Consumer complaint received 2019-06-02
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: AZ
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Problem with additional products or services purchased with the loan

Complaint:
/My husband and I went to the XXXX, AZ Nissan dealership because a close friend recommended the owner as an honest businessman. We spent 8hrs at the dealership on XX/XX/XXXX and were assured a loan with 8 % interest and a $ XXXX/mon payment with GAP insurance, a maintenance service contract and extended warranty. We were very upfront about my husband 's situation, including that he had no credit history and was a permanent resident. The owner assured us this was not a problem. We traded in my husband 's car for {$1000.00} reduction of the loan, and paid a {$500.00} cash deposit. We signed the paperwork and left with the new car. 

Three days later we were called back to the dealership by the finance person, XXXX XXXX, and told there was a problem with the paperwork and we had to come back in. We did go back to the dealership on XX/XX/XXXX and XXXX told us that the 8 % deal did not go through and we had to sign a new deal. When I asked why the deal didn't go through he told me it was because my husband had no credit history and was only a resident. I let XXXX know that we had already discussed this a week ago and had been very upfront with them at the time of purchase when were were assured the original deal. XXXX said it didn't matter and this was the circumstance and we had to sign a new transaction. 

This was my husband 's first new car purchase and after driving the car for a week already he was in love with it and wanted to keep it. So my husband agreed and began signing paperwork again. 

As my husband was reviewing the final papers with XXXX, I noticed that the interest rate was now 17.55 %, the GA/P insurance was not listed, nor was the extended warranty, and the monthly payments were over $ 450/mon. At that point I was enraged, told my husband to stop signing, as I was not going to allow him to enter into a bad financial deal. I told XXXX we were NOT taking the car, to give us our trade in back and we would be going elsewhere to purchase a vehicle. 

Then XXXX told me to " hold on '', he would get the owner. The owner came into the room and asked me what the problem was, and I told him that we were promised certain terms, which we signed for and drove away with the car understanding the deal was finalized. That we were NOT okay with the current situation and wanted our car back. The owner told us to leave with the car, he would personally guarantee that the original terms would be met and they would call us back. 

Another 10 days later, on XX/XX/XXXX we went back to the dealership and signed the " final '' papers, that " guaranteed '' our loan with Nissan Finance at 8 %, $ XXXX/mon, and was only supposed to have GAP insurance coverage, with no service contract or extended warranty. When my husband signed the " final '' deal, there was a line listed as " service contract, {$2100.00} '' and when I asked XXXX if that was the GAP insurance, he assured me it was. I asked for a copy of the " final '' paperwork and XXXX told me not to worry about it, they would mail me a copy. 

We were never " mailed a copy ''. 

We made all of our payments to Nissan, often times overpaying to pay down the principal faster. 

On XX/XX/XXXX my husband was hit by another car on his way to work. The accident was severe and I was fairly certain our auto insurance company was going to total the car out, due to the FMV of the vehicle at the time and what it would cost to fix the damages. It was also as I was starting a new job and training, and my husband and I were and are working opposite schedules. 

My husband needed to go to the emergency room as a result of the accident, and I began dealing with our insurance company and dealing with finding a rental vehicle so my husband could continue to work. As I tried to get ahold of Nissan Finance, they were not available after XXXX when I was off work or the weekends. The phone number I was given on my voicemail to call did not allow for a message to be left and just hung up on me. My car insurance claims agent also took a week off for vacation a week into the claim and was unable to be reached. When he returned from vacation and communicated that they were indeed totaling the vehicle, I was again go back in touch with the tow lot to give them an update ( it had been 2 weeks now from the time of the accident and tow ) around XXXX, upon which I was informed that Nissan Finance had just repossessed the vehicle that morning, Friday, XX/XX/XXXX. 

I tried to online chat with a Nissan Finance agent that Friday, XX/XX/XXXX because their department was on CST and already closed, at which time the agent told me he was unable to help me but gave me a phone number that would have a person available to speak with on Saturday, XX/XX/XXXX, XXXX CST. I thanked him and ended the chat. Saturday, XX/XX/XXXX I called the phone number but was shocked to learn it was an 800 #  for XXXX. On Monday, XX/XX/XXXX, I finally was able to get through on my 30min lunch break from work to reach a Nissan Finance person, but was told that my husband would have to call in and give permission for Nissan Finance to speak to me. I hung up, called my husband immediately and asked him to call and do so, which he did. By the time this all happened my lunch break was over. 

I called on Tuesday, XX/XX/XXXX to try and 1 ) find out where the car was physically located so I could relay that information to my car insurance claims adjuster so they could complete their final valuation of the vehicle, and 2 ) to get our personal items out of the vehicle, and 3 ) stop any auction of the car. The Nissan Finance company bounced me back and forth between their total loss department and collections department for 35mins. I had to hang up and go back to work. 

