Tuesday, September 05, 2006

motor home : LAWSUIT SEEKS TO SHUT DOWN MOTOR HOME DEALER pt 2

It is estimated that Hakes' fraudulent and illegal business practices have cost consumers hundreds of thousands of dollars and may have ruined individuals' credit ratings.

One consumer complained that he contracted with Hakes last spring for the purchase of a new motor home worth over $106,000. It was financed, in part, with a trade-in allowance worth nearly $66,000 for two older trailers and a loan arranged by Hakes for $81,000. Although Hakes received the proceeds for the new loan a year ago, he never delivered the motor home. Likewise, Hakes failed to pay-off the outstanding loan for one traded-in vehicle and greatly delayed payment on the outstanding loan for the other trade-in, damaging the consumer's credit record. To date, this consumer is legally responsible for two loans for motor vehicles he does not possess.

Last summer, this consumer traveled to California seeking information about the motor vehicle's manufacturer only to discover that its factory had been out of business for two years. He later discovered that the vehicle identification number used in the purchase contract for his new motor vehicle was fraudulent.

Spitzer's investigation also revealed that Hakes continues to operate his motor home business and used car dealership even though DMV suspended his license this past January. It has been subsequently revoked.

The Honorable Joseph W. Latham of State Supreme Court in Steuben County signed a restraining order temporarily shutting down Hakes' sales business and set a court date for June 1st.

In filing the lawsuit, Spitzer's office seeks a court order permanently barring Hakes from the motor home and used car sales business. The lawsuit also seeks a full accounting of all transactions related to the purchase or sale of motor homes, trailers, and any other vehicles since January 2002 and to compel Hakes to contact credit bureaus to resolve outstanding loan problems for consumers. In addition, Spitzer seeks full restitution and damages for injured consumers, plus civil penalties for Hakes' numerous violations of law and court costs.

Spitzer acknowledged the cooperation of the Department of Motor Vehicles in the investigation and the assistance of Senior Automotive Facilities Inspector Timothy Furlong and Investigators Roy Wakeman and James Magill.

Individuals with complaints against Hakes are encouraged to contact the Attorney General's consumer help line at (800) 771-7755.

This case is being handled by Assistant Attorney General Michael Danaher of the Binghamton Regional Office and Assistant Attorney General Carlos Rodriguez of the Rochester Regional Office. They have been assisted in the case by Investigator David Martin of the Binghamton Regional Office and Senior Investigator Christopher Holland of the Rochester Regional Office.

http://www.oag.state.ny.us/press/2004/may/may26a_04.html

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