Van Le: Mr. Weger? Ok, sorry about that. I was on the other line with my manager. Let me go ahead…and, did Claudia call you this morning?

Weger: No, she didn’t.

Van Le: Ok, I apologize. Um, she told the first thing this morning that you had called and I told her to call you and that I would be calling you after 4:30 because I had meetings scheduled. But, that’s ok, let me pull your information real quick. I’m assuming you’re calling me about your loan.

Weger: Yeah, I’ve pretty much called you every day for the last two weeks…..not every day, but almost every day. Um, I know you have been waiting to get the original on this contract.

Van Le: Right, and then I called you and left you a message that I have been out of town. Um, hold on a second and let me grab that…..hold on one second I’ve got your information in the conference room….let me go grab it. Ok, sorry about that.

Weger: That’s Ok.

Van Le: I’ve got a copy of the contract in front of me which is readable. It’s a little bit difficult to read. I’m looking at the Last Payment Option.

Weger: Ok, let’s kinda go back and recap…..kinda where we started with Craig…are you still working with Craig on this?

Van Le: Yes, I am. We can….um, go ahead.
Weger: Where we started with Craig, was you know, you guys got me in touch with Craig. I talked to Craig…Craig said you know you don’t have a lease with us you have a purchase agreement and you weren’t allowed to bring the vehicle back under the purchase agreement in the first place. Alright, that’s what he told me the first day he talked to him.

Van Le: Uh, huh (affirmative)

Weger: Alright, then I had my attorney review the contract. I didn’t remember it that way at all and my attorney said no, that’s not what it says. In fact, it says you can bring it back. So, I called you and I read the contract and that’s what I read into as well. I read it the same way my attorney did. And now, correct me if I’m wrong, but Craig says that I , under the contract, could bring the vehicle back. But, that I was somehow responsible for any loss on the vehicle. Is that where we ended up?

Van Le: Yeah, and then you sent me a message saying that according to that Last Payment Option, and that you wanted to read through that piece with me and I said that I can’t read that my copy so I was trying to get the original copy back from that department….and Craig sent me a copy and like I said it’s semi-readable….I mean…..

Weger: Let me tell you have to read it because I have the same copy that you do. Are you allowed to get emails? Because, I know Lee (Payne) can’t.

Van Le: I can get emails.

Weger: Oh, I can email you….it’s probably just better…you can’t….were sort of on opposing sides here. The way to do is to take magnifying glass, well this is what I had to do…Ok…because its pretty small print and its kinda blurry, take magnifying glass, read that Last Payment Options section from beginning to end and what I did is I retyped it verbatim so I could put it in big letters and then I could read it. But, the bottom line on the deal…the very last sentence says “in satisfaction of the last payment, uh the last payment which is the balloon payment…it’s the 48th payment that I have the option to return the vehicle.

And then, after that, it says something very similar, I going to paraphrase because I don’t have it right in front of me….it says something very similar to the fact that we will…Bank of America accepts all financial responsibility for any loss or gain if, and when, we decide to dispose of the vehicle. And, it says it in very clear English. It’s very contrary to either what Craig has led you to believe or what you said to me the last time we spoke.

In fact, I’ve got it right here in front of me now. It says, “We will bear the entire risk of loss or benefit of gain if, and when, we dispose of the vehicle.” You can that pretty clearly in the contract on the…if you have the same basic quality of the agreement that I do.

Van Le: Yeah, I’m reading it says, you promise to pay the amount of the finance…..charge…..shown above…

Weger: Yeah, you’ll spend an hour….this is why when I was talking to you last time I said, “There’s no way I can read this, it’s too small, you have to have a magnifying glass, but really the dispute in this case is over whether or not I could return the vehicle and, if so, who was responsible…..’cause there’s no dispute as I understand it, uh from our last conversation or any conversations that I’ve had with Craig, that I made all the payments. What you guys have said is that I voluntarily allowed my vehicle repossessed….after making all the payments, which never made any sense to me, but that’s what Craig’s position is

Van Le: That you made the 47th payments, but not the one payment, the balloon payment.

