Despite a man's claim that he was tricked into default after purchasing a vehicle, Cahokia Motors argues that it repossessed a customer’s vehicle because he failed to make insurance payments and lost full coverage, which he was required to maintain pursuant to the sale agreement.
Defendants Cahokia Motors and Dennis Fults filed a motion for summary judgment on Sept. 17 through attorney Dennis Watkins of Belleville. The defendants claim that pursuant to the sale of the vehicle, plaintiff John Rose was required to maintain full coverage insurance on the vehicle, naming Cahokia Motors as lienholder.
The defendants argue that Erie Insurance notified them that the automobile insurance for the vehicle would expire on April 15, 2019, for lack of payment.
In response, Cahokia Motors “peacefully repossessed” the vehicle for failure to maintain full coverage automobile insurance on June 15, 2019.
Rose filed his complaint Nov. 12, through attorney David M. Duree of David M. Duree & Associates of O’Fallon. He alleges the defendants violated the Illinois Consumer Fraud Act.
According to his complaint, Rose claims he “is a person of modest means and limited education, living paycheck to paycheck.” He allegedly purchased a 2008 Pontiac Torrent from the defendants on Dec. 22, 2018, for $5,495. He alleges he also paid a $20 documentary fee, $345 in sales tax, and a $196 registration fee, totaling $6,056.
Rose claims he was required to have a cash down payment of $2,000. He allegedly signed a sales agreement requiring him to pay the remaining $4,056 in payments of $200 per month over a 21 month period.
However, the plaintiff alleges the contract also included a finance charge and payment of $553 on Jan. 5, 2019.
“Defendant Cahokia Motors Inc. also required plaintiff to sign a document authorizing Cahokia Motors Inc. to take the automobile without a court order if plaintiff should fail to make any payment or any part of any payment due on the loan”
Rose claims that it was his understanding that he was to pay the $2,000 down payment and then $200 per month beginning Feb. 5, 2019. By early June, he had paid more than $1,000 of those monthly payments. He claims he was not aware of the additional $533 fee, so he did not pay it.
“Cahokia Motors deliberately schedules a large, one-time payment shortly after the initial down payment (the second down payment) for the purpose of then repossessing the automobile and either retaining possession, and the initial down payment and initial monthly payments, or charging the customer a large fee for the repossession,” the suit states.
“Cahokia Motors, Inc. has a huge number of repossessions each year and, on numerous occasions, the automobiles are returned to the customers after they pay an exorbitant repossession fee,” it continues.
Rose accuses the defendants of using deception, fraud, false promises, and suppression of facts.
Rose seeks the $3,155 he paid to Cahokia Motors. He also seeks more than $20,000 for the loss of the vehicle at $200 per week, as well as $500,000 in punitive damages and $25,000 in attorney fees.
The defendants answered the complaint on Jan. 2, denying liability. Cahokia Motors denied that the plaintiff is entitled to recover compensation from them “for any injuries or damages which the plaintiff may have sustained in consequence of any of the matters and things alleged in said complaint.”
St. Clair County Circuit Court case number 19-L-794