Consumer complaint received 2023-02-24
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: TN
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
My name is XXXX XXXX Loan Agreement with Nissan Motor Acceptance on XX/XX/XXXX. 
I was billed erroneous past due balances that were not mathematically possible My payoff amount increased I was reported 30 days late and 60 days late to Credit Bureaus. I was in process of investigating Billing error, I reported it. I was told it was resolved. I found out I needed to send in writing, and was not given this information by Nissan. The billing error was made of XX/XX/XXXX and vehicle was illegally repoed XX/XX/XXXX with no notice before 60 days were passed with billing error issue. Personal belongings were withheld. Details below : Paid 11 months with no issue. XX/XX/XXXX Billing summary states : BILLING SUMMARY RetailStatement Date : XX/XX/XXXX Current Payment Due : {$1200.00} Past Due payment : {$0.00} Late Fees : {$0.00} Miscellaneous Fees : {$0.00} Total Amount Due : {$1200.00} Due Date : XX/XX/XXXX Payoff Amount : {$61000.00} Payoff Amount Good Until : XX/XX/XXXX XXXX. Payment - Thank You! {$1200.00} XXXX statement is as follows : RetailStatement Date : XX/XX/XXXX Current Payment Due : {$1200.00} Past Due payment : {$2400.00} Late Fees : {$10.00} Miscellaneous Fees : {$40.00} Total Amount Due : {$3700.00} Due XXXX Payoff Amount : {$62000.00} XX/XX/XXXX. Payment - Thank you! {$1200.00} There is an obvious issue. The past due amount indicate 2 payments are past when the previous statement clearly states 0. There is a payment recognized on XX/XX/XXXX. And even if it hadn't been paid on time, the past due amount would have been {$1200.00}, also the payoff amount increased. When I noticed this I called and I was not told anything other than to make my payments online or I can mail them. And it would resolve the issue. But then the amount showing due for XXXX was {$3700.00} on the online payment system that I use and it would not allow me to pay the actual {$1200.00} that would have been due it would only accept payment for total amount listed. So I reluctantly paid this erroneous amount and called again. With very little results. I then received XXXX statement : BILLING SUMMARY RetailStatement Date : XX/XX/XXXX Current Payment Due : {$1200.00} Past Due payment : {$3600.00} Late Fees : {$20.00} Miscellaneous Fees : {$40.00} Total Amount Due : {$4900.00} Due Date : XX/XX/XXXX Payoff Amount : {$62000.00} XX/XX/XXXX. Payment Thank You! {$3700.00} Clearly, this is not deducting my payments when populating due amount although they are clearly noted on the statement. Also, there is an additional payment that could not mathematically add up to be what I owe and my payoff amount increases. I called these people and spend 2 days trying to get somewhere. I was eventually told it was resolved. I told them I saw online that I was supposed to send this in writing and that I was going to do that. And XX/XX/XXXX just a few days later, I was startled awake at about XXXX XXXX by the tow alarm on my truck. Before I could get outside it was gone, no sign of anything. I called the police they told me a Repo was ordered from the dealership. And that XXXX XXXX XXXX was the outfit that took my vehicle along with many very important personal belongings. I went straight to tow faculty and no one was there. No answer on their numbers. The following day again there was no one there. The hours indicated they should be open. I called 2 numbers listed and the owner answered and said that he was not sending anyone to let me get my personal items. That I had to pay fees and get the keys and even then I had to call the dealership. I did. They didn't not help me. I called the police, they did not help me. I had to wait over a week and found someone working there and after a long conversation and giving them my keys, I got my personal items, including the ones missing from the vehicle and the tags that were removed. 
This was an illegal repo, they are guilty of theft. And Later I got a demand letter stating that I needed to pay {$28000.00} deficiency balance. No explanation as to what that amount was. I tried to tell the Nissan people that they didn't give me the 60 days to send billing error in writing and they were unhelpful. 
Later I received letter itemized type bill for XXXX that I am being told to pay. Indicates my vehicle was sold for {$34000.00} about XXXX  below XXXX. And the net balance due was the increased payoff amount from XX/XX/XXXX statement. Towing fees and vehicle prep added. No Gap refund or information, I am not sure why this wouldn't be covered under theft. And my unearned extended warranty money was not returned. 

I am just trying to figure out what I can do about this. I see that they were just ruled against for this very thing. I find where their executives were not reporting millions in income. I see that they were told to do quarterly checks to ensure their illegal towing had stopped. I found that I was supposed to have 60 days to submit billing error in writing and they repoed about 17 days early by the billing statements. The first mention of a past due amount was on XX/XX/XXXX but it was reported to the credit bureau that XXXX was 30 late and XXXX  60 days late. XXXX statement has no such claim. XX/XX/XXXX is first error noticed it was XXXX when the truck was stolen. Now there are other issues but This is what I am reporting right now. 

Error on billing statement, unhelpful when called, illegal repo and withholding personal belongings. Truck sold and I was not notified or called or the error was not investigated or followed up on. And I was sent a bill. Basically, asking me to pay over {$45000.00} for a truck I do not have, that was stolen, that the Gap I purchased should pay off. This is just their bad practice and someone wanted to make a quick buck and try to ruin my life. I am a XXXX XXXX I commute 2-4 hours from home to go where the need is great for XXXX  XXXX I luckily have another car. I don't know what I would have done had I not. I work very long hours and take little time off and I work night shift so it is challenging for me to sit down and Learn all of this and what to do. 

These people need to go to XXXX. I didn't know where to turn at first. I still don't know if I need to sue them in court. I want Nissan to remove this debt and cease any further demands. I want Nissan to replace my vehicle with THE VEHICLE OF MY CHOOSING. Not a XXXX since the park position doesn't work. I will never be seen in a XXXX again. Or be associated with those pukes. I want my credit report updated and cleared. And I want every penny of my money returned. Along with the XXXX they were going to steal from me. Essentially, they wanted to take $ 45000+ dollars From me, and take my truck. leave me with nothing but this debt. So there is no reason why they should not replace my vehicle, return my money and the money they expected me to give them. And They need to pay for each day I have done without it. Finally, I have spend countless hours studying on how to resolve this and The stress it has caused me is sickening. Someone needs to go to XXXX. This is theft at every angle. They need to be more harshly reprimanded since this is after they have just been penalized for stealing hundreds of other peoples cars. Hundreds?!! 

Please email or message me with plan and progress on this situation. Thank you for your time and attention. 

XXXX XXXX XXXX XXXX Email : XXXX I have copies of my statements I can send. Please let me know what I can do to help in this situation.

Company response to consumer: Closed with explanation