Consumer complaint received 2024-01-18
Company: CREDIT ACCEPTANCE CORPORATION
State: MI
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Loan opened without my consent or knowledge

Complaint:
After being fraudulently entered into this car loan which I informed credit acceptance of, Credit acceptance continued to proceed with the loan and its terms.

Persuant to 15 USC 1635 your company have violated multiple laws required by your company such as, Disclosure of the consumers right to rescind a contract in which a security interest is or will be retained. 

Providing Rescission forms for the consumer to successfully rescind a contract if he/she so desires. 
Many more finance requirements that were not explained or disclosed that will be added to my civil suit. 

Persuant to this section of the law you are required to rescind this fraudulent contract and refund all moneys paid out including, but not limited too any down payments made. 
The law also states in section ( g ) of 15 USC 1635 : ( g ) Additional relief In any action in which it is determined that a creditor has violated this section, in addition to rescission the court may award relief under section 1640 of this title for violations of this subchapter not relating to the right to rescind.

1640. Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of- ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; As a second time Credit acceptance customer Im 1000 % positive that I can prove a pattern of violations on credit acceptance behalf, as you guys even repoed my last car after it was paid off according to the law, that classifies as theft, being that our whole contract was fraud. 

With pain and suffering from this vehicle almost killing me and my children, because of it being an unroadworthy vehicle. 
Breaking down twice since taking it off the lot, the first time being the same night of purchase and never working pass 15days. 
Having to lose my job due to not having a vehicle and using all of my savings to take my children back and forth to school in XXXX and on the City bus, Im sure a jury would be very generous in there verdict. 

I have sent this letter to XXXX XXXX as I am suing them also for violations, fraud, deception, breach of contract, etc, Just As I am filing civil charges against your company. 

I am including a notarized affidavit of truth from the gentleman I informed your company ( Credit acceptance ) of that XXXX XXXX asked to sign the loan agreement in my name when I stepped out of the building to get separate insurance from their personal insurance person. 
Which reminds me of another violation as the insurance was not included in the Sum of all charges amongst other things Dear Credit Acceptance, Persuant to 15 USC 1635 I hereby exercise my right to rescind the Finance contract that was fraudulently entered into between XXXX XXXX XXXX, Finance company Credit Acceptance, and Dealer XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

I Hereby revoke all of my signatures that have been placed on any documents. 

I demand that you Cease and desist all actions pertaining to myself XXXX XXXX and your company. 

You have 14 days to respond as I will be swiftly filing my complaint. 

Sincerely, XXXX XXXX XXXX : CFPB Cc : Michigan Attorney Generals Office Cc : XXXX I have XXXX mailed all of this information on notarized documents to credit acceptance headquarters. I will upload the postal receipt

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 monetary relief