Consumer complaint received 2021-09-17
Company: American Credit Acceptance, LLC
State: NV
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I entered a consumer credit transaction with XXXX XXXX XXXX XXXX XXXX, XXXX on XX/XX/XXXX. A completed application with my personal information, my drivers license, and my social security number which is my credit card pursuant to 15 USC 1602 ( l ) was required to acquire a XXXX XXXX  XXXX XXXX. That same day XXXX XXXX XXXX XXXX XXXX, XXXX knowingly used my completed application, furnished a fictitious contract, and sold it to AMERICAN CREDIT ACCEPTANCE without my written or oral consent. Since then, AMERICAN CREDIT ACCEPTANCE has used the fictitious contract to fraudulently collect an alleged from me. I sent AMERICAN CREDIT ACCEPTANCE a Cease-and-Desist Order ( Green receipt # XXXX XXXX XXXX XXXX XXXX ) in XXXX of XXXX after my property was unlawfully repossessed in XXXX of XXXX and I became aware of their deceptive debt collection practices. AMERICAN CREDIT ACCEPTANCE did not respond to the letters I sent, but they responded to a complaint I submitted. In their response they admitted that XXXX assigned the contract to them and denied all my claims, stated that they will cease calls only, stated that I still owe the alleged debt and attached the contract and all cash payments they have taken from me. After reviewing the attachments, I sent a second Cease-and-Desist Order with a debt validation letter pursuant to 15 USC 1692g ( a ) attached on XX/XX/XXXX ( green receipt # XXXX XXXX XXXX XXXX XXXX ). In my Cease-and-Desist Order I demanded AMERICAN CREDIT ACCEPTANCE respond to the attached debt validation letter with any and all exhibits, cease any and all payment collections for this alleged debt, and cease any and all attempts of repossession. AMERICAN CREDIT ACCEPTANCE confirmed they received both letters by placing stamps on them dated XX/XX/XXXX, and they responded via mail on XX/XX/XXXX, by sending a response letter stating they believe they have enclosed all relevant records which establish the existence and validity of the debt and its assignment to AMERICAN CREDIT ACCEPTANCE. They also sent back the documents I originally sent stamped and dated XX/XX/XXXX, the completed credit application I submitted with XXXX that they were not present for, the fictitious contract that XXXX illegally sold to them, and a 2-page list of cash payments they took from me since XX/XX/XXXX. Also, since then, they have continued to use false and deceptive debt collection practices to harass, oppress, and abuse me and my family for payment towards the alleged debt. They have ignored my demands and continue to contact me as well as shared my information to multiple third-party companies without my consent. On XX/XX/XXXX, a third party sent on behalf of AMERICAN CREDIT ACCEPTANCE tried to unlawfully repossess my property for a second time while my family was inside of the vehicle. The third party embarrassed me and my family outside of a XXXX parking lot by hooking our vehicle up to their tow truck, causing a disturbance, making threats towards me and my family, and calling the police on us because we refused to exit the vehicle. This violates the Cease-and-Desist Order I sent on XX/XX/XXXX demanding that AMERICAN CREDIT ACCEPTANCE cease any and all attempts of collection/communication and any and all attempts of repossession. On XX/XX/XXXX, another third party sent on behalf of AMERICAN CREDIT ACCEPTANCE showed up at my location at an inconvenient time, did not state who they were, had all my personal information and threatened to repossess my property. My spouse let the agent know that he will not allow for repossession because it is unlawful and that the agent is in violation of federal law for communicating after numerous Cease and Desist Orders were sent to AMERICAN CREDIT ACCEPTANCE. After several attempts of unlawful repossession and realizing I was refusing to give up my property and that they have violated federal law, on XX/XX/XXXX, AMERICAN CREDIT ACCEPTANCE suddenly removed their tradeline from my consumer reports. Deletion is admission. I have demanded for AMERICAN CREDIT ACCEPTANCE to send validation pursuant to 15 USC 1692g ( a ), to provide proof that I in fact am obligated to pay them the alleged debt. They have only provided the contract which has false, misleading, and deceptive information listed throughout and has no benefit to me as a consumer. Pursuant to Federal law this makes the contract null and void. After AMERICAN CREDIT ACCEPTANCE failed to send validation, any documentary evidence pursuant to 15 USC 49, and continued to harass and abuse me and my family I sent them a third Cease and Desist Order with an Affidavit of Truth, exhibits to support all facts that I stated in my Affidavit of Truth, and an invoice Bill of Particulars via certified mail with green receipt # XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX. In my Cease and Desist I demanded that AMERICAN CREDIT ACCEPTANCE grant me my title lien free and pay the attached invoice Bill of Particulars for violating me under the FDCPA. I received a response from AMERICAN CREDIT ACCEPTANCE via mail on XX/XX/XXXX, with a letter dated XX/XX/XXXX, stating they removed their tradeline from 4 consumer reporting agencies and my Cease-and-Desist Order stamped with the date they received it. Unfortunately, they are still in violation of the FDCPA because they were served a Cease and Desist and confirmed they received it. The FDCPA states in 15 USC 1692c ( c ) that when a debt collector receives a Cease-and-Desist Order they may only contact or communicate with the consumer to state that their further efforts of collection are being terminated and they are invoking the specified remedy the consumer demanded. On XX/XX/XXXX, I sent AMERICAN CREDIT ACCEPTANCE a Notice of Fault and Opportunity to Cure, a fourth Cease and Desist Order, a second Affidavit of Truth, exhibits proving all facts I stated in my Affidavit of Truth including new ones showing how they have violated me again, another invoice Bill of Particulars with new violations and late fees, and copies of all the documents I previously sent on XX/XX/XXXX. In my Cease-and-Desist Order I demanded that AMERICAN CREDIT ACCEPTANCE grant me my title lien free and pay the attached invoice Bill of Particulars. I did not enter a credit transaction with AMERICAN CREDIT ACCEPTANCE and for the past 4 years they have continued to coerce me into paying on a debt that I do not owe them, harass, oppress, and abuse me and my family, caused us emotional damage, defamed my character, harmed my credit worthiness and reputation, and knowingly committed unauthorize use of my credit card, fraud, and aggravated identity theft by taking payments from me, mislead me to think I had contractual obligation to pay them, and furnishing information on my consumer reports without any of my consent. This matter needs to be resolved immediately and I am demanding that AMERICAN CREDIT ACCEPTANCE be held liable for violating me and ignoring the damage I have stated and proved that they have caused me and my family. I have given them plenty of chances to resolve this matter and instead they continue to ignore my demands.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation