FILE NUMBER:

HEARING DATE: October 3 and October 15, 2007

IN THE MATTER OF THE MOTOR DEALER ACT R.S.B.C.1996 C.316 AND
THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c.2

COMPLAINANT: REGISTRAR

MOTOR DEALER and/or SALESPERSON: DARRYL'S BEST BUY AUTO SALES (Dealer #11019) AND ABBOTSFORD NISSAN LTD. (Dealer #7702) AND GLOBAL VOYAGEURS FINANCIAL CORP. (Dealer #28773) AND DARRYL WARDROP (Salesperson # 105073) AND ROBERT JACK MOON (Salesperson #102594) AND DAVID JAMES LOVETT (Salesperson # 102613) AND JOHN WILLIAM KELLY (Salesperson #104895)

ISSUE:

• Vehicle purchased from Workers Compensation Board, Asset Investment Recovery, at auction using a credit card
• Sold by buyer to Darryl’s Best Buy.
• A customer makes an offer to purchase, and, after a credit check by Global Voyageurs Financial Corp.(GVFC), leases the vehicle from GVFC. At the time of the transaction, the registered owner was Darryl’s Best Buy, but it was transferred to Abbotsford Nissan at a later date
• Asset Investment Recovery (per WCB) later was informed that a fraudulent credit card had been used in the original purchase
• The customer who had leased the vehicle was stopped by the RCMP and the vehicle was seized
• The vehicle was returned to WCB
• The customer, who had made all his payments to GVFC, sought restitution, but found himself chasing from company to company, each claiming the responsibility was someone else’s
• He finally complained to VSA and an investigation was launched
• All of the above parties were called to a hearing

OUTCOME:

• The Registrar indicated one of the three dealers should compensate the consumer.
• The Registrar adjourned the hearing to allow the dealers some time to resolve this issue on their own.
• The parties were asked to work with the VSA and the Registrar with respect to customers applying for credit, but receiving a lease.
• The hearing has not been reconvened as the consumer’s issues were resolved amongst the dealers.

COMPLETE DECISION:File 11-027R Reconsideration Decision Darryl's Best Buy Auto Sales Ltd. March 18, 2011

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