Weger: Right.

Van Le: Right.

Weger: And so, the first 47 payments are not in dispute, the last payment is in dispute….and that’s what this is all about.

Van Le: You typed up the Last Payment Option or you typed up at the very top where it says, Promise to Pay…Promise to pay.

Weger: I typed up the whole Last Payment Section not the Promise to Pay.

Van Le: I still can’t make it out and I don’t have a magnifying glass with me and I have to get one but it says this agreement is not…

Weger: It says….all it’s saying is that this is a balloon contract. I’ll read that for you. I’ve got it, it says this agreement is not payable in installments of equal amounts. It’s basically saying, hey, you’ve got a big balloon payment at the end of this thing.

Van Le: What does it say after that, it says…

Weger: It says the last scheduled payment is substantially larger than each of the other payments. And, it says that the due date and the amount of the last scheduled payment are shown above. The amount may be less than we estimate the vehicle will be worth at the time of the payment is due.

Van Le: OK.

Weger: Ok, so it’s just stating that the vehicle may be worth less, it may be worth more. I mean, it doesn’t say that, but it’s just letting me know that the vehicle may be worth less than the amount of the last payment due.

Van Le: Ok.

Weger: But, that doesn’t say who is charge of the loss. And, furthermore it makes really no sense. I don’t know of any situation where, you know, I would give you the vehicle and then you just go down and sell it at the auction or where ever. I mean you could have sold it for a dollar. That doesn’t make any sense. All logic aside…which is on my side.

Um, the agreement is really clear. “If you deliver the vehicle to us in satisfaction of the last scheduled payment and meet the above conditions, we will bear the entire risk of loss and benefit of gain if, and when, we dispose of the vehicle. And, I am perfectly satisfied that I met all the conditions and I am perfectly satisfied that I returned the vehicle to you on January 6, 2001 even though that’s not what this contract said I’m supposed to do. In fact, this contract says I’m supposed to deliver this vehicle to you on January 6, 2000.

Van Le: Mr. Weger could you read to me that Last Payment Option in its entirety because I know you read me a section of it but….

Weger: I can’t. I got it but it’s on my home computer. I can email, I mean, I typed it verbatim and I mean every parentheses, colon, semi colon, I typed it absolutely perfectly. I’d be glad to send it to you.

Van Le: I think at this point I can look through it. I’m not an attorney…so I can’t discuss or feel comfortable with discussing whether this legally binds you or doesn’t bind you because I’m assuming this is a pretty standard installment loan contract. I understand what you are saying, but I need to….and I don’t what the contract says in its entirety, but what we need to do is get beyond Craig and talk to the department that would be very familiar and comfortable with the contract and get you that information so your attorney can talk directly to them.

Weger: I’ve been praying for that.

Van Le: I think it’s beyond, uh, ‘cause you and I can go back and forth on it and interpret I and have our own opinions….but

Weger: There’s really no opinion to be had on it. I mean when you read it, I’ll email to you. If you give me your email, I’ll email to you. Once you see…as a for instance, I asked my attorney is there any other way to read this? He just laughed and said, “We’ll no, it says it right there. It is what it is.”

Van Le: I don’t have the rest of the contract. I don’t have the back pages…how many pages this is….

I understand what you’re saying. That’s why I think it’s beyond me interpreting this. I think we need to talk to the right people in the right department. Can you email this…my email is vantle@bankofamerica.com and I’m gonna call Craig and see if I can get our contract area to talk to your attorney. Um, is he willing to talk to us?

Weger: Actually, that’s one of the reasons I called you today. I’m glad I got a hold of you. (Email Verify) I’ll send you a reprint of what I’ve got. My attorney is going to be tied up in court for the next three days. And um, so, um, he’ll be able to talk to your people. I guess what I’m calling to tell you that once those three days are up our suit is going to be filed and I’m not going to be able to talk to you anymore. So, I wanted to basically tell you that you have three days to keep this thing out of the courts and out of the public eye because once it comes public it’s going to ugly. And um, at this point I’m not only perfectly satisfied that I’ve done, and believe me I’ve questioned myself. Craig actually made me question myself. And uh, you know, and one of the questions, just so you know, that I asked my attorney why I’m having to explain Bank of America contracts to Bank of America personnel.

