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The US Sun
I bought a $20k car but the dealership wouldn’t give me the title – now I’m paying off a huge loan with nothing to drive
By Kristen Brown,
2024-07-31
OVER 30 customers bought cars from a dealership that never gave them a title – one man’s bank wouldn’t forfeit the title, so he’s out $20,000.
The state’s transportation department said there were ‘multiple complaints’ against the dealership for never giving drivers their titles.
Hunter Allen was one of 34 drivers who bought cars from a dealership and never received a title KTVB The dealership, BirdDawg Motors, was sued by its insurance company to avoid paying out the drivers who were paying loans for cars they don’t own KTVB Allen’s payout would have only been a few hundred dollars, which wouldn’t have made up for the $20,000 he owed after it was repossessed from the previous owner KTVB
Hunter Allen bought a 2016 Infinity Q50 from BirdDawg Motors, an independent dealership in Idaho, in the summer of 2022.
He loved that it was stylish, a good size, and perfect for all four of the state’s seasons.
He had to finance $20,000 from the Idaho Credit Union to drive it home, but he was happy.
“ Nice car, all-wheel drive,” Allen told NBC affiliate KTVB 7 last year.
“It was gonna be perfect for the winter .”
However, things took a turn when he never received a title from the dealership, forcing him to park the vehicle in fear of being pulled over.
“I mean, I’ve been without a vehicle for six months and paying for one,” he recalled.
After he bought the vehicle, BirdDawg Motors should have sent the title over to the bank that issued the loan, ICCU, but that never happened.
The bank contacted Allen not long after he’d bought it looking for it.
“My bank came looking a month later,” he said.
“‘Where’s the title at?'”
Allen found out the title belonged to another bank, Farm Bureau Financial Services, who had an outstanding lien on the car.
The bank repossessed the car from another driver in late 2022.
Since Allen became the legal owner, he became obligated to pay off the loan for a car he never officially owned.
“I spend all this money on the interest and the $20,000 and I don’t get a title,” said Allen.
“ICCU doesn’t have a title for me. I don’t get a car.”
Allen wasn’t the only one left without a title after spending thousands – the dealership’s insurance company, Platte River Insurance Company, sued BirdDawg in 2022.
It didn’t want to pay out the other 34 drivers who complained about missing titles.
One reason I took the case, I realized it wasn’t a mess he had gotten himself into. It was somebody else’s mess he ended up getting into.
Shane Bengoechea, Allen's attorney
Allen’s payout from the lawsuit would only be a few hundred dollars, while he owed thousands, leaving him to seek an attorney.
Shane Bengoechea took Allen’s case, despite the low payout amount, on principle.
“One reason I took the case, I realized it wasn’t a mess he had gotten himself into,” he told the outlet.
“It was somebody else’s mess he ended up getting into.”
Bengoechaea spoke with both banks, Farm Bureau and ICCU, to get one of the two to forfeit the title and waive the lien.
Neither one wanted to budge.
“Farm Bureau has the title,” the attorney said.
“They’re like, ‘well, too bad so sad for you. We’ve got the title to the car.'”
Advice from the Attorney General
The AG office told the outlet that drivers like Allen should do the following if they find themselves in a similar situation:
“If a consumer called our office and reported similar allegations that are highlighted, we would recommend that the consumer: (a) file a complaint with our office, (b) file a complaint with ITD if the dealer is a licensee, (c) file a complaint with the BBB, (d) file a complaint with the Internet Crime Complaint Center (if the consumer purchased the car through the internet from a spoofed dealer website), and (e) consult with a private attorney about his legal rights and options (for example, the consumer may be able to make a claim against the dealer’s bond or the Idaho Consumer Asset Recovery Fund (ICAR Fund; see Idaho Code 49-1608B )).”
Complaints can be made to the ITD here , and trusted dealers through the state can be browsed here .
Bengoechea said the only other solution would be to go through litigation, though it may cost more than the car in legal fees.
“The thing is, by the time he goes through litigation, he’s gonna spend more than the car,” said Bengoechea.
Allen was left without options and decided the car wasn’t worth the trouble after its complicated past and financial strain.
To make matters worse, Allen’s loan officers increased his payment amount after they discovered he wasn’t paying insurance on the car.
He felt it wasn’t worth paying insurance for a car that wasn’t his.
His credit took a hit after he decided to stop making payments towards the loan.
WHAT HAPPENED TO BYRDDAWG?
According to court documents, the state revoked Adam Bain’s license to operate as a dealer.
After he failed to attend court in September of 2022, a judge issued a warrant for his arrest.
The site of the dealership now belongs to an auto detailer, who told the outlet Bain’s past customers regularly come into the storefront looking for him.
The state’s attorney general, Raul Labrador, wrote the station to say his war against Bain is far from over.
“My office has opened an investigation into ByrdDawg Motors. While we do not comment on ongoing cases, protecting consumers is one of our top priorities,” wrote Labrador.
“I will not tolerate deceptive business practices. Businesses operating in this state need to act with integrity, and if found to be conducting business in bad faith, the perpetrator will face the full force of the law .”
The U.S. Sun has reached out to ICCU and Shane Bengoechea for an update.
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