Consumer complaint received 2023-05-24
Company: American Credit Acceptance, LLC
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
NOTICE OF SELF REPRESENTATION IN LEGAL PRECEDINGS & ARBITRATION : Plaintiff : XXXX XXXX XXXX Date : XX/XX/XXXX Defendant ( s ) : 1. XXXX XXXX, CEO 2. XXXX XXXX XXXX XXXX XXXX. 
3. XXXX XXXX, CFO XXXX. XXXX ( Name not provided ) Supervisor of XXXX  Department 5. American Credit Acceptance , LLC Statement of Plaintiff : I borrowed around {$44000.00} around 18 months ago. I traded in a car and got {$2500.00} trade in value and I also deposited {$3000.00} with my debit card. I should have had {$5000.00} in equity from the start. I have sent in {$18000.00} in monthly payments on top of the {$5500.00} I put down. All funds paid towards the vehicle add up to est. {$23000.00}. Which is more that the original amount borrowed. I got behind in payments in XX/XX/XXXX and had been making payments as much as I could and communicating with the loan company as much as I could. There were even times I only sent in {$250.00} because that is all I had. I begin catching the account back up in XXXX. On record I have made a payment since XXXX at least every 30 days or so. I paid {$2000.00} in XXXX to catch up. I paid {$1200.00} in XXXX and I also paid another {$1200.00} on XX/XX/XXXX. Yet they kept trying to repo the car even though I was making payments. I tried to get out of the loan in XXXX and tried to trade the vehicle in. I was told I couldnt trade it in because I owed {$43000.00} and the trade in on the car is valued at {$21000.00}. I would have to roll over more than {$20000.00} to trade in the car. I called and tried to get explanations on where my money had gone and how it was misappropriated. Nobody would help me or explain or fix my account. They just kept calling me every day at XXXX harassing me. Texting me every day harassing me and sending tow trucks to hunt for me. I was having conversations with the Settlements Department the week of XX/XX/XXXX th. I had made arrangements at XXXX to go get the car evaluated and sending that evaluation to the Settlements Department. On Monday XX/XX/XXXX, I called back to speak to Settlements I was told the only department I could speak with was XXXX. When I talked to XXXX  I was informed that the reason I had legal action taken against me was because of 3 precise reasons : ( A ) I criminally threatened the tow truck drivers ( B ) I have not been communicating with them ( C ) I have NOT been making my payments. I asked XXXX when my last payment was and she quoted XX/XX/XXXX. I asked her when the last record of communication was. She stated Friday XX/XX/XXXX. I told her that her accusations for why this legal action was taken is unfounded and inaccurate. She disagreed and stated as a fact. That I DID in fact threaten the tow truck drivers. I argued the legal definition of the word Threat, and stated that I never threatened I simply quoted my rights and asked where my {$23000.00} was that was stolen. I told XXXX that ( A ) I never threatened anyone ( B ) I literally have been communicating every week on record ( C ) I literally made a full payment less than 30 days ago. Despite me begging, pleading, asking to make a payment, asking to dispute your process I was simply told to pay the {$4700.00} or surrender the car. I then stated if I did not get justice and correction I would sue XXXX personally for her actions and false accusations and requested here email, employee ID and last name. All of which was denied. 
END STATEMENT Self-Representation Notification : I will hereby be representing my case as my own attorney. I have spoken to XXXX XXXX XXXX ( Appellant Vs. 
American Credit Acceptance , LLC. I have also spoken to the XXXX XXXX XXXX who is suggesting arbitration. Both of which are willing to take my case. Pending negotiations I will consider whether to hire them or not. 
Notice of Intent : I intend on working this out fairly with your legal team. I intend on filing 5 separate Civil Lawsuits in XXXX XXXX XXXX XXXX XXXX against 5 team members of American Credit Acceptance , LLC. As well as the Capital Fund itself XXXX XXXX XXXX XXXX XXXX. I will file each lawsuit for {$10000.00} totaling {$50000.00} in damages. Once filed, I will not lower my demand or settle for less. 
Claims/Damages : Falsely Reporting XX/XX/XXXX payment to credit agencies You wrongly reported a late payment on my credit. I had to get XXXX ( manager ) to send me a letter of credit report altering and send to all 3 credit agencies. Resulted in damaged credit and lost time. 
Falsely Calculating and Inaccurate Billing Records- {$43000.00} was borrowed 18 months ago. 
{$23000.00} was paid within 12 months of initiating the loan. You are now claiming I still owe {$43000.00}. 
