Next Gear Capital are crooks

ComplaintsAutomotiveNext Gear capital Class action suit

Complaint

0
Robert Di Giorgio
Country: United States
I need to hear from as many dealers affected by Next Gear Capital's illegal practices. WE are trying to convince a lawyer to sue Next Gear for fraud and dishonest dealing. Several of us have had a business ruined by the crooks and now its time they pay up.

Please contact Robert, my email is 2radsr@gmail.com

Comments

  • 0
    Ken
    | 4 replies
    I need sue them as well
    408-417-6090  help!!!
    • 0
      m replies to Ken
      | 3 replies
      we have been dealing with this for almost 2 years, I have not found anyone who has done a class action.  my advise is check your records thoroughly and your predatory contract.  we found a car they repo'd not on the final list of distribution.  They locked us out of our account...per contract and law, we have right to all our records.   And, per the contract they were supposed to go to arbitration, not litigation..skipped right over that.  Trying to find an attorney in Indiana for the hearing.
      • 0
        b replies to m
        just did me same way and i was paying them
      • 0
        undisclosed replies to m
        | 1 reply
        I'm looking into filing a class action.  Things to consider that you could discuss with a lawyer ... my contract did not disclose essential terms I actually still have no idea what they are.  They were in the portal online days after executing my contract.
        I'm not sure what US insurance laws ie Collateral Protection are in the US but they are not licensed to sell insurance in Canada
        There are a lot of unconscionable terms in the contract as well.
        If you read through paragraph by paragraph ...
        This is not to constitute as legal advice simply something to look into further with your lawyer.  Just things I found.
        • 0
          tj replies to undisclosed
          I know a lawyer that can help you
  • 0
    allen
    like to join class action lawsuit against nextgear.
  • 0
    Phil
    I would like to join class action lawsuit as well. They locked me out of my account and will not allow me any of my information. P_salamino@yahoo.com
  • 0
    Stacy Edwards
    | 1 reply
    Please add us to the list...on any lawsuit against nextgear..they have unethical business tactics that has forced me out of business and now I'm being sued.
    • 0
      Stacy Edwards replies to Stacy Edwards
      Please add us to the list...on any lawsuit against nextgear..they have unethical business tactics that has forced me out of business and now I'm being sued.  My email address is onamsndaily@gmail.com
  • 0
    Rt
    ad us to the list
  • 0
    Derek
    Any update?? I see that the blog at Nextgearcapital.blogspot.com has been removed.
  • 0
    steve
    please add us to the lawsuit  we have alot of problems with them we hid our cars to avoid repo
  • 0
    Paul
    | 1 reply
    I will keep you guys posted, but if cox enterprises doesn't make things right with me in the next day or two, the DOJ is going to get a list of information so long it will take years to sort through. I may never get a dime back, but I can assure I will spend the rest of my career chasing them down for illegal activities.

    Resume:
    15 Year of Executive Level Banking in the Auto Finance Sector
    2 Years as a licensed car dealer mainly focused on learning the opposite side of this industry for future personal career growth
    Extremely current on compliance and collection laws
    Learning regulations against collusion and price fixing
    Beginning to reach out to politicians and  Government Agencies

    Im not sure I feel like going through the years of fighting in court, In this case, Id rather just be a rat and turn them over to the government and media outside of Cox Media. Some rookie could make a name for himself with these guys.

    DON'T FOCUS ON NEXT GEAR -  FOCUS ON COX ENTERPRISES, ANTI TRUST LAWS, RED FLAGS OF COLLUSION WITHIN OTHER AREAS OF COX,

    If you want them the sting, buy a repossession from a large fleet seller that has customer information inside the car still. Turn the personal information over to the customer who had the car repossessed and watch them hug you when an attorney catches wind of that. The ones with banking and medical information will really bite them in the ass.

    They have made it difficult to sue and have suckered every customer into signing a contract that waives your rights to sue, but OMG, if you want to bring them to there knees like they do to others, look for the signs. Meridian, KBB, Manheim, DealShield, Next Gear, Dealer Track, Dealer Track Title Solutions, OVE....... Watch it all and youll find whatever you need.

