BELLEVILLE — A man claims a St. Clair County Nissan dealership fraudulently told him his financing had been denied after he made several payments and then failed to refund his money.
Christopher Arnold filed a complaint Dec. 2 in the St. Clair County Circuit Court against Auffenberg Dealer Group Inc., St. Clair Nissan Inc., doing business as Auffenberg Nissan, and James Auffenberg, Jr., alleging consumer fraud and deceptive trade practices, unlawful repossession and conversion, violation of the Truth In Lending Act and the Equal Credit Opportunity Act and unjust enrichment.
According to the complaint, Arnold alleges that on July 14, he purchased a 2017 Chevrolet Equinox from Auffenberg Nissan. He allegedly paid $4,000 as a down payment in the form of a cashier's check and a money order and financed $17,694.67.
Arnold alleges that the defendants "immediately attempted to negotiate the cashier's check and money order," and the bank refused to honor them. Instead, Arnold allegedly paid the defendants $4,000 in cash. He claims his cashier's check and money order were not returned to him, but were also cashed by the dealership.
Arnold also alleges that after making two $500 payments through a financial company, that he was deceptively informed by the defendants that his financing could not be secured. Arnold claims the defendants then repossessed his vehicle on Oct. 4, and only refunded him $3,300 rather than the total of $9,000 he had already paid for the vehicle.
He further alleges he was never told by the financial company that his financing was refused and the defendants intention was to "coerce" additional payments from him not required under the sales contract.
Arnold seeks compensation of more than $5,700 and all other just relief. He is represented by Nicholas Higgins of The A&L Licker Law Firm in Union, Mo.
St. Clair County Circuit Court case number 20-L-0949