mossy remove the AAA name from all future contracts. This has left me stuck in "arbitration purgatory," unable to get a hearing in court or in arbitration.

If I could have taken them to court, I think that Mossy Toyota wouldn't have sold me that defective car in the first place. Mossy should refund the money I've paid for that unsafe lemon, and stop forcing people to give up their Constitutional rights, just to buy a car.
 
To:
Mossy Toyota:

Give Jon Perz a refund for that unsafe lemon used car. Stop taking away your customers' Constitutional rights, by imposing forced, mandatory binding arbitration on them, just to buy a car.
Sincerely,
[Your name]

News

  1. End of Days - Arbitration Purgatory

    Jon Perz
    Petition Organizer
    Arbitration to be held on July 24th, 2014
    It will be 2,716 days Or
    7 years, 5 months, 9 days
    Alternative time units:
    234,662,400 seconds
    3,911,040 minutes
    65,184 hours
    388 weeks
    And it will be over. One way or another.
  2. Reached 2,000 signatures
  3. News report: sour car deal spurs billboard protest

    Jon Perz
    Petition Organizer

    Billboard Seeks to Name and Shame in Arbitration Case
    Jon Perz, the disgruntled Mossy Toyota customer who has become an outspoken critic of private arbitration as a means of settling consumer complaints, has taken his feud with the car dealership to a new level. Perz and the activist group Consumers for Auto Reliability and Safety had a billboard erected Monday morning on Mossy's own used car lot.