Consumer complaint received 2022-03-11
Company: CREDIT ACCEPTANCE CORPORATION
State: FL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
This complaint is on the behalf of Credit Acceptance Corp Illegal Auto Repossession where they ignored my notarized affidavit of billing error. They are conducting fraudulent business and they unlawfully repossessed my car on XX/XX/XXXX. I when I mailed out Registered Mail Documentation with signature required return receipt XXXX XXXX. The document hasnt been delivered as of today XXXX XXXX. 


On XX/XX/XXXX a notary republic mailed out a notice to Credit Acceptance Corporation to their Credit Dispute Team. A notarized AFFIDAVIT OF NOTICE OF BILLING ERROR, OPPORTUNITY TO CURE- 12 CFR 1026.13 and 1026.13 ( a ) ( 6 ). For the endorsed remittance ( special deposit instructions ) I sent into the company my payment on XX/XX/XXXX for the amount of {$430.00} and in the billing error notice I also requested documented evidence 12 CFR 1026.13 ( 6 ), which the company received and signed the domestic return receipt for it ( there was a postal investigation conducted because seems that every time I mailed something into the company it never shows up as delivered so I spoke with a supervisor he reassured me their system showed it was delivered to the companies address and that is why I received my domestic return receipt ending XXXX ) *postal rule* and they ignored my notice because my notary republic never received anything on my behalf. I also sent the noticed to the dealership XXXX XXXX XXXX too because Mr. XXXX XXXX is the one who sold the contract to the bank Credit Acceptance Corp. Which I have two inquiries from Credit Acceptance Corp XX/XX/XXXX which I was approved for the XXXX I applied for and one from XXXX XXXX XXXX XXXX XXXX which I didnt authorize and I was already approved for loan on XXXX XXXX. 
In - AFFIDAVIT OF NOTICE OF BILLING ERROR NOTICE AND REQUEST FOR EVIDENCE -12 CFR 1026.13 -- Billing error resolution ; Requests of additional clarification, including documentary evidence ; I offered them the opportunity to fix the fraudulent acts because XXXX XXXX XXXX never gave me nor disclose 1026.23 RIGHT OF RESCISSION 15 U.S.C 1635 Nor did Credit Acceptance Corporation disclose this option to me nor did they educate me on my options for it. They never spoke to me about TRUTH IN LENDING because if they did I wouldve known right then and there that the finance charge was the sum of all charges and I wouldve never paid a {$4000.00} down payment 7 CFR 1436.10 ( c ) nor would I be responsible to have to pay them monthly because the car was prepaid once they used my social security card. I never knew my rights as the consumer and the original creditor at the time of the deal, both companies took advantage of me. Credit Acceptance Corp sent me documents to sign week after I got the car and drove off the lot they never disclose this information to me during the transaction, Mr. XXXX XXXX had me sign one document at his office and that was it, I never seen or was told about the Truth In Lending Act. I applied and was approved for XXXX XXXX XX/XX/XXXX but he didnt want to sell it to me once he met me at the dealership, and had me leave in a XXXX XXXX XXXX instead XXXX He told me the car wasnt in good condition to drive after we had a long interaction on applying for that XXXX and being approved for it. So why would you tell me to apply for financing? These billing errors may be assumed to be a willfully intent on misleading and or deceiving me of the character/ amount of any debt 15 USC 1692e.

I was also made to pay out of pocket {$300.00} for tilting and license and registration when in fact that was suppose to be included in the advertisement price and with the down payment. 

All debt obligations and securities are owed to the United States 18 U.S.C 8. Do NOT hinder nor delay returning my goods and returning back every payment I made out of pocket monthly : {$200.00} along with the double payments I made plus the taxes, fees and {$4000.00} down payment. Send it back to me in the form of lawful currency.

