Date Received: 2023-03-02
Issue: Struggling to pay your loan
Subissue: Lender trying to repossess or disable the vehicle
Consumer Complaint: I have a XXXX used XXXX XXXX XXXX financed through credit acceptance. I got it in XXXX of XXXX. In XXXX XXXX I had paid 2-3 months at once at they were placed under the interest rate instead of my principal. I started to have difficulties paying on it since I was having health issues, and employement issues due to health related problems. I was unable to work causing me to be behind on payments. They were helpful and understanding with that. I told them multiple times I am not paying it due to not having the previous issue fixed. They have called multiple times throughout the year of XXXX. I have told them several times when they called I wasnt going to pay them until I had what I had already paid to them fixed. Now with the new lawsuit stating that the interest rate that I have of 22 % and people are being pressured into loans like myself. I would like to know what to do about it and how it is going to be fixed. I am due to pay over three times what my vehicle is worth. I am unable to find a dealership or car lot that will even accept it for a trade due to it being overpriced. Currently the trade value being XXXX XXXX and my payoff amount is XXXX my loan amount is XXXX. Just would like to be able to let others know what to expect from this company. Also would like to go by getting out of this loan without hurting my credit.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 32955
Submitted Via: Web
Date Sent: 2023-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-02
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Credit Acceptance Corporation {$21000.00} My social security number is being compromised and used as collateral by XXXX XXXX XXXX in XXXX and XXXX XXXX XXXX in New York My personal non public information is being used please help me by deleting negative items from my credit In accordance with FCRA 15 U.S.C 1681 section 602 A states I have the right to privacy
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30501
Submitted Via: Web
Date Sent: 2023-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-02
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: On XX/XX/2023, I entered a consumer credit transaction, not a loan with Credit Acceptance. I entered a consumer credit transaction agreement without transparency regarding the process of the consumer credit application being a financial asset. I now know that my signature is what created the security. According to the Federal Reserve Act Section 16 Part 1 and 2. The application was deposited into the Federal Reserve Bank for the dollar amount of the consumer credit transaction. I am the holder in due course and the XXXX. This is what makes this a fraudulent transaction. Credit Acceptance was already paid when they deposited my credit application into the Federal Reserve Bank. Now they are reporting a balance on my credit report as a debt. How can I owe a balance when they have already paid for the transaction. Credit Acceptance knowingly and willingly entered into a false and deceptive consumer credit transaction with me. the consumer. Credit Acceptance accessed my ( XXXX ) Treasury Account, only to make it appear as though they were loaning me money ( application ) and charge me interest. There was never any money given to me in this transaction. Credit Acceptance was also asked to show where they loaned me physical cash from their own assets and as stated earlier, they never responded to the debt validation/notice of dispute request. This entire transaction is fraudulent and misleading. Although I wish to resolve this matter amicably, I am prepared to seek compensation for damages for Defamation of Character, Securities Fraud, Trust Fraud, Fraud, Embezzlement and RICO. Credit Acceptance also violated numerous TILA and FDCP laws regarding fraud and my consumer rights. I know that I have a right to ask for debt validation according to Federal Law. Credit Acceptance has ignored all requests thus far. I also asked them for a copy of the actual contract with my wet ink signature and they mailed me a picture of the electronic signature agreement. I mailed Credit Acceptance a Debt Validation letter requesting a financial ledger regarding this fraudulent account and they mailed me a 1 page document called ACCOUNT NOTICE, still attempting to collect on this fraudulent alleged debt. I also intend to reach out to the IRS for an audit and an investigation of Credit Acceptance financial business practices. As of the time of the filing of this complaint, Credit Acceptance has not reached out to me to try to come to some type of resolution.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: LA
Zip: 70072
Submitted Via: Web
Date Sent: 2023-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-03
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: On XX/XX/2020, I went to XXXX XXXX XXXX located in XXXX, LA to purchase a vehicle. Upon being allegedly approved, I was advised that I had to put a deposit of {$4500.00} in order to drive the vehicle off the lot. XXXX XXXX is in violation of multiple federal and state violations and non-compliance matters regarding the automobile consumer credit transaction contract between XXXX XXXX XXXX and XXXX XXXX XXXX regarding the XXXX XXXX XXXX. Infringements pertaining to the CFPB 1026.4 Finance Charge Non-Compliance of Truth in Lending Act ( TILA ) 15 U.S.Code 1601 et seq Federal Law/ Violations of Regulation Z- Federal Reserve Regulation. Violation of the United States Code 1605 ( c ) Determination of Finance Charge. Non-Compliance of 1026.23 ( a ) Consumer 's Right to Rescind ( b ) ( 1 ) Notice of Right to Rescind Violation of 12 CFR 226.4 ( a ) Finance Charge ( d ) Written Disclosure of Total Premium Costs Non-Compliance of FCRA, an amendment of Truth in Lending Act ( TILA ) Per The Electronic Code of Federal Regulations ( eCFR ) 226.4 1026.4 Finance Charge A. The finance charge is the cost of consumer credit as a dollar amount. