Consumer complaint received 2023-10-03
Company: CREDIT ACCEPTANCE CORPORATION
State: PA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Credit Acceptance Corporation Subject : Demand for Return of Vehicle and Refund of Funds Dear Sir/Madam, I am writing to bring your attention to a matter of utmost importance regarding the retail installment contract I entered into with Credit Acceptance Corporation . It has come to my attention that there have been serious legal and ethical violations in the execution of this agreement, which necessitates immediate action to rectify the situation. 

First and foremost, I must assert that I never received any monetary funds from Credit Acceptance Corporation as stipulated in the retail installment contract. No checks or funds were disbursed to me for the purpose of purchasing the vehicle in question. This raises serious concerns about the legitimacy of the contract and the actions taken by Credit Acceptance Corporation. 

Upon further investigation, it has become clear that Credit Acceptance Corporation engaged in fraudulent misrepresentation by acting under the color of law. I was led to believe that I was signing a contract to obtain a loan for the vehicle, when in reality, I unknowingly signed a contract as a surety or accommodation party. This fraudulent inducement deprived me of the opportunity to make an informed decision and violated my rights as a consumer. 

By creating a fraudulent debt in my public name, Credit Acceptance Corporation has engaged in a form of identity theft, which is a serious offense under UCC 3.419. This action has caused significant distress and financial harm to me. I demand that you immediately cease all collection efforts related to this fraudulent debt and take immediate steps to rectify the situation.

Therefore, I request the following actions be taken : 1. Return of Vehicle : I demand the immediate return of the vehicle that was unlawfully obtained from me. The vehicle 's details are as follows : - Make XXXX XXXX XXXX Model : XXXX - XXXX - Vehicle Identification Number ( VIN ) XXXX XXXX. Refund of Funds : I insist on a full refund of any and all funds that Credit Acceptance Corporation has received from me, as I did not receive any monetary funds as per the terms of the contract. 

3. Cessation of Collection Efforts : I expect that all collection efforts related to the fraudulent debt associated with this contract are immediately halted. This includes contacting me, reporting the debt to credit bureaus, or engaging any third-party debt collectors. 

4. Acknowledgment of Liability : I demand that Credit Acceptance Corporation formally acknowledge its liability for the fraudulent actions and misrepresentations that have occurred in relation to this contract.

I expect a prompt response to this letter and a resolution to this matter within 30days from the date of your receipt of this correspondence. Failure to comply with these demands may leave me with no choice but to pursue legal remedies available to me, which may include filing complaints with regulatory authorities and seeking legal representation to protect my rights.

Please be advised that I have retained copies of all relevant documentation, including the retail installment contract, for my records and potential future legal proceedings.

I trust that Credit Acceptance Corporation will take this matter seriously and act promptly to rectify the injustices that have been committed. I look forward to your prompt response and a satisfactory resolution of this matter. 

Sincerely, XXXX XXXX XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation