File Number: 20-08-001
In the matter of Motor Dealer Act R.S.B.C. 1996 C.316
and Business Practices and Consumer Protection Act, S.B.C. 2004
Complainant: Vehicle Sales Authority of BC
Joshua Lea Tibbo (#210659)
Mr. Tibbo was instructed by Cranbrook Kia to deliver a cash-back cheque to a consumer in the amount of $3,000. Mr. Tibbo, instead, deposited the cheque in the amount of $3,000 to his own bank account. This was brought to the attention of Cranbrook Kia after Consumer 1 filed a complaint with the Authority. Cranbrook Kia took immediate steps to rectify the matter and paid Consumer 1 the $3,000 and had Mr. Tibbo pay the dealership.
After this matter came to light, Mr. Tibbo assured Cranbrook Kia that this was a one-time occurrence. However, the dealership was not satisfied with Mr. Tibbo’s response and audited all sales by Mr. Tibbo where a cash-back was involved. By way of the audit, the dealership found another discrepancy involving another consumer (Consumer 2). In this case, Mr. Tibbo had paid $1,500 of the $3,000 owing to Consumer 2 and was making payments for the balance owing. Cranbrook Kia obtained the remaining $1,500 from Mr. Tibbo and directly paid Consumer 2 the balance owing on the same day.
Based on the above-mentioned occurrences, the Authority advances allegations that:
Key factual and legal findings
Code of Conduct
The Registrar Found:
Conditions (i), (ii) and (iii) may be reviewed after 12 months from this decision’s date. Mr. Tibbo has leave to apply to the Registrar to remove those conditions sooner, if special circumstances arise.