I received a call and a text after sending these letters out from a number ( XXXX ) XXXX, I asked who is this I received a texted that stated Hi- calling about your recent letter to credit Acceptance. Reaching out to discuss your request. Do you have time for a call? I texted back an asked whoever it was to remove me from this call/text list because I never gave permission to be called nor text. I have a XXXX and the messages came from XXXX user. So someone used their personal number to contact me in reference to the letter but in my billing error affidavit I clearly stated to send all correspondence to my notary republic and I never listed my contact as a form of correspondence ; I listed the notary republic address. We never received anything from either company. The affidavit L also stated that they either return me my money ( down payment and ALL payments made out of packet or if the company corrected the fraudulent deal Id release the car BUT only if they abide by the conditions listed in the affidavit which was to restore the fraudulent reports and return all of my money etc I waited for a response and received nothing. To top off the fraud the name of the contract isnt mine ; but yet Credit Acceptance Corp sends my remittance to me in my name monthly they send it to my correct name not the name on the loan. I learned this when I request the loan documents in XX/XX/XXXX it has a name that isnt mine on it. 


XX/XX/XXXX I send out another Registered mail notarized document to the CFO XXXX XXXX who in fact is the fiduciary, of my XXXX XXXX XXXX. As I was waiting for my registered mail correspondence to reach the company I was doing my homework and learned the laws ; that besides the fact that they didnt disclosed to me the Truth In Lending 15 U.S.C. 1605 ( C ) states that insurance was suppose to be included in the transaction and also learning that no cash was suppose to be involved ; the down payment {$4000.00}. I also learned that the monthly statements they were sending me my remittances in a positive the amount was never negative. I had to remit them and return them back to them special endorsed ; Credit Acceptance Corp is accepting and keeping the endorsed Remittance Transfers but arent applying them to the account nor are they disclosing how they want them endorsed if i am endorsing them wrong. They are embezzling and money laundering. They were having me pay them on the front end ( out of pocket ) and they also collected the funds from the back end from the Treasury. Once they used my Social security number they agreed to the trustee/fiduciary role. As I waited for my mail to deliver to them ( registered mail no. XXXX ) with no warning Credit Acceptance Corp repossessed my car. 

IRS has the full definition of what a Fiduciary role is and their obligations to the beneficiary ( ME ). XXXX XXXXfiduciary and Credit Acceptance Corp Trustee/ obligor are to do what benefits the beneficiary not steal and commit trust fraud and repossess my paid vehicle from me. 

I also have a UCC-1 financial filing which is filed with the Secretary of State of XXXX and with XXXX XXXX XXXX too , filing number is XXXX XXXX XXXX  & filing number XXXX with a large sum certain amount over this account/vin number ( which I can provide the photos ) Fact, The Truth in Lending Act is intended to inform consumers about the cost of credit. 

Fact, The Truth in Lending Act is intended to protect consumers against abuse and deceit by creditors and I have been abused and deceived so be it. 

Fact, Affiant ( ME ) is aware and has proof in attachment labeled as exhibit A that Credit Acceptance Corp and XXXX XXXX of XXXX XXXX XXXX is in violation of 15 USC 1605 ( a ) ( c ). This transaction included a finance charge and the finance charge is suppose to include insurance which protects the creditor against the obligors loss, and or property damage. Credit Acceptance Corp nor XXXX XXXX XXXX did not include my insurance in my finance charge. 

Fact, Affiant is aware and has proof in attachment labeled as exhibit A that Credit Acceptance Corp and XXXX XXXX of XXXX XXXX XXXX is violation of 15 USC 1605. A finance charge is the sum if all charges in a consumer credit transaction and it does not include cash. Credit Acceptance Corp and XXXX XXXX XXXX in fact took cash as shown in attachment labelled Exhibit A : Itemization of amount financed & Exhibit B : Retail Installment Contract and Security agreement Fact, Affiant ( ME ) is aware and has proof in attachment labelled as Exhibit A & Exhibit B that Credit Acceptance Corp is in violation of 15 U.S.C. 1611. Credit Acceptance Corp and XXXX XXXX XXXX willfully and knowingly failed to provide/disclose information required under the provisions of 15 U.S.C. 1601. They are now civilly and criminally liable.

I will also be filing a FTC report, a tort claim with the IRS along with sending one to the Department of Treasury ; I will be sending copies of the endorsed remittances that has been mailed out to the company and along with all other evidence of fraud and this complaint and if i have to sue i will.

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