Consumer complaint received 2022-12-15
Company: DriveTime
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Problem with fees charged

Complaint:
Company violated many laws and codes on XX/XX/2022. 

Under 15 U.S. Code 1605- 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 are aware that DriveTime Car Sales Company LLC , dba Drivetime, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX as the XXXX  XXXX XXXX this right as shown in Exhibit ( W ) as the finance charge is not the sum of all charges.

DriveTime Car Sales Company LLC, dba Drivetime, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX, as the Indenture Trustee, shall also know that Examples of charges which are included in the finance charge include any of the following types of charges which are applicable as stated Pursuant to 15 U.S. Code 1605 ( c ) Property damage and liability insurance premiums included in finance charge, charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge and are aware that you are in violation as this was not included in the finance charge.

You are also in violation of 15 U.S. Code 1605 ( a ) The finance charge does not include charges of a type payable in a comparable cash transaction.

DriveTime Car Sales Company LLC, dba Drivetime, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX, as the XXXX XXXX shall also know that the term debt defined under 15 U.S. Code 1692a ( 5 ) comprehensively states that it means any alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes.

Pursuant to 15 U.S. Code 1692 ( 6 ) which states that a debt collector is any person who uses any instrumentality of interstate commerce via mail and is engaged in the principal purpose of collecting debt which you are attempting to do by communicating with me without my prior consent in direct violation of 15 U.S. Code 1692c ( a ) ( 1 ) ; 15 U.S. Code 1692e ( 2 ) ( A ) by giving false representation of the amount of debt allegedly owed and the false representation or deceptive means to attempt to collect any debt Pursuant to 15 U.S. Code 1692e ( 10 ) ; : 15 U.S. Code 1666 ( d ) - TREATMENT OF CREDIT BALANCE - Govinfo.gov Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number.

15 U.S. Code 1666 ( e ) - EFFECTIVE NONCOMPLIANCE WITH REQUIREMENTS BY CREDITOR - Govinfo.gov Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}.

12 CFR 1026.13 ( e ) ( 1 ) ( 2 ) - PROCEDURES IF BILLING ERROR OCCURED 1 ) Correct the billing error and credit the consumers account with any disputed amount and related finance or other charges, as applicable ; and ( 2 ) Mail or deliver AS ASSERTED - Govinfo.gov 12 CFR 1693m - CIVIL LIABILITY - Govinfo.gov Individual or class action for damages ; amount of award Except as otherwise provided by this section and section 1693h of this title, any person who fails to comply with any provision of this subchapter with respect to any consumer, except for an error resolved in accordance with section 1693f of this title, is liable to such consumer in an amount equal to the sum of ( 1 ) any actual damage sustained by such consumer as a result of such failure ; ( 2 ) ( A ) in the case of an individual action, an amount not less than {$100.00} nor greater than {$1000.00} ; 15 U.S Code 1635 ( b ) -RIGHT TO RESCIND AND KEEP PROPERTY-Legal Information Institute RETURN OF MONEY OR PROPERTY FOLLOWING RESCISSION When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, down payment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it

Company response to consumer: Closed with explanation