Consumer complaint received 2018-03-25
Company: CREDIT ACCEPTANCE CORPORATION
State: AL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: High-pressure sales tactics

Complaint:
I went into XXXX XXXX XXXX XXXX XXXX on Sunday, XX/XX/XXXX. The  dealer, XXXX XXXX, is a friend of my sister, so he told her that it would be okay for me to come in outside of the scheduled hours of operation. When I arrived at about XXXX XXXX., he had already had a car pulled out and went to put gas in it. It was the only option that he gave me so I assumed that he and my sister had already discussed my money. He was inside processing information and contracts and looking over information that I had given him. He asked me to come to the computer to electronically sign the forms ; he did not go over any information. I am a first time car buyer as a college student, so I was not sure exactly how things would go. Unfortunately, I did sign the paperwork, but no money was taken. I also never took possession of the car because the dealer said that one of the mirrors had to be fixed. Upon the next day, Monday, XX/XX/XXXX, I had an unexpected event happen regarding school and the money was taken out of my account. I was unable to notify the dealer for the fact that I had class and was not dismissed until XXXX. In addition to that, when I spoke to my father that same night, he had asked me if I ever looked at the XXXX XXXX XXXX price of the car ; I had not because I was not sure of any of that and we did not go over the history of the car. After my father told me to check because it seemed to be a bit much for the specific car, I found out that the XXXX XXXX XXXX maximum price for the car was about {$8000.00}. The next day, XX/XX/XXXX, the dealer called me and said that he was missing my miscellaneous mail confirming my address and money. I did not take the call because I was at work, but I did call when my shift ended and I was on my way to school. I told him of the situation and asked him if he could inform my on the steps that I needed to take to get the financing reversed. He stated that there was nothing that he could do and it was my my car since it had already been financed, He told the same thing to my mother when she called. I, then, took it upon myself to call the financing company, Credit Acceptance, to get more information on the financing  of the car. The representative told me that the dealership could indeed cancel/void the finance. My mother and I then called back to speak with the dealer and he said the still insisted that there was nothing we could do. Following this, my mother and I spoke to about three representative that gave us multiple answers. One representative filed a complaint on my behalf and told me that someone would be contacting me within three days. She informed me that it would be wise to send in documentation showing that I had not put any money  down for the vehicle and any other information that I wanted them to know. I sent in both my income statement and the XXXX XXXX XXXX price, even one with the color the car. It was over {$1000.00}. I spoke to a representative one again on Thursday, XX/XX/XXXX, and I was told that there was nothing they could do. The car had not been financed without the miscellaneous information to confirm my address and they were aware that I had not put any money down but it was still nothing that they could do. I then asked if he could do anything without my information and the representative told me that there were other steps that he could take. Over the days of Friday, XX/XX/XXXX, and Sunday, XX/XX/XXXX, I had reviewed the contract and Section G of the contract is entitled " Cancellation of this contract '' states, " You may cancel this contract at any time by notifying the Administrator or Lienholder. Your cancellation notice must be accompanied by the then-current Vehicle mileage [ I  never took possession of the car ]. If the contract price was financed, any and all refunds will be paid to the Lienholder. '' Section I : Refunds and Charges states, " If the contract is cancelled within the first thirty ( 30 ) days past the Vehicle/Contract Sale Date, You will be entitled to a full refund of the Contract Price. '' Per the definitions at the bottom of the contract ( Section J ) : " Contract '' or " Service Contract '' means this  document in its entirety. 

" Contract Price '' or " Provider Fee '' means the price of the Contract as specified on the first page of the Contract.

" Lienholder '' means the financial institution ( if any ) extending the loan/lease amount to the Contract Holder.

" Vehicle '' means the Vehicle covered by the Contract, as identified on the first page of the Contract.

" Vehicle/Contract Sale Date '' means the date the Vehicle and this Contract was purchased.

I do not require a refund because I gave no money whatsoever to the dealer or dealership. My desire to cancel all occurred within the first 48 hours. On today, XX/XX/XXXX, the dealer, XXXX XXXX, contacted me via text while I was at work and stated, " Your car needs to be picked up by tomorrow this deal not gon go away you sign a legal contract. '' I replied, " Sir, this legal contract also states in Section G : Cancellation of the Contract that 'you may cancel this Contract at any time by notifying the Administrator or Lienholder. Your cancellation notice must include the then-current vehicle mileage [ which I never got the car ]. If the Contract Price was financed, any and all  refunds will be paid to the Lienholder. ' It also states in Section I : Refunds and Charges that 'If the Contract is cancelled within the first thirty ( 30 ) days past the Vehicle/Contract Sale Date, You will be entitled to a full refund of the Contract Price. ' '' The dealer replied and stated, " Contract only states that u can cancel gap or extended warranty if you don't believe that wait for the repo to hit your credit I tried to be fair on this but it's on you. '' He texted me again and said, '' Read that again cause I'm telling you it's your car I'm try to save the repo from hitting you credit if you wasn't XXXX sister I would even say nothing about I'll just let the repo man pick it up just trying to gave u fair warning. '' My final message to the dealer stated, " I would not say fair. You are aware of the fact that U am a college student. I do not have the money in my account and I said that. If I were aware of the fees, I would not have wasted your time or mine. You also lied to me and said that there was nothing you could do when multiple representatives from Credit Acceptance that the dealership can cancel it. The car was not financed. You, yourself, also put on the contract that I made a down payment of {$2000.00}. My job will be terminated as of XX/XX/XXXX at the moment. So, whether you were being " fair '' or not it would hit my credit. Unfortunately, I am going into the accounting profession and it may affect my career some but it is ultimately my fault. Per the definition in the contract : " Contract '' or " Service Contract '' means this document in its entirety.

" Contract Price '' or " Provider Fee '' means the price of the Contract as specified on the first page of the Contract.

" Lienholder '' means the financial institution ( if any ) extending the loan/lease amount to the Contract Holder.

" Vehicle '' means the Vehicle covered by the Contract, as identified on the first page of the Contract.

" Vehicle/Contract Sale Date '' means the date the Vehicle and this Contract was purchased. '' I went on to state, '' Thank you for considering me and trying to help. I will face my reality when I have to deal with it. '' The conversation ended at that message. I have a formal letter typed to Credit Acceptance. I simply want out. I am not sure who is aware of this contract but I  have typed everything exactly how it is written. 

I am able to file or scan in all documents and pictures as needed.

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