Consumer complaint received 2018-07-31
Company: DriveTime
State: MD
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Confusing or misleading advertising or marketing

Complaint:
Been an ongoing problem with both XXXX XXXX XXXX and DriveTime. Can't get straight answers from anyone of them. One company says one thing and the next says the total opposite. When I had filed first complaint I had asked for documentation when I I was supposedly told that when I had my other vehicle bought back from them that I wasn't't able to get the 6 plus months of payments back because I had been driving the vehicle and it was for the time I had driven the vehicle and I would only be able to use my original {$600.00} down payment to get into another vehicle. At the time I was fine with that because it was my understanding that the 6 plus months of statements would be reported to the credit bureaus so it wasn't like the 6 months never happened. Come to fine out after signing for my new vehicle I wasn't entitled to the 6 months of payments and that I wasn't going to get my 6 plus months of payment history suited to the credit bureaus hense me getting a higher interest rate on my new vehicle. They dod give me documentation that I agree is my signature that state that they wouldn't report my 6 months of on time payments to the credit bureau but doesn't have any document and they can't produce one that states I was aware of not getting my 6 months of payments either back or put towards my new vehicle. When asking for this document I was told that it was a verbal agreement hence they didn't need a document for this. SO next issue is they said they had audio of me agree to this verbal agreement and upon asking for it said I couldn't get it. So Getting royally screwed. I didn't sell myself a lemon they did. It has been an ongoing fight for the past 6 plus months. I was offered a reimbursement check form DriveTime ( I know now ) for Tint to be reapplied to my new Vehicle and for floor mats not given to me on my new vehicle. I had declined the Floor Mat reimbursement because was a waste of time for something I had already purchased while fighting them over my other issues. When I was sent my reimbursement check I was promised it was to be delivered before I had to leave out of town on business and I would really need it so I would have money for my business trip. It happened to fall on the week I had to make a payment to them and had threatened them I wouldn't pay it until I had my check in hand. Lucky I did pay it but at a cost to me on my business trip. I have never missed a payment and that one included but my check didn't arrive until Monday after I had already left out of town on business. When I contacted them back after getting back on business, that is when I had found out the reason it was late was because DriveTime had been dragging their feet. I had given them the allotted time of two weeks but to me it was done out of embarrassment and so things be done on their terms not mine. I am fed up with how they are doing business and are doing nothing but hurting me and future business with them. I am a customer of good standing and I am being treated like this? Same company that was fined by you all couple of years back for over {$6.00} XXXX dollars you would thing they would have learned there lesson but apparently not. They also ended up contacting me at the end of business day last Friday to let me know there isn't anything else they could possibly do to help me out any further. The person I had spoken to last in the DriveTime customer relations department after telling me we had a verbal agreement and I had asked for a copy of set conversation which Im not denying was said but needed for my records so If I was to get a lawyer involved would do it for me. So this is how its going to be I guess. I have 6 years of payments to them to pay my vehicle off and will complain until my voice is heard and get whats mine. I want my 6 months of payments back because like I had stated I didn't sell myself a lemon they did. I have also filed a complaint with the Maryland State Police Safety Enforcement Division to have there license revoked for selling a lemon vehicle and basically having a vehicle pencil whipped for an inspection which in any state is a big no no. Upon my own research because at the moment I can't afford an attorney in the State of Maryland, it is called Statue of Frauds where a verbal agreement of over {$500.00} is to be in written format not just formal so I believe I'm entitled to my money back now. With companies are blaming the other one for these issues and I don't care just want my money back fo r my hassles.

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