Consumer complaint received 2022-11-29
Company: American Credit Acceptance, LLC
State: WI
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Loan balance remaining after the vehicle is repossessed and sold

Complaint:
On XX/XX/XXXX I had just been released from my employer XXXX XXXX XXXX in XXXXXXXX XXXX that i was cleared to return to work that following day. That day i got a call from my friend asking since i was cleared was I able to go to the mall to help her finishing off the shopping for her bridal shower I stated that I would pick her up in XXXXXXXX XXXX I picked my friend up from her home where she guided me to which ways to go due to the fact I only work in XXXX I currently live in XXXXXXXX XXXX so i have no clue how to get to certain places and this was the reasoning of picking her up. We arrived at the XXXX mall in which i believe was called XXXX XXXX XXXX at about XXXX we stayed there for a very brief time maybe 30-45min then headed over to XXXX XXXX she stated to me to park in the XXXX parking structure I believe in which i did when we arrived we went into the mall got the things she needed and headed out closer to around XXXX. when we arrived to the parking structure my friend stated to me " XXXX were is your car? '' I just figured we had went to the wrong structure and she stated no this is the structure I park here all the time. So after looking for my car for a great deal of time we call the security number and a lady states to my friend " did you guys lock the doors? '' she stated " yes '', the security lady asked me what type of vehicle do i own i stated " XXXX XXXX XXXX XXXX '' she placed me on hold and stated she was dispatching someone to take the report because she didn't notice any suspicious activity. A gentle-man pulls up in a security truck goes over the same thing i stated to the lady security officer on the phone he dispatches back in and then as I'm standing by the truck I can hear the same security lady stating to the gentle-man that my car was towed for repossession. And I'm wondering 1st how does she know its for repossession and # XXXX why was she not honest with my friend and I when we 1st called the line. I explained to the gentel-man that this is none-since do the fact I don't live in XXXX I live in XXXX XXXX how am i supposed to get all the way back home. He stated to me that XXXX XXXX has some sort of deal of some sort with repossession towing companies because they sit in there parking lots all day long and drive around and around looking for and towing autos. At the time there was a towing truck circling the lot the security officer said go ask the tow truck driver did he tow your vehicle because according to the footage im looking at he towed your car around XXXX. I asked the driver he stated no and he drove off. The security officer stated to call my loan carrier I called American Credit Acceptance around XXXX spoke to a live agent who was trying to setup a plan for me to get caught back up on my loan I stated to her that I was told by mall security that my car was repossessed by them and she paused and stated to me that according to her records to what she was looking at my vehicle was not repossessed by them and I stated again that the security at the mall called another number who asked me my name make and model number of my car and told me that XXXX had your vehicle repossessed and I asked " I don't understand why they are saying you guys XXXX repossessed my vehicle and I never received a notice in the mail stating my car was up for repossession? ' That was when she re-interated that according to her records i was not in repossession status but to call back and ask to speak to the recovery department to see if they can see something that she couldn't. 
XX/XX/XXXX I called XXXX who told me the same thing the rep told me the day prior my auto was not repossessed and not in default mode even though I was pass due I asked to speak to someone in the recovery department and this is where I was told my auto was repossessed. I spoke to a rep that spoke with a accent and he stated to me that I needed to pay {$6000.00} to recover my vehicle I stated to the rep that I have been off of work for awhile with no pay due to XXXX and was just allowed on the XXXX of XXXX to return to duty XX/XX/XXXX and that I had to call in because my vehicle was repossessed, there is no way I can come up with over {$6000.00} right now. I asked the rep is there anyway i could pay a lesser reasonable amount and I will pay as much as I can every 2 weeks he put me on hold for about 5 mins came back and stated I could pay {$2200.00} ( I cant remember the exact amount but its around that amount ) I stated to him I could get that I would call the XXXX XXXX XXXX XXXX XXXX XXXX XXXX and withdraw a hardship loan could I call him back with final approval and how to send it he stated yes i asked for his name he stated I didn't need it I could do it with any rep over the phone I stated ok that I would be calling back within 5 mins or so he stated ok. I got the approval from my XXXX XXXX and called back spoke to a different rep who told me " No, you have to pay the full past due amount plus towing and storing fees '' I stated to the new rep the last gentle-men stated to me that I could pay the amount that we discussed the new rep stated " and who was this rep? '' I stated " he said I didn't need his name I took that as he notated it in the account '' new rep stated there was no notes and he couldn't locate whom I was speaking to and then that was when I got really irritated because I felt like he was doing this to me personally and asked to speak to his boss and that was when he places me on hold and instead of transferring me to his supervisor he located the rep that made the agreement with me and when returning to the line he stated that I must have misunderstood the previous rep and I stated no I heard him very clear then he stated " what he stated to you was that you would pay the ( around amount ) {$2200.00} until the total pass due and towing fees were paid then once that was paid off then the car would be release to you. '' I stated " that was not anything close to what he stated to me why would I apply for a hardship loan from my pension if the car wasn't going to be released to me? '' and the new rep just sat in silence then I asked is there anyway you can help me out he stated to me " don't you think we have helped you enough? '' and I just started crying and he stated " Is there anything else I can do for you today? I asked him when is the last day I have to pay this buy? He stated you have until XX/XX/XXXX to pay the past due and towing fees and to remeMber after paying that I will have another payment that needs to be made on the XXXX for the orIginal car payment amount. '' he stated if you don't have anymore questions XXXX XXXX have a nice day. '' And as I was talking to someone they asked me had received notice my car was going to be repossessed I stated no and I started to look through my mail to see if I had looked over some and there was nothing sent to me through mail. I get informed delivery through the XXXX XXXX and noticed that back in XXXX on my informed delivery account XXXX  had created a certified repossession letter that I was supposed to receive XX/XX/XXXX tracking number ending in XXXX but according to my informed delivery recordes XXXX created the label but never sent out the certified letter that disclosed my car was in repossession default ( in which I have attached copies of ). Also on the letter I got after the repossession it stated that by XX/XX/XXXX by paying us all amounts past due I could retrieve my auto. How would I have retrieved my auto by XX/XX/XXXX if the letter XXXX  sent out dated XX/XX/XXXX and 1st delivered certified mail on XX/XX/XXXX was the first attempt? I was given a date on a letter to have all moneys to get my auto back by a date that had already passed not to mention was repossessed without any initial warning or letter stating that I need pay pay this or that amount to not be in repossession default? XXXX sent several repossession notices through my email one I rarely look into at this time in life right now. Not one time did I ever receive a letter in the mail stating my was in repossession default.

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