Consumer complaint received 2023-11-21
Company: CREDIT ACCEPTANCE CORPORATION
State: PA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Loan balance remaining after the vehicle is repossessed and sold

Complaint:
CREDIT ACCEPTANCE CORPORATION is in violation of multiple federal laws in regards to the following account # XXXX. As a quick mention, there's a case filed by the cfpb and the attorney general of New York on XX/XX/2023 against this company for unfair, deceptive, and abusive practices to further back up my claim. [ CFPB & XXXX of New York vs. Credit Acceptance Corp ]. In CREDIT ACCEPTANCE CORPORATION terms and conditions they agreed not to share my information with non affiliates. XXXX, XXXX, and XXXX is not an affiliate of CREDIT ACCEPTANCE CORPORATION nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. As a response to my cfpb, they said I signed an agreement that they could share my information to the credit bureaus however the cfpb is the ONLY bureau and consumer reporting agencies are NOT bureaus. If this company believes they are I demand that they provide me with federally stated proof. I am also asking that you validate this debt by sending me the book entries security. 

Additionally XXXX XXXX Code XXXX ( XXXX ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status, repossession ), between the consumer ( myself ) and the person ( CREDIT ACCEPTANCE CORPORATION ) making the report. Additionally, XXXX XXXX Code XXXX XXXX ( a ) ( XXXX ) ( A ) states that A person ( CREDIT ACCEPTANCE CORPORATION ) shall not furnish any information relating to a consumer ( XXXX ) to any consumer reporting agency ( XXXX, XXXX, XXXX ) XXXX the person knows or has reasonable cause to believe that the information is inaccurate. CREDIT ACCEPTANCE CORPORATION can not collect on a XXXX debt. They repossessed this vehicle and charged off the remaining balance This is now considered a certificate of indebtedness per the IRS and income can not be reported. 

The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! I provided a screenshot from the IRS website. By XXXX, the IRS Clearly says a Cancelled debt or XXXX off is XXXX. The reporting of this account as a debt is inaccurate. I never received a XXXX from CREDIT ACCEPTANCE CORPORATION for the cancelled debt of { {$8600.00} } in order to file as ordinary income. Where is my XXXX CREDIT ACCEPTANCE CORPORATION XXXX XXXX writing off debt with the IRS without XXXX out XXXX as required by the IRS for debts greater XXXX { {$600.00} }. CREDIT ACCEPTANCE CORPORATION has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. 

I shall also point out their responsibility pursuant XXXX XXXX XXXX section XXXX ( a ) ( XXXX ) ( B ) ( XXXX ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION XXXX ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 


CREDIT ACCEPTANCE CORPORATION must also refund the remaining balance of the consumer account upon its termination. This is your 7 day notice to return ALL money due from this consumer account. XXXX Treatment of credit balances ; account termination. ( a ) Credit balances. When a credit balance in excess of { {$1.00} } is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( XXXX ) Credit the amount of the credit balance to the consumer 's account ; ( XXXX ) Refund any part of the remaining credit balance within XXXX business days from receipt of a written request from the consumer ; ( XXXX ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than XXXX months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. ( b ) Account termination. ( XXXX ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. ( XXXX ) Nothing in paragraph ( b ) ( XXXX ) of this section prohibits a creditor from terminating an account that is inactive for XXXX or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. ( c ) Timely settlement of estate debts ( XXXX ) General rule. ( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an XXXX of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner. ( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account. ( XXXX ) Timely statement of balance ( i ) Requirement. Upon request by the XXXX of an estate, a card issuer must provide the XXXX with the amount of the balance on a deceased consumer 's account in a timely manner. ( ii ) Safe harbor. For purposes of paragraph ( c ) ( XXXX ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely. ( XXXX ) Limitations after receipt of request from XXXX ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the XXXX of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by XXXX ( b ) ( XXXX ). ( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( XXXX ) of this section is received within 30 days after disclosure.

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