Consumer complaint received 2021-08-26
Company: FORD MOTOR CREDIT CO.
State: AZ
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
I XXXX XXXX, formerly XXXX XXXX am a victim of a fraudulent XXXX from a car dealership. I was undergoing XXXX XXXX treatment and received a notice from court that I was being sued. I responded to the lawsuit saying I never purchased the vehicle. I was waiting for a court date. I never recd. service to appear in court but then rec 'd. a default judgement. I was still undergoing XXXX XXXX treatment when I rec 'd a notice of garnishment XX/XX/XXXX. I was sued by Ford Motor Credit for a car that I did not purchase from XXXX XXXX in XXXX, XXXX. Ford repossessed the vehicle from whoever had it and sold the vehicle sueing me for the remainder of the balance owed. I visited XXXX XXXX XX/XX/XXXX to look at SUV 's and submitted credit peperwork but ended up leasing a new XXXX around the same day at a XXXX dealership. 2 months later I moved to XXXX. The sales person and internet sales manager who are one and the same are the only individuals on the contract other than my forged signature. The contract was a salespersons dream come true with {$6700.00} in XXXX extended warranties on a XXXX XXXX XXXX  with XXXX miles on it, if I understand XXXX XXXX contracts you are not able to purchase a XXXX on a vehicle the has gone past the 3/36 warranty. The {$1500.00} down payment was deferred. I was never provided the anti packing paperwork as part of the XXXX  Car Buyers Bill of Rights listing all of the optional warranties in the lawsuit paperwork, insurance was never obtained for the vehicle that I am aware of yet the vehicle was allowed to leave the dealership ... ..the " sale '' took place in XXXX with the lawsuit occuring in XXXX ... .the salesperson has disappeared, we can not find him anywhere on the internet. I can only assume they figured out what he was doing and terminated him. I could never find him working for any other car dealership after this. He subsequently opened his own medical billing company out of what appears to have been or is his home but the number is disconnected and I can can not find any other information about him on the internet. If in fact he was terminated for dealership fraud Ford then decided to pursue a bogus lawsuit against me. 

On XX/XX/XXXX a response was recd from Ford Motor Credit for my initial complaint # XXXX. In FMC 's response they state " Ford Credit does not own or operate the dealership. Dealerships are independently owned businesses ''. Per the FTC 's enforcement rules, The Preservation of Consumers Claims and Defenses [ Holder in Due Course Rule ], formally known as the " Trade Regulation Rule Concerning Preservation of Consumers ' Claims and Defenses, '' protects consumers when merchants sell a consumer 's credit contracts to other lenders. Specifically, it preserves consumers ' right to assert the same legal claims and defenses against anyone who purchases the credit contract, as they would have against the seller who originally provided the credit. Per this rule FMC is liable for their dealers conduct. FMC needs to contact XXXX XXXX to figure out how FMC is to be compensated for their loss due to the dealerships fraud. FMC states " it appears she ( XXXX XXXX/XXXX  XXXX ) is the person who signed the contract ... .it appears she may have purchased the vehicle for a third party ''. FMC continues to refer to the only documentation they have which is a XXXX that was forged by one of their dealerships. FMC continues to ignore the fact they do not have any other documentation in regards to the purchase of the vehicle. FMC continues to ignore that {$6700.00} in XXXX extended warranties were sold on a vehicle with XXXX miles on it, far outside the XXXX miles when a XXXX warranty can be purchased. A down payment of {$1500.00} is also not allowed to be defered. FMC does not have any anti packing paperwork that is part of the XXXX  Car Buyers Bill of Rights. There was no proof of insurance ever provided for the vehicle to leave the dealership.

Company response to consumer: Closed with explanation