It’s right here in the agreement and the story keeps changing. First, they tell me that I didn’t have the right to turn the vehicle in, now they tell me that I did, but it’s my responsibility, now I read the contract and it’s not my responsibility. And, I asked him are these people inept or are they screwing with me? He said, “No, they are lying to you.” That’s the bottom line. Someone up there knows the story on this and they don’t want to admit that they did wrong because they’re going to have to pay. And, that’s really what this gets down to. So, I don’t if you can tell the intensity in my voice. I’m doing everything I can to keep collected here—I’m mad. And, I want this resolved and I want my credit cleaned up. As I said in my original letter to Gayle Westmoreland, you know, some two and a half months ago….and I told her I didn’t want it done in six months and I want it done as soon as humanely possible. And, it’s taken 2 ½ months to get to this point and I’ve had to go thru with a magnifying glass and explain people’s contracts to them. Forget the last 5 years, that’s bad enough, the last 5 weeks to 8 weeks has been, from a customer service perspective, disastrous in my opinion. And, I can’t say it again or enough, I did everything I was supposed to under this agreement. I paid all my payments. I’m not a dead beat and when you talk to Craig, his name is Craig Andrews right?, please iterate my disgust for the way he treated my on the phone and, uh, the whole process that I’ve had to go through. He was supposed to be the one who reviewed this contract and everything he’s said so far has put you in a bad position because frankly I don’t know if you’re a victim of the information as I am or if you guys are sitting around trying to figure out how to wiggle out of this thing. I really don’t.

Van Le: I assure that I’m not trying to wiggle out, otherwise I would have told you that there is nothing I can do to help you and not even pursued it. I really want to try to resolve the issue but the problem is your….the department….the problem is that…the first thing is that it’s really old. But, the second thing is that when it comes to the loan piece, I’m going in and reinterpreting the discussion I’m having with our loan department so I understand that you’re at the point where you are handing it over to an attorney and that’s your choice, you know, as a consumer…and if you can email it to me….that’s why I said I think it’s at the point where Craig is interpreting it one way and that’s what he’s communicating to me and I’m communicating and forwarding that to you, uh, your attorney is interpreting it another way.

Weger: I’m telling you when you read it, you’re gonna understand it. There’s no other way to interpret it. There is no other interpretation. It says, “we will bear the entire risk of loss and benefit of gain if, and when, we dispose of the vehicle.

Van Le: And, like I said, I’ll call Craig and let him know and make sure he is aware of your next steps and I appreciate you being clear on that. If you can email that to me and I’ll call Craig and see what area your attorney your attorney needs to be talking to. Do you want to give me your attorney’s information?

Weger: Absolutely. I’ve sent it via letter. I’ve sent it in all my letters. I’ve got documents from collection agencies that you guys have sent after us that we’ve told them call our attorney, we don’t owe the money.

If there’s anything you can look at, it’s consistency. I’ve told you, Bank of America, and the collectors since day one, “I’m not going to pay, I don’t owe the money, call my attorney.” Those are the three things that I’ve always told everybody.

Van Le: So, you’ve gone back to your attorney and you feel like this is a lease and not a loan.

Weger: No, absolutely it’s a loan. That’s not the point, that’s absolutely not the point. It says it right at the top of the contract….I agree with that. If there was anything that Craig Andrews told me that was correct, that was it. That was the only thing that Craig got right. This isn’t a lease it was a loan. Ok, it’s a loan pure and simple.

Van Le: Ok, Mr. Weger, I guess I’m trying to understand your point of view because if it’s a loan…and with any standard loan and the loan is not paid off then the money is owed based on….you know…based on exactly how much we can get it for versus the money that’s owed on the loan.

Weger: Ok, if you read the last sentence, you can make it out, it’s not hard. It says, “If you deliver the vehicle to us,” you see that?....the last sentence of the Last Payment Options?