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. It does not include any charge of a type payable in a comparison cash transaction. It CAN NOT be cash and credit. XXXX XXXX XXXX violated the regulation by illegally charging a cash down payment in the amount of {$4500.00} and allegedly granted XXXX XXXX XXXX ( the consumer ) an extension of credit. Accepting cash in a consumer credit transaction is a violation. ( REFER TO THE CANARY COPY OF THE TILA LOAN DOCUMENT ), which I did not receive. XXXX XXXX Failed to give me the proper disclosures, I never received the consumers Right to Rescind Disclosures. In a consumer transaction subject to rescission, a creditor shall deliver two copies of the notice of the Right to Rescind to each consumer entitled to rescind ( one copy to each if the notice is delivered in electronic form in accordance with the consumer consent and other applicable provisions of the E-Sign Act ). The notice shall be on a separate document that identifies the transaction and shall clearly and conspicuously disclose the following : Offical interpretation of 23 ( b ) ( 1 ) Notice of Right To Rescind ( ii ) The consumer 's right to rescind the transaction. ( iii ) How to exercise the right to rescind, with a form for that purpose, designating the address of the creditor 's place of business. ( iv ) The effects of rescission, as described in paragraph ( d ) of this section. ( v ) The date the rescission period expires. ( 2 ) Proper form of notice. To satisfy the disclosure requirements of paragraph ( b ) ( 1 ) of this section, the creditor shall provide the appropriate model form in appendix H of this part or a substantially similar notice. XXXX XXXX XXXX failed to provide me with ANY written disclosures pertaining to my right to rescind within a certain time frame. My main complaint is the violation of TILA Determination of Finance charge can not be cash and credit. I was charged an illegal down payment of {$4500.00} related to this consumer credit transaction. I have reached out to XXXX XXXX XXXX several times with a Notice of Dispute and an Affidavit of Truth in which they did not respond to either documents.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: LA
Zip: 70072
Submitted Via: Web
Date Sent: 2023-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-03
Issue: Problems at the end of the loan or lease
Subissue: Problem with paying off the loan
Consumer Complaint: Will only give a settlement for three months to pay off, asking for more time to pay and still charging late fees
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 11433
Submitted Via: Web
Date Sent: 2023-03-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: Improper use of your report
Subissue: Report provided to employer without your written authorization
Consumer Complaint: In accordance to the Fair Credit Reporting Act this creditor has violated my rights under 15 USC 1681 section 602 states I have the right to privacy 15 USC 1681 section 604A section 2 it also states are consumer reporting agency can not furnish an account without my written instructions under 15 USC 1666B a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MI
Zip: 48312
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: Credit acceptance is the company They are willingly knowingly violating my consumer credit transaction rights all charges are not included and they never disclose this with me at agreement remaining balance {$15000.00} agreement was established in XX/XX/2019 total of XXXX roughly.. Try calling them several times keep getting hung up on talk to a lady wants and she said she didnt know anything about my contract because she wasnt there.. They except truth in lending so I shouldnt have to pay a down payment and I paid a {$1500.00} down payment on XX/XX/2019 I was never told our disclose any of that information about the down payment
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IN
Zip: 46901
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. XXXX is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX CREDIT ACCEPTANCE financial institutions and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX CREDIT ACCEPTANCE " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' XXXX XXXX XXXX XXXX, XXXX XXXX XXXX AND CREDIT ACCEPTANCE Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. The inaccuracies are very repetitive and its causing so much harm to my physical wellbeing. XXXX XXXX credit history is reporting incomplete payment history, data missing from XXXX and XXXX of XXXXand also incomplete data for XX/XX/XXXX thru XXXX XXXX reporting inaccurate information is harmful to my physical wellbeing and ability to live. the monthly payment is incomplete as well. this is violation of the responsibly of XXXX, as well as XXXX. Credit Acceptance payment history is another company that has been reporting incomplete information to my consumers report. XXXX to XXXX of XXXX there's no data reported which is incomplete credit acceptance continues to report on an closed account which doesn't allow anything to benefit in a good aspect. even if I made a few payments it wont be reported fairly because the account is closed! this has caused extreme anxiety. there's also no closed date reported which is inaccurate because its displaying under closed accounts. this isnt a warning or a helping hand to update or correct any and all information but a demand to delete these account asap. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 760XX
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-02
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: ( All mailings were certified with return receipt. ) On XXXX I mailed documents including a Conditional Acceptance for Value/Proof of Claim ( s ) to the company requesting statement of accounts among other proofs from the company. They were given fourteen ( 14 ) days to respond. The company received my mailing on XXXX. I received no response. On XXXX I mailed an Affidavit of Truth-Notice of Default/Opportunity to Cure and a Bill of Particulars listing the violations I believed the company to have violated. They were given an additional 3 days. The company received my mailing on XXXX. I received no response. On XXXX I mailed another Affidavit of Truth including a Notice of Default/Second Opportunity to Cure and a calculated Bill of Particulars. They were given an additional 3 days to respond. The company received my mailing on XXXX. I received no response. On XXXX I mailed an Affidavit of Non-Response and Failure to Contest Acceptance and Agreement Evidence of Dishonor, a Notice of Acceleration and Demand for Payment. The company received my mailing on XXXX. I received a response on XXXX a letter dated XXXX in which the company rebutted only a couple of point made in my prior mailings. On XXXX, I mailed a response to their letter dated XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: HI
Zip: 96786
Submitted Via: Web
Date Sent: 2023-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-28
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit Reporting act This creditor has violated my rights under 15 USC 1681 section 6 o 2 states I have the right to privacy 15 USC 1681 section 6 o 4 a section 2 it also states a consumer reporting agency Can not furnish an without my written instructions Under 15 USCS 1666b a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: SC
Zip: 29203
Submitted Via: Web
Date Sent: 2023-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A