On Wednesday, XXXX, I called back again and had the first representative I spoke with make a note in my husband 's record about the circumstances and asked her to please not bounce me between departments. I was finally given the repo lot company 's name and phone number, but was told they were not able to give me the physical location, I would have to call the lot and get that information myself. I hung up, called the lot and obtained the information and scheduled an appointment for my husband to pick up our personal items from the vehicle. Then returned to work. 

On Thursday, XXXX, I called Nissan again on my lunch break and requested that a GAP claim be initiated because we owed more than what the car insurance company was going to pay for the total loss, and was told that we DID NOT HAVE GAP COVERAGE! The agent sent me an email with an attached file of what they had on record and told me my husband and I would have to go to the dealership and have them update the contract on file to reflect GAP coverage. That night when I got home from work I called the dealership and asked to speak with a person in the finance department. I was given to " XXXX '' ( not sure how to spell his name ). XXXX told me that there was no GAP coverage on record. I told him what happened at the time of purchase and he told me that XXXX no longer worked with them and that the only thing they could do would be to refund the " service contract '' of {$2100.00}, but that my husband had to be the one to do that. 

So Saturday, XX/XX/XXXX, my husband and I went to the XXXX Nissan dealership and asked to speak with the general manager, understanding that we would have to sign some paperwork after requesting the money refunded and be able to leave. We were shown to the GM 's office ( XXXX ). I told him the entire history of the situation, including that his finance person, XXXX, told us to come down to sign papers to request the service contract refund. XXXX told us that he was very sorry, but that XXXX did not work there anymore, he was sympathetic to our situation, but that our records were in physical storage and would have to be pulled for him to look at and verify to see what he could do. I showed him ALL of the original papers that I had kept together from the purchase, including ALL maintenance records on the vehicle since we had only serviced the vehicle at their dealer 's service department. He looked at the papers, but said he would have to look and see what they had in records, even though it was clearly evident that I had all of the carbon copies. He would call me back on Monday and let me know. I told him that my husband and I work opposite schedules and are only able to come together on Saturday mornings to sign papers. 

Monday, XX/XX/XXXX, I was left a voicemail while at work that we indeed did not have GAP insurance and there was nothing the dealer could do. My husband and I went back to the dealership on Saturday, XX/XX/XXXX and again asked to speak with XXXX. I told him, that it was pretty XXXX that he would not stand up and do the right thing because the finance person was no longer an employee, that excuse was flimsy, and that the documents filed in storage were clearly misleading. He said he would have to speak with the owner and see what he could do because it " was his money ''. We left again waiting for another phone call from XXXX. 

We did not receive a phone call, and were unable to go to the dealership on Satuday, XX/XX/XXXX due to a prior obligation, but DID return to the dealership on Monday, XX/XX/XXXX because I had the day off due to the XXXX XXXX holiday. XXXX had another finance person join us this time to explain to me that the GAP wasn't included because a document was in the file that showed it was removed. I had a copy of that document and pointed out to the GM, XXXX, that it was from the XX/XX/XXXX deal that we did NOT accept, which was indicated at the bottom of the record through XXXX 's personal handwriting that also stated " finance rate increased '' as to the reason the GAP was removed. I told him that was not the final deal we signed, because IN FACT, the finance rate did NOT increase, but was at 8 %. I told him even if they were not going to honor the GAP coverage, they needed to refund the {$2100.00} service contract that was clearly outlined on the document. After not returning my GAP document, XXXX, the GM, told me he would have to contact our insurance agent to confirm that they had not cancelled the contract, because insurance agents " do that to decrease the amount they have to pay out for the vehicle ''. When I told the GM that there was no way our insurance agent would have done that because they would have had to have had our permission AND that we had already been to the dealership THREE TIMES trying to cancel the contract ourselves to get the money refunded, the GM said that he wouldn't be able to do anything because it was XXXX XXXX, a holiday, and everything was closed. He promised they would call me back on Tuesday, XX/XX/XXXX with news. 

Tuesday came and went. I called the dealership yesterday, XX/XX/XXXX, but was put through to the GM 's voicemail. I was around XXXX, and I left my phone number and a message asking him to please return my phone call as he promised by the end of the day. 

He did NOT return my call. 

Nissan Finance is now charging us {$1200.00} in fees for repossessing the vehicle and late fees for " missing monthly payments '', even though my car insurance company issued them an over {$7600.00} partial payment for loss settlement. Even IF we agree to pay these RIDICULOUS additional charges, the service contract refund and the final payment from my car insurance company should cover the balance owed on the loan, with an actual refund to my husband. 

ALL I WANT IS THE DEALER TO HONOR THE SERVICE CONTRACT REFUND!!!! I do NOT understand why they are being so dishonest and egregious in this situation. WE WILL NEVER, EVER DO ANOTHER DEAL WITH NISSAN AND WARN EVERYONE TO DO THE SAME.

PLEASE HELP US GET OUR MONEY BACK.

Company response to consumer: Closed with explanation