Consumer complaint received 2018-10-18
Company: CREDIT ACCEPTANCE CORPORATION
State: CA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Problem related to refinancing

Complaint:
XX/XX/2018 XXXX XXXX  est Called Credit Acceptance regarding struggles with car payment. 
Inquired about options available and what I can do. Representative said I can do a " Voluntary Surrender '' Rep. said they pick up the car, sell at auction, $ from sale will go towards my balance. If it pays off my loan then I don't owe them, if the sale does not pay the balance I am responsible for it. I agreed to this option, as there were no other options provided to me by the rep. Furthermore the rep. asked me if the co-owner that is also on the auto loan contract agree with the " Voluntary Surrender '' I said yes ( rep. never asked to speak to the co-owner ) Rep. also explained that they will be calling me the following weak to arrange to have the car picked up! 
I called back a couple of hours later to make sure that the automatic payment was stopped since I was giving back the car. The rep. that answered said no it hadn't been canceled but that she would cancel it. I also asked if it was set in their system for my car to be picked up and she said " yes ''. 
XX/XX/XXXX I went to my car to clean in out but, the car was gone! I proceeded to call Credit Acceptance but they were closed however, there was a recording saying " if your car has been repossessed and you want to make a payment '' I now realized that this solution was a very bad solution. Monday was a holiday and they were closed. Wednesday XX/XX/XXXX I received a notice of seizure and personal property inventory in the mail from XXXX XXXX XXXX stating that they on behalf of credit acceptance they have repossessed my car and should I want any of my possessions I would have to pay a storage fee starting at {$70.00} a day.Immediately I called Credit Acceptance and spoke to 3 different reps. with one of the reps. saying that the very first rep. should have to about other options such as deferment, selling the car, and refinancing. However, nothing was resolved between this phone call and the 3 different reps. 
I contacted the XXXX XXXX XXXX and filed a complaint ID XXXX. I received a response via the USPS mail approximately 7 days later dated XX/XX/XXXX. The letter states that the Rep. explained what voluntary surrender was and that the tow company Summary of facts 1. Credit Acceptance Representative DID NOT explain what is all involved with " Voluntary Surrendor '' A. Show 's as a repossession B. Loan goes into default C. Negative impact on credit 2. Rep. DID NOT ask to speak to co-owner of vehicle. Rep. asked me if co-owner agrees with the surrender I said yes However, co-owner does not.

3. Rep. said that someone will be calling next weak to arrange to pick up car. Car was towed on XX/XX/2018. There were NO MISSED CALLS on my phone nor does my phone call records reflect any incoming calls. Moreover the letter from Credit Acceptance states that the tow company tried to contact me and this is simply not true.

4. Unable to retrieve personal items from my vehicle as I do not have the money to do so. 
I am sending this complaint to you in the hope that this can be resolved in a timely positive manner

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