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Bill Heard's Bankruptcy Causes Financial Nightmares

POSTED: Wednesday, October 1, 2008
UPDATED: 7:26 am CDT October 2, 2008

Note: The following story is a verbatim transcript of an Investigators story that aired on Wednesday, Oct. 1, 2008, on KPRC Local 2 at 10 p.m.

Days after Bill Heard Enterprises closed the doors of all 14 of its dealerships and filed for bankruptcy, customers keep lining up. They're not looking for cars. They want answers.

Investigative reporter Amy Davis shows you how the car dealer closed its doors, leaving its customers holding the bag for vehicles they had traded in.

A car pulls up every couple of minutes at Landmark Chevrolet off the North Freeway at West Mount Houston.

"I've been trying to call," Magda Miller explained to Local 2. "Nobody answers. Nobody wants to give me any information."

"They're doing everybody wrong," said Blanca Alvarado, from behind the wheel of her SUV. "That's not right for them to do that."

What Landmark did was file for bankruptcy, along with 13 other dealerships owned by Bill Heard Enterprises.

Customers who purchased new cars are discovering their deals were far from done.

"I think they've had plenty of time to pay the other vehicle off," said Brannon Revel.

A month after Revel drove his new Chevy Silverado off the lot, he discovered Landmark never paid off his trade-in. Revel said his lender was less than helpful.

"That was the tone on the phone -- was silence," said Revel of his conversation with GMAC. "And basically, 'Sir I don't know what to tell you. Here's the balance.'"

The balance on his trade-in is $20,000. He owes that along with his new note.

"It's amazing how they can get away with it. You know, right now, I don't know where my truck is," said Revel.

We tracked some of those trade-ins to an auto seller in southwest Houston.

Millenium Motor Sales says it bought 13 vehicles from Landmark Chevrolet. It's already sold some of them to individuals, but it's still waiting for Landmark to turn over titles on all of them.

"So, you guys have already sold 13 vehicles that you didn't have clear title to?" Davis asked the receptionist at Millenium Motors.

"I don't know if they're all sold," the receptionist answered.

"We have to pay two car notes," Miller said. "And now, we don't even know if we are going to have both because they already took one."

No one at Bill Heard answers the phone. And employees at Landmark wouldn't answer our questions.

"Could you tell us what you've done with people's vehicles that Bill Heard was supposed to pay off?" Davis asked a Landmark employee guarding a gated driveway.

The man simply replied, "no comment."

"People who don't have clear title to their vehicles or who still haven't gotten their trade-ins taken care of, they're in a horrible limbo right now, "said attorney Eddie Krenek.

Krenek has several pending lawsuits against Bill Heard, but all litigation has been stalled because of the bankruptcy.

To make matters worse for Texas consumers, the bankruptcy was filed in Alabama.

"The unfortunate part is every one of these consumers, as an individual, will have a difficult time maneuvering the legal process. They need to get together as a block and convince the courts to do something about the types of fraudulent practices that have been ongoing," advised Krenek.

TxDOT's Motor Vehicle Division that regulates car dealers says there is no law protecting consumers or their credit if a dealer doesn't pay off their trade-in as agreed.

The state says it is sending an investigator to Landmark as early as this week.

"Cause all these innocent people out here, all this happened to them for nothing. It's not our fault," said Blanca Alvarado, whose car was confiscated by Landmark employees when she went in to pick up her permanent plates.

For customers stuck with two cars notes and one car, help cannot come soon enough.

If you purchased a vehicle at Bill Heard Chevrolet or Landmark Chevrolet and you've discovered your trade-in was not paid off, file a complaint with the Texas Department of Motor Vehicles at www.txdot.gov/services/motor_vehicle/complaints_against_vehicle_dealers/consumer_complaints.htm and the Office of the Consumer Credit Commissioner at www.occc.state.tx.us/pages/consumer/assistance/complaint.htm.

If you purchased a new vehicle from either dealership, your paper plates have expired and you have not received your permanent license plates, call the Harris County Tax Office at 713-368-2446 to schedule a title hearing.

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