Consumer complaint received 2022-05-04
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Problem with fees charged

Complaint:
XXXX XXXX To whom this may concern I the consumer request original contract from you on XX/XX/2022 HOWEVER, I NEVER RECEIVED IT INSTEAD YOU RESPONDED WITH EMAIL WHICH STATED I NEED TO VERIFY MY INFORMATION HOWEVER I RETURNED EMAIL SAYING THAT I AM XXXX XXXX I WAS USING MY EMAIL WHICH IS MY GRANDPA 'S NAME IT WAS SOMETHING I MADE UP FOR AN EMAIL ALONG TIME AGO WHICH HAS NOTHING TO DO WITH THE ISSUE AT HAND JUST BECAUSE THE EMAIL IS NOT MY NAME DOESN'T MEAN THAT IT ISN'T ME SENDING XXXX XXXX EMAILS. I HAVE NOTICE THAT I HAVE BEEN VIOLATED UNDER CFPB LAWS. SO NOW I AM DEMANDING REMEDY. YOU GUYS ALSO KNOW THAT YOUR FRAUDS AND GET OVER ON PEOPLE ...... 

PURSUANT TO 15 U.S. Code 1605 ( a ) - Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge. Does not include charges of a type payable in a comparable cash transaction. I the consumer didnt have to put a down payment to use my extension of credit my finance charge is the only charge that I the consumer should be paying for the use of my credit which was extended to me by ALLY financial. The down payment did not go to XXXX in any way shape or form. So, in other words the down payment did not go toward the price of the vehicle nor was it used the prepay finance charges AND EVEN IF IT DID GO TOWARD ANY OF THOSE CHARGES IT WASN'T REQUIRED WHICH IS WHAT XXXX MISLEAD I THE CONSUMER TO BELIEVE. The down payment also didnt have anything to do with getting an extension of consumer credit. You GUYS LIED YOU MADE IT SEEM LIKE I HAD TO PUT DOWN A PAYMENT IN ORDER TO BE APPROVED FOR A EXTENSION OF MY CONSUMER CREDIT WHEN IN FACT IT HAD NOTING TO DO WITH APPROVAL. IF THIS ISN'T A CAR DEALERSHIP FRAUD, MISLEADING, SWINDLING, AND EXTORTION I DON'T KNOW WHAT IS. 

I THE CONSUMER ALSO NEVER RECEIVED ANY CLEAR AND CONSPICUOUS DISCLOSURE EXPLAINING FINANCE OR ANNUAL PERCENTAGE CHARGES. WHICH IS A REQUIREMENT ACCORDING TO 15USC 1632 ( a ). THIS INFORMATION SHOULD HAVE BEEN PROVIDED ON SEPARATE DOCUMENTS CLEAR AN PLAIN AS DAY NOT HIDDEN IT SHOULD BE SEPARATE FROM ALL OTHER INFORMATION. IN OTHER WORD WHEN THE CLOSING OF THE ALLEGED CAR LOAN. YOU WERE SUPPOSE TO EXPLAIN FINANCE CHARGES ON A SEPARATE PAPER SO THAT IT DIFFERENT FROM OTHER INFORMATION IN CLOSING PACKET. YOU WERE SUPPOSE TO TAKE THIS PAPER OUT OF PACKET AND, FULLY EXPLAIN FINANCE CHARGE CLEAR AN CONSPICUOUS TO ME. HOWEVER YOU GUYS ARE SO BUSY TRYING TO RIP PEOPLE OFF YOU DON'T FOLLOW THIS LAW. YOU ONLY CARE ABOUT GETTING A SIGNATURE ON A CONTRACT AND UNNECESSARY MONEY FROM CONSUMERS. 





PURSUANT TO 15USC1605 ( a ) ( 5 ) -THE FINANCE CHARGE INCLUDES PREMIUM OR OTHER CHARGE FOR ANY GUARANTEE OR INSURANCE PROTECTING THE CREDITOR AGAINST THE OBLIGORS DEFAULT OR OTHER CREDIT LOSS. UNLESS ( 1 ) THE COVERAGE OF THE DEBTOR BY THE INSURANCE IS NOT A FACTOR IN THE APPROVAL BY THE CREDITOR OF THE EXTENSION OF CREDIT, AND THIS FACT IS CLEARLY DISCLOSED IN WRITING TO THE PERSON APPLYING FOR OR OBTAINING THE EXTENSION OF CREDIT ; AND ( 2 ) IN ORDER TO OBTAIN THE INSURANCE IN CONNECTION WITH THE EXTENSION OF CREDIT, THE PERSON TO WHOM THE CREDIT IS EXTENDED MUST GIVE SPECIFIC AFFIRMATIVE WRITTEN INDICATION OF HIS DESIRE TO DO SO AFTER WRITTEN DISCLOSURE TO HIM OF THE COST THEREOF. 15USC1605 ( b ) ( 1 ) ( 2 ).

THIS WAS NOT INCLUDED NOR DISCLOSED TO ME CLEARLY WHICH IS REQUIRED BY LAW.

YOU GUYS KNEW THAT THE INSURANCE OR PREMIUM WAS SUPPOSE TO BE INCLUDED IN THE FINANCE CHARGE YOU WERE SUPPOSE TO LITERATELY ASK ME WHAT COMPANY I WOULD LIKE TO DO BUSINESS WITH SO THAT YOU COULD COLLECT THE PREMIUM INFORMATION ON MY BEHALF AND INCLUDE IT IN THE FINANCE CHARGE.

CFPB LAWS ARE IN PLACE TO PROTECT CONSUMERS FROM THE UNINFORMED USE OF CONSUMER CREDIT, UNFAIR AND ABUSIVE DEBT COLLECTION AN REPORTING PRACTICES. YOU HAVE VIOLATED LAWS OF TRUTH AND LENDING ACT. 

I THE CONSUMER DEMAND THAT YOU MAKE A GOOD FAITH EFFORT TO RETURN THE DOWN PAYMENT OF {$7500.00} BY CASH, CHECK, OR MONEY ORDER. ALSO, PAYMENTS FOR ALL INSURANCE THAT WAS PAYED ONLY BECAUSE YOU MISLEAD I THE CONSUMER. VIA MAIL WITH IN 7 DAYS OF THE RECEIVING OF THIS LETTER.

Company response to consumer: Closed with explanation