Van Le: Um, let’s see…if you have…if you deliver…

Weger: If you deliver the vehicle to us in satisfaction of the last scheduled payment and meet each of the above conditions, we will bear the entire risk of loss, or benefit or gain, if and when we dispose of the vehicle.

The vehicle is satisfaction of the last scheduled payment. That’s what that means. That’s what it has always meant. That’s what I’ve been saying. I returned the vehicle to you at your request.

Why would someone return a vehicle at Bank of America’s request and hope to God that they sell the vehicle for somewhere close to the amount it was owed. I would, why would I do that? I would take the vehicle and sell it myself and pay the difference. At least then it’s in my control.

I mean I’m not going to take a vehicle back to the dealership….I mean, that’s crazy.

Van Le: Like I said, I think at this point…do you want me to call you back or do you want me to call your attorney back.

Weger: You can call me back until Thursday because the suit isn’t going to be filed until Thursday. Until Thursday, I’m happy to work this out if it can be worked out. But, of course, once we file a law suit it will be up to them…so…

Van Le: Ok, then. I’ll call Craig.

Weger: Let me tell you this one thing. I don’t want to talk to Craig.

Van Le: I know.

Weger: If someone from Craig’s department that is above Craig wants to call me, not below him but above him. I mean, if they call me and tell me their from North Carolina….do you work for Craig is the first thing I’m going to ask them….and um, if they say yes, I’m going to hang up.

So, I need somebody above him that can think. Because…Craig…I asked him to think through this….and I’d also ask you to take a close look at the contract you have in your hand. The original contract date in the top right hand corner says 01/07/96.
Van Le: Yeah.

Weger: Down below there it says monthly payments beginning 02/06/96 and then…the last…you see it says 47 regular payments and one payment of $22,377 due on 01/06/2000. So, none of this makes any sense, because I made payments all the way through 2001.

The last payment, if Craig says…and he did repeatedly…this is the gold standard…”we’re going to use this contract and we’re going to stand by it” If that’s the case then why didn’t you guys send me a bill on January 6th of 2000? It doesn’t make any sense. It makes no sense whatsoever.

Van Le: Yeah.

Weger: So, I mean, and that’s what I don’t understand….Craig…what upset me so much with him asked him these questions he just went back….we have a gold standard contract. And, I told him, look that’s not good enough. You need to care about your customer. And, I’m telling you that this contract is messed up. It’s been messed up from day one. I made my payments. I did what I was supposed to do and you guys ruined my credit. It’s that simple….nothing else happened here. I did what I was supposed to do. In fact, I did what you asked me to do. I took the car all the way back to Dallas at my own expense on the exact 4 year anniversary date, which by this contract would have been a year late. So, all he said was you know….there’s some incongruities here but nothing that would allow you out of the contract.

I said, “I don’t want to get out of the contract. I met my obligations.” He said, “No you didn’t you need to call the credit agency and pay up.” So, that’s their position…I still owe $8300 bucks and that’s what you said last time. You said the banks position is that you still owe us $8300 and change.

Van Le: Uh, huh (affirmative)

Weger: I’m telling you I don’t and I’m not going to pay it. So, hmmm

Van Le: Like I said, I’ll call Craig. I understand what your position is and um, I’ll get back to you if I can try to reach him. I’ll call him right now and if I can reach him, I’ll call you back. If not, I’ll call you next week.

Weger: Ok, you know, I think a fair question to ask him if I’m in your shoes is, did you know this before hand….before you sent me out here into the lion’s mouth…or not. Which is it, are you inept are you unscrupulous? That’s really….there’s not much choice.

Van Le: I understand your point of view and I understand their point of view and I’ve just got to get beyond Craig and see if I can get to the right person. But, like I said appreciate your time and your giving me the opportunity to at least talk through it. At the end of the day, it make end up down the same route but I appreciate you calling me and making me aware of it.

Weger: Ok, thanks Van.

Van Le: Have a good weekend. Bye.

Weger: You too, bye.