Consumer complaint received 2024-06-06
Product: Vehicle loan or lease — Lease
Issue: Getting a loan or lease — Changes in terms mid-deal or after closing
Company: Volvo Car Financial Services U.S., LLC (NY)

In XX/XX/XXXX, I was needing a vehicle. Various Volvo dealerships were advertising special deals and discounts, including for XXXX members. I reached out to Volvo of XXXX, being that it was fairly local and I was interested in a discounted XXXX XXXX XXXX. 

I called the dealer and was told that there is a deal for " XXXX off the car for an XXXX '', so I came to look at the car. The dealer explained that I will be getting a check back in the mail for {$2500.00}. THE XXXX dollars back NOR THE TOTAL PRICE ADJUSTED FOR THE XXXX IN EITHER THE TOTAL NOR THE MONTHLY PAYMENTS was mentioned AT ALL in the lease agreement, which I signed at the dealer, the lease was immediately assigned to VCFS ( Volvo Financial Services ). I WAS ASSURED BY THE SALESMAN THAT THIS DEAL IS A SPECIAL THAT WILL BE APPLIED INTERNALLY TO MY AGREEMENT. The salesman at Volvo of XXXX, an older gentleman with gray hair, Caucasian, medium height and weight, assured me not worry about the XXXX back, it is all worked out. He very clearly told me that the car can easily be returned at six months without penalty AND THAT THE XXXX covered several of the payments for the first 6 months. The monthly payments without the XXXX applied were approx XXXX per month, plus or minus several dollars. XXXX per month was not at all affordable or even approvable based on my income at the time. But with the XXXX applied and being able to easily return the car at six months, the price of the car was very different. 

The salesman very clearly and explicitly told me that this is really a six month limited time deal, the XXXX is part of the agreement, and that these terms apply to my vehicle, which was a blue XXXX XXXX signed for on XX/XX/XXXX License Plate XXXX  XXXX. However, the contract payout was for a much longer period than XXXX months. The salesman was very convincing, and since Volvo was advertising in many places, I took his word. 

I received a check for {$2500.00} in early XXXX, XXXX. I mobile deposited the check on XX/XX/XXXX. 

I fell into default with my car payments around the six month mark. I tried speaking to Volvo Financial Services and mentioned the XXXX back and the six month deal. Volvo Financial Services insisted that there was no early return period, only a trade in option for a new several year lease agreement. They said I absolutely can not turn in the car, I must pay any balance current, plus fees that apply whether I sign for a new car or not. They claimed there is only an upgrade option, no early turn in and never was such an option. It did not matter to them what the dealership told me. 

I had several back and forth issues with Volvo Financial Services. Volvo Financial Services took a lot of time responding to my verification request for any debt. They did not verify any debt after collection attempts until I sent a second letter request. They reported me many times to the credit bureaus, tanking my credit badly. 

My second request for the debt verification was sent in late XX/XX/XXXX, and in the middle of XXXX, I received a letter that seems to have been lagged in mailing time, that deferred my request to " Customer Experience '', a department within VCFS. I thought this meant that my papers were being put together, meaning that no further collection attempts could continue until the debt was verified. I had received a notice from Volvo with the debt collection language that indicates a collection has begun, hence my FDCPA and XXXX  consumer rights were in effect. 

On XX/XX/XXXX, in the evening, my car was repossessed, as I woke up early Sunday morning to find the car gone, but I know the car was present before dark on XX/XX/XXXX, I did not use the car on XX/XX/XXXX at all, and a call to the local precinct on the morning of XX/XX/XXXX determined that the car was repossessed overnight. I did not get an exact time of repossession from the precinct. 

On XX/XX/XXXX, I received mail from Volvo verifying my debt at the SAME time as the repossession notice-SO THEY DID NOT VERIFY MY DEBT BEFORE THEY SEIZED THE CAR XXXX XXXXclearly they backdated the mail, since they legally had to verify my debt BEFORE collection attempts of the vehicle, since the collection process had been initiated by them. 

The papers they sent me claimed that Volvo is " LEGALLY REQUIRED TO REPORT ME TO AGENCIES '' which is simply not true. The contract and all paperwork they provided me in this mailing NEVER mentioned any XXXX adjustment, rebate, check, etc.which is a BREACH OF CONTRACT, DECEPTIVE AND FRAUDULENT CONSUMER PRACTICES. 

I was very perplexed by these inconsistencies, ESPECIALLY since Volvo Financial Services took months to produce my verification request, ONLY AFTER THEY TOOK AWAY THE CAR. 

I was even moreso perplexed because I ONLY ENTERED INTO THE AGREEMENT BECAUSE OF VOLVO OF XXXXXXXX XXXX  TACTICS.BECAUSE OF THIS MY LEASE INDICATES I AGREED TO PAY FULL STICKER PRICE FOR THE VEHICLE WHEN I INFACT WAS NOT SOLD NOR AGREED TO TAKE THE VEHICLE FOR THE FULL STICKER PRICE. 

I went to my bank two days ago, XX/XX/XXXX, to retrieve a copy of the Volvo check on my XX/XX/XXXX statement, which I knew was the XXXX check in the amount of XXXX, but the statement did not have the image of the check, hence I wanted to clarify the issue for my records. 

It turns out that the check came from VOLVO OF XXXX, Check Number XXXX. The check was deposited into my account on XX/XX/XXXX, and the check was dated XX/XX/XXXX. 

I was never told where the check would come from when I got the car, only that it will come from " Volvo '', and at the time I took the car from the dealer and received the check, I was convinced that the dealer was truthful, that Volvo Financial Services is issuing this " special time deal '' together with Volvo car dealers with {$2500.00} back, and a six-month turn in. 

There is clearly A BREACH OF CONTRACT and DECEPTIVE CONSUMER PRACTICES. The XXXX is not mentioned nor adjusted for anywhere in the contract, the XXXX is the only way I was able to afford the car. Now I am concerned that this was a deception on the part of Volvo of XXXX, but I am not sure whether VCFS was involved or not. 

Volvo of XXXX enticed me to buy this car, they assigned my lease to VCFS and despite what Volvo of XXXX informed me, I can not be certain whether or not VCFS ever was aware of the XXXX or if this was simply deceptive practice by Volvo of XXXX, or a form of collaborative consumer deception and unfair debt collection practices, and false advertising. 

Thanks to this issue, my credit is ruined, I have a repossession on my record before I even received verification of the debt, Volvo held MY SECOND REQUEST for over a month sending a delay letter in between while they seized the car. THE DEBT IS NOT EVEN VERIFIED BECAUSE THE XXXX WAS ACCOUNTED FOR NOWHERE IN ANY OF THE PAPERS VOLVO SENT ME, HENCE THE CONTRACT IS NULL AND VOID. 

Both entities have acted in bad faith, whether collaboratively or not. I never would have taken the car for full sticker price, and the adjusted price with the {$2500.00} check conveniently never was accounted for in any paperwork. Please see the check image enclosed. I have also filed an open complaint against VCFS for consumer protection violations on XX/XX/XXXX. I am filing this complaint based on discovery of new information when I saw the check more closely, so I want the CFPB to be informed of the new discovery and the part that Volvo of XXXX played in this issue, whether independent from VCFS or not. 

I have also attached the contract where the {$2500.00} check and adjusted price is never once mentioned, as well as the delaying letter I received shortly before VCFS repossessed my car. 

Thank you for your time.