Libel/Slander Claim that Plaintiff made criminal threats of harm against tow truck drivers resulting in legal action to be taken against plaintiff Abuse of Process Placing plaintiff in Replevins due to false claims of criminal threats even though a full payment of {$1200.00} was paid XX/XX/XXXX. 
Abuse of Process Falsifying records and abusing the repossession system Conversion Theft of clients funds Misappropriation of funds Misusing and stealing monthly payments and not investing funds into agreed upon usages. 
Negligence Not providing reasonable defense for client when false accusations were made and intentially causing harm by avoiding due process Civil Conspiracy Between American Credit and tow truck companies UDAAP Laws & Deceptive Trade Practices Violations Inserting hidden, and secret interest charges in the contract and civil conspiracy between dealerships and American Credit Acceptance. 
Demands : XXXX XXXX seeks monetary relief, including legal fees. As well as credit history corrected and all late payments corrected to paid on time. 
Complete statements of accounts Copies of all signed contracts Full records of internal notes, and voice recorded calls and Plaintiffs account records {$50000.00} in damages Cease and desist of all collection and repossession efforts Last name and address of XXXX XXXX of XXXX for legal proceedings Recorded Call XX/XX/XXXX @ XXXX With XXXX XXXX : In 3 recorded calls with XXXX she states precise reasons why my account was in XXXX  even though I have made a full payment on XX/XX/XXXX. XXXX  was filed on XX/XX/XXXX. You filed XXXX  even thought the account had a full payment 30 days prior. XXXX claimed she personally listened to a call where I threated a tow truck driver with my XXXX. She stated that was the main reason the legal actions had been taken on my account. 
Definition of Threat from Webster : A statement of an intention to inflict pain, injury or damage. 
XXXX ( Supervisor/XXXX  ) Statements : XXXX XXXX your car is in XXXX because you threatened our tow truck drivers with your XXXX. 
XXXX : XXXX, I never threatened anyone. I simply stated my rights as a United States citizen and the XXXX XXXX. I stated that ( if you illegally try and take my property my XXXX  is in my car and I will defend myself. 
XXXX : Yes, XXXX XXXX that is a threat. 
XXXX : XXXX the legal definition of the word threat is a statement of intention to inflict pain, injury or damage. All I did was state that you have not calculated my payments correctly and if you try and illegally take my property, I will defend myself as I have under right of constitution. 
XXXX : XXXX XXXX, I am not going to speak with you about this anymore. You can either surrender the car or pay us the {$4700.00}. 
XXXX : XXXX, I will make a full payment right now here is my debit card. But I did not threaten anyone and the actions being taken against me are actions based upon false allegations. I demand a process of dispute and complaint. Let me talk to your supervisor. 
XXXX : I am the supervisor. There is not anyone else you can talk too. I am the one who listened to the calls and investigated the threat. 
XXXX : XXXX, do you know what libel or slander is? 
XXXX : XXXX XXXX is there anything else I can help you with sir? 
XXXX : XXXX, XXXX is when you state in writing something damaging against someone else. A threat is a criminal offense. If I threatened you, why did you not file a police report? 
XXXX : XXXX XXXX, I am not going to discuss this with you any longer. Do you want to bring the account current or surrender the vehicle? 
XXXX : XXXX, I am telling you that the false claim of a criminal threat is libel. Especially with it caused legal action to be taken against me. You know that I can have the internal records of your company regarding my account subpoena? 
XXXX : XXXX XXXX am not going to discuss this with you any longer. 
END CALL - Response Requested : Respond to XXXX XXXX XXXX as legal representative. Please respond via phone or email. 
Email : XXXX Phone : XXXX Address : XXXX XXXX XXXX XXXX XXXX XXXX Texas XXXX ENDING NOTES : I have collected 15 recorded calls so far of your customer service team providing inaccurate billing inquires, making false accusations, refuse to provide employee IDs, refusing to allow me to speak to higher authorities and denying me customer service. Providing a direct phone number to XXXX department that goes straight to a voicemail. The calls collected add up to over XXXX hours of recorded content. 
Along with bad customer service, poor or no follow up, lying team members, reporting false information on my credit report, falsifying reports eventually leaving me with bad credit, lost time and almost no place to go regarding protecting my consumer rights. You have over XXXX bad complaints to the XXXX  in the past 3 years. All of which are for the same occurrences. 
SIGNED : XXXX XXXX XXXX : ______________________________ DATE : XX/XX/XXXX END

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation