Consumer complaint received 2022-10-14
Company: DriveTime
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
On XX/XX/XXXX I, XXXX XXXX, a Consumer Pursuant to 15 U.S. Code 6809 ( 9 ) entered into a Consumer Credit Transaction for the XXXX XXXX XXXX XXXX Pursuant to 15 U.S. Code 1679a ( 2 ) with DRIVETIME XXXX XXXX XXXX XXXXXXXX. I agreed to purchase the vehicle on credit only through a consumer credit transaction. 
I am aware and have evidence that, DRIVETIME XXXX XXXX XXXX  XXXX is willfully in violation of advertising a required {$1000.00} down payment Pursuant to 15 U.S. Code 1662 ( 2 ), and for arranging 71 monthly installment payments Pursuant to 15 U.S. Code 1662 ( 1 ) in the amount of {$520.00}. I have paid XXXX XXXX XXXX eleven monthly installments payments of {$520.00} for a total of {$5700.00}. Under the Truth in Lending Act, in a consumer credit transaction when a Finance Charge is included there is to be no cash involved and no installments arranged. The Finance Charge shall be the sum of all charges. There is either a Finance Charge OR installments. There shall not be both included in a Consumer Credit Transaction. 
I am aware and have evidence that, DRIVETIME XXXX XXXX XXXX  XXXX is willfully in violation of collecting a {$1000.00} down payment as shown in the Truth In Lending Disclosure attached as Exhibit A. Pursuant to the Truth In Lending Act Regulation Z 12 CFR 1026.4 ( a ) The Finance Charge is the sum of all charges. When a Finance Charge is included in a consumer credit transaction it does not include any charge of a type payable in a comparable cash transaction. Therefore a down payment should not have been included in the Consumer Credit Transaction. 
I am aware and have evidence that, DRIVETIME XXXX XXXX XXXX XXXX is willfully in violation of failure to disclose that the premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss is included in the Finance Charge Pursuant to the Truth In Lending Act Regulation Z 12 CFR 1026.4 ( b ) ( 5 ) and Congressional Finding 15 U.S. Code 1605 ( a ) ( 5 ). I was required to obtain and show evidence of purchase of insurance on the Vehicle to complete the consumer credit transaction on XX/XX/XXXX as shown in Exhibit B attached. The Finance Charge chart in the Truth In Lending Act shown in Exhibit C clearly states that premiums for property or liability insurance are to be included in the Finance Charge unless the Consumer selects insurance company and disclosures are made. DRIVETIME XXXX XXXX XXXX XXXXXXXX failed to make the proper disclosures. 
I am aware and have evidence that, DRIVETIME XXXX XXXX XXXX failed to disclose clearly and conspicuously my right to rescind, and failed to provide rescission forms to exercise this right. This is a clear violation of the Truth In Lending Act 12 CFR Part 1026 ( Regulation Z ) 1026.23. Two copies of the Right to Rescind and the proper rescission forms should have been provided when entering into the consumer credit transaction Pursuant to Regulation Z 1026.23 ( b ) ( 1 ) of the Truth in Lending Act. The notice shall be on a separate document that identifies the transaction and shall clearly and conspicuously disclose the right to rescind and how to exercise the right to rescind, the effects of rescission, and the date the rescission period expires. 
I am aware and have evidence that, DRIVETIME XXXX XXXX XXXX failed to include interest into the Finance Charge Pursuant to the Truth In Lending Act Regulation Z 12 CFR 1026.4 ( b ) ( 1 ) and 15 U.S. Code 1605 ( a ) ( 1 ). The Finance Charge Chart shown in the Federal Truth In Lending Act clearly states that interest is always included in the Finance Charge. I have paid a total of {$1000.00} in interest to XXXX XXXX XXXX. 
