Consumer complaint received 2017-08-11
Company: DriveTime
State: AL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
To whom it concerns : In my previous complaint XXXX against Drive Time illegally repossession, illegally reported information to three financial institutions nationwide. After receiving the feedback information from Drive Time concerning this complaint they sent cfpb several documents with their statement- 1. Get Approve Form, 2. Retail Instalment Contract. After investigating these documents, I noticed several misleading information on the documents that Drive Time sent to cfpb. Enclosed are these documents 1. Retail Instalment Contract- On XX/XX/XXXX when I left Drive Time they gave me copies of all copies of paper of agreement and paper I signed. There was one paper that was not signed Retail Instalment Contract of the Customer Copy. This was just found out when I was looking at the paperwork that Drive Time sent cfpb as feedback to my complaint. The copy they sent cfpb was signed XXXX XXXX XXXX. And was signed by an employee of Drive Time with the of SSA. This signature was being forged on this contract. I never sign my name XXXX XXXX XXXX it is always XXXX XXXX XXXX and I never make my XXXX over to the XXXX and dot the I in the loop of the XXXX. ( I have enclosed a copy of handwritten signature ) Forgery is considered fraud in the performance. Fraud in the performance voids the contract so that there is no valid contract. The forgery makes a contract null and void A Drive Time employee signed a contract without my consent, I am not bound by that signature or document because the signature does not manifest the intent to be bound by it. Alabama State Criminal Code Section 13A-9-2 Forgery in the first degree. ( a ) A person commits the crime of forgery in the first degree if, with intent to defraud, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed : ( b ) Forgery in the first degree is a Class B felony. And as the Arbitration Agreement is not enforceable because the contract had not been signed by the seller or the buyer at the time of purpose. 2. Get Approved Form- the document that Drive Time sent cfpb is false on the loan application ( enclosed copy ) 1. SSN # is wrong XXXX- my SSN is XXXX 2. Monthly rent is wrong- {$350.00} My rent is {$650.00} 3. Date of Hire and date of Current Employer- XX/XX/XXXX It is XX/XX/XXXX 4. Monthly Gross Pay {$1000.00} My Gross pay is {$1000.00} each month It is very clear that Drive Time falsifying my loan application. Drive Time submitted my financial info to apply for a car loan, and then later find out that the dealer had submitted different ( wrong ) information, theyre committing bank fraud and violating the Credit Repair Organizations Act. The Credit Repair Organizations Act ( " CROA '' ) is Title IV of the Consumer Credit Protection Act Sec 404 Prohibited Practice B ( ii ) to whom the consumer has applied or is applying for an extension of credit ; ( 2 ) make any statement, or counsel or advise any consumer to make any statement, the intended effect of which is to alter the consumer 's identification to prevent the display of the consumer 's credit record, history, or rating for concealing adverse information that is accurate and not obsolete to. ****Drive Time alter my SSN and monthly payment to get approved for the car loan.
( B ) any person -- ( i ) who has extended credit to the consumer ; or ( ii ) to whom the consumer has applied or is applying for an extension of credit ; ( 3 ) make or use any untrue or misleading representation of the services of the credit repair organization ; or ( 4 ) engage, directly or indirectly, in any act, practice, or course of business that constitutes or results in the commission of, or an attempt to commit, a fraud or deception on any person in connection with the offer or sale of the services of the credit repair organization. SEC. 409. CIVIL LIABILITY. ( a ) Liability Established. -- Any person who fails to comply with any provision of this title with respect to any other person shall be liable to such person in an amount equal to the sum of the amounts determined under each of the following paragraphs : ( 1 ) Actual damages. -- The greater of -- ( A ) the amount of any actual damage sustained by such person because of such failure ; or ( B ) any amount paid by the person to the credit repair organization. ( 2 ) Punitive damages. Drive Time has Extorted money and property from me through coercion and intimidation with threats of a repossession of the car. Drive Time knew of the void contract, let me continue to make payments on the vehicle, and then repossessed it. Alabama Code Title 13A. Criminal Code Extortion in the second degree is a Class C felony. 13A-8-15 Extortion by means Section 13A-8-1, constitutes extortion in the second degree. Thus, of the Drive Time acts of fraud and/or misrepresentation, I have suffered substantial actual damages from the seizure of my {$400.00} down payment, the cost of substitute transportation, plus aggravation, humiliation, and distress. I have also suffered other considerable actual damages, including, by example only and without limitation, the loss of the value of the vehicle I tried to purchase from Drive Time, inconvenience, aggravation, humiliation, and other incidental and significant damages which were reasonably foreseeable by the Drive Time. Drive Time knew that all the misrepresentations were false when it made them. They committed the fraud willfully and with deliberate intent. They did so with actual and legal malice to me and without regard to my rights and interests. The two Drive Time employees that forged the signature on this contract was XXXX XXXX XXXX and XXXX XXXX since their name is employees that handled this paper and also with the on the misleading wrong information for the loan application. Titles are SSA - Sales Advisor and Senior Sales Advisor. After all this Drive Time, has taken from a {$400.00} down payment, and since Drive Time would not honor their warranty and {$110.00} for XXXX XXXX program I had to pay {$600.00} for a new Thermostat housing and {$140.00} for a new battery and total of XXXX in car payments -- {$270.00} for 8 months plus the {$40.00} it took to get my belonging out of the car after the repossession, and then took back the car without a signed contract from the me the buyer and then have a Drive Time employee illegally forged my signature on the contract. Much less run false information on a loan application to get me approved *Is this their practice when they say everyone gets approved!!! Drive Time had admitted several times to other agencies that I have contacted them numerous times but my them stating that I was late with payments and that I did send them copies of bank statements but they also said that I was still behind and could never find that I had paid. Now I know they did not want to find it. Drive time has left me without transport for over a year after the repossession and even cause me to miss my aunts grave side services in XXXX, VA the week after the repossession, and now they still are causing me transportation problems, pain, and stress because they have reported this repossession to 3 different credit departments which are making it very difficult to get another vehicle. I have requested three credit bureaus to investigated to have the repossession removed from my report they will not remove it.

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