Consumer complaint received 2020-12-19
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: NC
Product: Debt collection
Sub-product: Auto debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
On XX/XX/XXXX, I contacted to request a deferment on my auto loan payment because I was out of work at the time. Initially, I only asked to defer one payment, which would have been the payment due on XX/XX/XXXX. The gentleman I spoke with asked if I would like to defer two payments. I was not aware that this was even an option. I agreed to the two-month deferment which would have moved XXXX and XXXX payments to the end of the loan. My next scheduled payment would have been XX/XX/XXXX. 

Only one month was deferred. My father, who is also on the loan, began receiving phone calls to make the payment and was informed that if he did not his credit would be impacted. On XX/XX/XXXX my father received a call and set a payment for the same day. 
Even after the payment arrangement was made, he still received calls later that day from collectors at NMAC to make a payment. Being that a payment should not have been due until XX/XX/XXXX, this should have covered the XXXX payment. I contacted NMAC on XX/XX/XXXX to check on the status of the account and requested to speak with a supervisor. No one was available at the time of the call and I was advised that a supervisor would call me back. I got a call back from XXXX on XX/XX/XXXX at XXXX XXXX. I was not available and I called back on XX/XX/XXXX at XXXX XXXX  and spoke with a very arrogant individual by the name of XXXX who stated he was a supervisor. During this conversation, XXXX stated that the company can not process an extension/deferment for two consecutive months. This was not explained to me on the call on XX/XX/XXXX when the representative of NMAC asked me if I would like to defer two months when I only asked to defer one initially. He then stated that I would have to complete documents for a " regular '' deferment since I have gone back to work. The deferment I received back in XXXX was a " FEMA deferment ''. I asked if it could not be processed since I was out of work at the time of the request. He said no. I also requested to have the XXXX payment deferred as agreed on XX/XX/XXXX, apply the XX/XX/XXXX payment to the XX/XX/XXXX payment, remove the {$6.00} late fee that was applied to the company 's error and recalculate the XX/XX/XXXX payment to ensure the principle and interest was calculated correctly based on when the payment was made. XXXX told me that the can not be done. I then requested to speak with XXXX 's supervisor. He told me that there was no one else that I could speak with. There was no one there in a higher position than his that will take phone calls and I would have to submit a complaint by writing a letter only. He provided the mailing address and confirmed that he would mail the forms for the " regular '' deferment to my address on file. I also requested that I do not receive calls on the automatic dialing system. XXXX stated that I would have to request a cease and desist because calls are not made without the auto-dialing system, even though I had received a call on XX/XX/XXXX from XXXX which was a manual call. Also, the extension documents were never sent. 

I wrote a letter to the company and mailed it on XX/XX/XXXX. The letter is attached to this request. I received correspondence back from NMAC dated XX/XX/XXXX which stated " Unfortunately we are unable to process your request at this time and the payment ( s ) you requested to be extended are still due. '' In the letter sent on XX/XX/XXXX, I requested a cease and desist. Since then my father and I have received NUMEROUS calls. My father even receives multiple calls per day to collect on the account. I have also counted a total of 7 calls where the mini-Miranda, which is mandatory in the state of NC, was not stated. 

My father received a call on XX/XX/XXXX from NMAC. I happened to be with him at the time. I spoke with XXXX. At this time she offered to process a two-month deferment with no documents involved. She confirmed on the call that two months can be deferred at once. XXXX, a supervisor at NMAC, told me otherwise. If this was the case this issue could have been resolved back in XXXX when I brought this issue to the attention of the company. I asked XXXX if the rest of the account and payments can be corrected also to apply the principle and interest payments correctly. She stated that she can not make those adjustments but she can defer two months to cover the XXXX and XXXX payments and the next payment would not be due until XX/XX/XXXX. I declined because ultimately pushing the XXXX and XXXX payments to the end of the loan will not resolve the other issues on the account. I really, really need help with this matter. This has been going on now for 7 months and NMAC refuses to take responsibility and correct their error and misinformation.

Company response to consumer: Closed with monetary relief