I have filed a Consumer Financial Protection Bureau Complaint on XX/XX/XXXX in regard to the various willful violations by DRIVETIME XXXX XXXX XXXXXXXX XXXX XXXX XXXX of my rights protected under the Truth In Lending Act and Fair Debt Collection Practices Act. On XX/XX/XXXX a representative named XXXX working on behalf of XXXX XXXX XXXX Compliance Department called me directly stating I am responsible for the Vehicle payments per the Retail Installment Contract. XXXX stated she is not a lawyer nor legal representative of XXXX XXXX XXXX and therefore is unable to accurately address my concerns, however she still states in her response that I am responsible for the alleged debt. XXXX is an interloper, she was not present for the transaction and has no knowledge of the credit transaction and must also be held responsible for the fraudulent contract and deceptive practices in court if she continues to claim to be a part of the consumer credit transaction that took place at DRIVETIME. 
I am aware and have evidence that, DRIVETIME XXXX XXXX XXXX XXXXXXXX is willfully in violation of the Truth In Lending Act Regulation Z 12 CFR 1026.4 ( b ) ( 2 ) and Congressional Finding 15 U.S. Code 1605 ( a ) ( 2 ) which states the service or carrying charge is included in the Finance Charge. DRIVETIME XXXX XXXX XXXX has a service fee of {$290.00} included in the itemization of the Amount Financed as paid to DRIVETIME as shown in their retail installment contract. 
I am aware and have evidence that, XXXX XXXX XXXX is willfully in violation of Regulation F 1006.6 ( c ) ( 1 ) of the Fair Debt Collection Practices Act. I have received over 10 harassing emails in communication to collect on the alleged debt after XXXX XXXX XXXX received my Cease and Desist on XX/XX/XXXX. I received four emails within one week on XX/XX/XXXX through XX/XX/XXXX with profane and abusive language threatening to tarnish my reputation by reporting negatively on my credit report. I have made these payments of {$520.00} under duress and against my wishes due to XXXX XXXX XXXX harassing me. I have received another email threatening to report delinquency to the credit bureaus on XX/XX/XXXX which is a violation of 15 USC 1692 c ( c ). XXXX XXXX XXXX is in receipt of my written notice to cease further communication through any and all mediums unless pertaining to the validation of the alleged debt, or remedy for violations that occurred. 
I am aware and have evidence that, XXXX XXXX XXXX is willfully in violation of 15 U.S.C. 1692d of the Fair Debt Collection Practices Act for the use of obscene and profane language that abused me significantly by alleging that I am associated with the sovereign citizen or tax protestor movement and that my claims are typical of the sovereign citizen. I have stated in every document that I am a Consumer and natural living person. The Consumer protection law is made up of a large patchwork of Federal and state laws that protect the purchasers of goods and services against deceptive, fraudulent business practices. I am not making any Sovereign Citizen claims, XXXX XXXX XXXX is discriminating against me for enforcing my federally protected rights as a Consumer under the Consumer Protection Laws. 
I am aware and have evidence that, XXXX XXXX XXXX is willfully in violation of 15 U.S.C. 1692e for implying that nonpayment of the alleged debt will result in the seizure, or sale of my personal property. I received a letter dated XX/XX/XXXX stating the intent to repossess my vehicle if I did not pay the alleged debt which is also a clear violation of 15 U.S.C. 1692f to take or threaten to repossess or disable property. 
I am aware and have evidence that, XXXX XXXX XXXX is willfully in violation of 15 U.S.C. 1692e for distributing written communications made to look like or falsely represented to be documents authorized, issued, or approved by any court, official, or agency of the United States or any state if it would give a false impression of its source, authorization, or approval. I received a letter from XXXX XXXX XXXX stating that " I should be aware that courts across the country have uniformly rejected defenses to payments of taxes and debts '' and goes on further to cite authorities of the United States. XXXX XXXX XXXX can not accurately claim to know what " courts across the country '' have decided. 
I have filed a Demand for Arbitration on XXXX XXXX XXXXDRIVETIME XXXX XXXX XXXX XXXX for the willful and knowing violation of my rights under the Truth in Lending Act and Fair Debt Collection Practices Act.

Company response to consumer: Closed with explanation