Consumer complaint received 2022-11-21
Company: Byrider Franchising, LLC
State: OH
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
On XX/XX/XXXX I went into XXXX XXXX XXXX XXXX at XXXX XXXX XXXX XXXX XXXX, Ohio XXXX to purchase a car in which my credit for approval was ran and I was able to get a XXXX XXXX XXXX XXXX. Per my Truth in Lending I was a approved for XXXX with an APR of 22.9 % and the sticker price of the car was XXXX with over XXXX miles. I signed and left with the vehicle after putting down ( cash on deliver ) {$2000.00} with a deferred down payment of {$5000.00} in which was to be paid off within 4 months in which was paid off early in the month of XX/XX/XXXX. I also purchased a power train service XXXX at the price of {$2400.00} on XXXX XXXX, XXXX in hopes that I would have been covered for major and emergency repairs per the advisement of the agencys sells reps which brought my financial charge to a grand total of {$9400.00}. Within XXXX weeks of having the car the check engine light came on and I took it in to be serviced and I lost a job due to the inability to get to work with the car. On or around XXXX the car started to overheat with a repeat of the original symptoms of trans clutch and oil problems which made the car not driveable and it was repaired or so I thought and I lost my second job due to the inability to get to work because of the car in need of major repairs. Around XXXX the car repeated the same symptoms and was found out that the main seal of the engine was in need of repair and it should have been covered under the lower train Warrenty because of the nature of the repair needed which was a power train related item and it was not repaired due to the service XXXX saying that it was not a covered item and a day or so later my XXXX was canceled by the XXXX agent and there were supposed to be a return of the money for the service XXXX and there was a receipt given to me and O was told that I still had to make the make the payment in full and that the money for the return was put towards the interest and principal of the car. On XXXX when I went to make a payment on my car I still havent seen a reflection on the refund of the power train Warrenty and I notice asked for all of my paper work for the car plus including any services preformed and I was not able to get the paper work l of the car and by that time I have lost my XXXX job due to the fact that I continued to have problems getting to work due to the car needing major repairs. I also did the math and concluded that I payed out over {$13000.00} to still have car in needed of major repairs and I became very disappointed and I felt that there has got to be other options. So I decided to look up law and found that there was major mistakes regarding my loan and XXXX in XXXX Statements as well as the price of the car was inflated by double the amount the car was valued at which at the time was only {$7500.00}. Also my FINANCE CHARGE was added to the principal balance and the XXXX reported to XXXX, XXXX and XXXX was at a rate of 26.89 % which was a direct breach of contract per my Truth in Lending. Also I was not informed of my right to cancel the contract with applicable forms to do so. As revealed more inconsistencies within my auto loan and direct violations regarding my rights as a consumer I decided to rescind my contract using 15 USC 1635 SUBSECTIONS A, B, C, E and F and gave them proper notice on XX/XX/XXXX in which was notorized and sent by certified mail to XXXX XXXX. I waited the alloyed 20 days after my action for a return of my security interest and all money paid to them per the law of XXXX5 USC 1635 which was the rules and it has not been received.Upon receipt of the notice I. Which they signed for the company owner of both XXXX AND XXXX gave me a call and made threats that this was a legal matter and I had to have an attorney and I replied with this is legal true indeed but its something well within my scope to exercise because your company has violated my right as a consumer and due to your failure to adhere to the Truth in Lending Statement given to me in XXXX XXXX. Instead they company and financing company recognized my right to rescinded by waiting the 20 days and then soon afterwords tried use creditor remedies after XX/XX/XXXX. First they put another hard inquiry on my credit report as well as tried to repo the car on XXXX, XXXX. The tow truck driver was very aggressive and abrasive and did not adhere to the clauses of Creditor remedies of Subsection D in regards to the truth in lending statement and after the police was called and the guy was made to put my vehicle down and the creditor was called there was only the owner trying to cancel the contract in order to procure the vehicle in question in which I refused because I understand that he was supposed to make a performance in which he, his agents nor any XXXX party associated with the the agency of the creditor made in regards to the cancellation of the contract. He has still since tried to repo the car under the fact that the contract in his eyes still stand in which is inaccurate and very inappropriate. Also they have started to report positively on my credit report but still active trying to reposes the vehicle off of my property located behind another vehicle that I own. I was also told to barracked them car because its a civil matter and law enforcements only job to make sure its civil. Nothing has been civil and the agents of the repo company has not and still refuses to identify theyre self as well as continue to act in a predatory matter in which is still considered a direct violation of my rights as a consumer. The police has been called several times and more so almost every night from XX/XX/XXXX through the XXXX of XXXX due to the fact that theyre trying to procure my vehicle by driving on to my property and ignoring posted signage of private property as well as my rights to protest and protect my abode and members within the structure and property lines of my home. They also have in marked vehicles and unidentified people driving around my home and to see if XXXX home and if I am home they walk onto my property and check my door handles to my home and to the vehicle in question as well as my other vehicle to intimidate and to cause further duress as the police are not on scene and takes their time to get there and is not taking anything serious and me and my children are terrified to XXXX XXXX that I had spend a lot more money on surveillance equipment and not getting any sleep. Which directly is an infragment of my peace and freedom as it comes to my citizenship guaranteed through the UNTIED STATES OF AMERICA, CONSTITUTIONAL RIGHTS AND CIVIL RIGHTS AND CONSUMER RIGHTS.

Company response to consumer: Closed with explanation