Consumer complaint received 2019-08-02
Company: CREDIT ACCEPTANCE CORPORATION
State: PA
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:
Date : XX/XX/XXXX and XX/XX/XXXX, XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX. XXXX  XXXX XXXX, VA XXXX Re : XXXX XXXX XXXX XXXX XXXX XXXX XXXX Pa. XXXX Account # XXXX Hello and hope all is well. After reviewing the notice amount remaining is XXXX as of XX/XX/XXXX with taxes e-Collections XXXX per XXXX XXXX   XXXX  XXXX. After reviewing payment history, Im exercising my rights under the 1977 Fair Credit Report Act. I hereby, requesting the accuracy of reporting. 

1. The bill of sale between XXXX XXXX XXXX XXXX and buyer. Never received any Notice of Deficiency. Received document and contact number and fax number does not add up. Spoken with Gentleman and not aware of vehicle being sold. 
2. How were the amount calculated expenses incurred in retaking vehicle on an account filed in bankruptcy ( Chapter XXXX )? Explanation of Calculation of Surplus or Deficiency is unclear, my credit report is date of last report payment is XX/XX/XXXX from seller and not I. This is considered re-gaging of debt according to PA Statue of Limitation Laws, I therefore dispute this account pursuant to FDCPA, 15 USC 1692g and my states laws. 
According to my state 's attorney generals office, the statute of limitations for this type of debt expired. ( XXXX XXXX last payment is XX/XX/XXXX of {$200.00}. Vehicle was in possession for three years after last payment. Vehicle repossessed on around or after XX/XX/XXXX You have four years from the date of last payment to file. Documentation states there were no payments for three plus years. If you intend to take this issue to court, I shall inform the court : I disputed this debt. The statute of limitations on this account expired You are in violation of 15 USC 1692g for filing an action on timebarred debt I request there be no further communications from anyone affiliated with your company, except to inform me collection efforts are terminated, or you or the original creditor are taking actions allowed by the FDCPA and my state 's law. 
Any other contact is a violation of the FDCPA. I will report violations to my state 's attorney general and the CFPB. I will also consult with a lawyer to discuss filing a civil action under FDCPA 15 USC. 1692k ( a ) ( 1 ). Be advised I keep notes of all phone calls, and any violation of the FDCPA can result in your company being fined up to {$1000.00} per violation plus costs, expenses, and attorneys fees. 
XXXX. The amount generated of the amount of credit to my account. Including any payments received since date of item # 1 above other credit to which is entitled, including rebates on rebates. XXXX or credit services charges or ancillary products such as a Gap contract of XXXX. Documents are unclear 4. Do your company have a license to practice in Pennsylvania? If so, please provide the number? Actual license? 

I have previously demanded that your company validate the above-listed item. You have failed to do so. Please take notice that your inaction is detrimental to me and is in violation of various laws, including, but not limited to, the Consumer Credit Protection Act ( CCPA ), the Fair Credit Reporting Act ( FCRA ), and the Fair Debt Collection Practices Act ( FDCPA ). 

As you are aware, your firm knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me. Your inaction makes it apparent that you have failed to use reasonable care regarding this matter and you have failed to use even minimal procedures to ensure that I was not harmed by your dissemination of information that is inaccurate or which can not be validated. Specifically, you have communicated and are continuing to communicate incorrect and defamatory information to third parties, including, but not limited to, XXXX, XXXX, and XXXX. 

As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. Please accept this letter as my demand for the immediate and complete removal of this tradeline from my credit reports ( XXXX, XXXX, and XXXX   ). As I am currently attempting to apply for credit, time is of the essence. Be advised that if this matter is not resolved in 30 days, I will take any and all necessary steps to protect my rights, including, but not limited to, the commencement of legal action. I have sent you a notice requiring you to verify this debt in accordance with 15 USC 1692g. I have included a copy of the original dispute, which lists in detail the type of verification requested. 

In response you have only sent a computer-generated print-out of the total amount you claim is due, which may not be accurate. Furthermore, you have failed to provide an executed credit contract proving liability of this debtor on the amount claimed. 

This is unsatisfactory as proof that I owe the debt ( please see Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004. ), and is hereby rejected as a validation of the debt. You have not complied with my right to have the debt validated according to the standards of the FDCPA, and your response is hereby rejected as a validation of the debt. 

You must now remove the collection listing from my credit report, or I will file a lawsuit for violation of FDCPA, 809 ( b ). 

Thank you for your assistance as I assert my right to have a proper validation of the referenced account according to law. 




Respectfully, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Pa 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