    If there is typo's, sorry, I hate typing but its worth it when it comes to this organization.
    • 0
      Undisclosed replies to Paul
      Whats your email...want to trade information?
  • 0
    Dave
    Sold 400 cars a year for several years did millions of dollars with those crooks and they defaulted me with out even missing a payment lawsuit pending knocking on the door of bankruptcy and all the hard work and 350k in equity down the drain please add me to any class action
    Hudsonvalleyimportsllc@gmail.com
  • 0
    allen
    | 1 reply
    filed counter lawsuit Against Nextgear Aug-19-19.
    • 0
      Scott Lollar replies to allen
      I also have a counter suit filed against Nextgear .Would be glad to compare notes with you if you are interested. Scott Lollar 334-398-2097
  • 0
    Anonym
    NextGear is blatantly extorting money from my business, they seem very desperate, are they going down in flames yet? I see a class action rico case moving forward out of 7th district appeals, red barn motors vs Nextgear. Are there any attorneys looking for a good extortion case vs Nextgear?
  • 0
    Ron Moore
    Hello anyone interested in talking to an attorney about there nextgear cox automotive issues please email me ronmoore1@gmail.com
  • 0
    Almost signed but glad I read first
    Hey fellow dealers. I was approved for a 50k floorplan loan from NextGear recently. I'm glad I didn't rush to click on ACCEPT and read EVERY word. NextGear seems to have covered ALL of their tracks in that contract. I'm not sure how much of a leg you will have to stand on in court if you signed/accepted the contract. I'm NOT a lawyer but there is a signed contract that you agreed to ALL of these outrageous terms: fees whenever they want to take them out, surprise audits you have to pay for, can repossess ALL of your inventory (not just cars you bought with their money), Security interest in assets/property and last but not least NO CLASS ACTION lawsuits. Don't take my word for it. Go re-read your contract word for word. This is VERY bad but I don't see how a judge would overturn any of their actions for just enforcing the terms that were agreed to in the contract. This is B2B and not B2C. Consumers may have some additional protections against predatory lenders but as a business they will probably ask if you signed the contract and agreed to the terms. Nextgear held up their end of the deal by giving you access to the $$. I know you folks got the short end of the stick because they took all of your inventory, froze accounts, etc. I'm definitely NOT pro-Nextgear. I'm NOT going to sign up for their floorplan loan and probably NOT any others. It seems like you have to sell your soul to gain access to the $$. I will just have to build my inventory slow with some saved up $$ or if I can get some friends/family to invest.

    Just in case you don't have your contract handy. I've listed 2 of the major terms I read and realized this was NOT for me.

    2A and 2B
    GRANT OF SECURITY INTEREST. In order to secure full and prompt payment of all Liabilities and performance of all obligations of Borrower
    to Lender, its Affiliates, and/or their respective successors or assigns:
    (a)
    Borrower grants to Lender a continuing security interest in all of Borrower’s assets and properties, wherever located, including, without limitation, all equipment of any kind or nature; all vehicles and vehicle parts; all Inventory now owned or hereafter acquired, including, without limitation, all Lender Financed Inventory now owned or hereafter acquired; all amounts in Borrower’s Reserve held by or on behalf of Lender, if any; all documents, documents of title, deposit accounts, accounts receivable, manufacturer rebates and incentive payments,
    chattel paper, including, without limitation, all Receivables and general intangibles now owned or hereafter acquired by Borrower; all cash reserves; all of Borrower’s books and records (including any books and records contained on computer hardware or software or otherwise stored by or on behalf of Borrower in electronic or digital form); and all additions, accessions, accessories, replacements, substitutions, and proceeds of any of the foregoing (collectively, the “Collateral”).
    (b) The security interest given to Lender in Section 2(a) is given to Lender to secure payment of all Liabilities and the performance of all obligations of Borrower to Lender, and its Affiliates, including all obligations of Borrower under this Note, under any other Loan Document, or otherwise, all without relief from valuation or appraisement Laws.

    22A - CLASS ARBITRATIONS
    AND CLASS ACTIONS OF ANY KIND (WHETHER PURSUED THROUGH ARBITRATION OR THROUGH THE COURTS) ARE NOT PERMITTED. BORROWER AGREES THAT IT MAY BRING CLAIMS AGAINST LENDER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BORROWER AGREES THAT, BY ENTERING INTO THIS NOTE, BORROWER IS WAIVING ITS RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER SIMILAR REPRESENTATIVE PROCEEDING. UNLESS CONSENTED TO IN WRITING BY LENDER, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. BORROWER ACKNOWLEDGES
    AND AGREES THAT THE SIZE OF BORROWER’S CREDIT LINE, THE INTEREST RATE TO WHICH ADVANCES ARE SUBJECT AND CERTAIN FEES CHARGED TO BORROWER, AS WELL AS THE SIZE AND DATES OF SPECIFIC ADVANCES, ARE UNIQUE TO AND NEGOTIATED BY BORROWER, AND THAT SUCH FACTORS WILL AND DO VARY AMONG BORROWERS.

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