Consumer complaint received 2024-08-08
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Changes in terms mid-deal or after closing
Company: Gillman Interests, Inc. (TX)

on XX/XX/XXXX I purchased a XXXX XXXX XXXX priced at XXXX including sales tax from XXXX XXXX XXXX XXXX XXXX with a XXXX down payment set to do further business with XXXX XXXX. The contract included a service contract of XXXX with XX/XX/XXXXand also a debt cancellation agreement. I purchased my personal insurance and the contract was signed and the vehicle was driven away at XXXX miles. 

on XX/XX/XXXX I received a voicemail from XXXX a finance XXXX, ( that I've been made aware of, he's no longer employed at the dealership ) stating that the deal with XXXX XXXX fell through and I must return the car immediately. I called him back to gather more details and was told to bring the car back immediately, or he was calling the police. I informed him that I had no problem bringing the car back, but I was more than XXXX away from the dealership at the moment and he called me within an hr of closing. I could return the vehicle first thing in the morning. I also asked how do we process the refund of down payment. XXXX stated that the refund would be returned via check, after inspection and assessment of the car and continued to threaten me with " reporting the vehicle as stolen '' if the car wasn't returned by closing. I told him that he was more than welcome to have the vehicle towed and he would be making a false report, because I did not " steal '' my car, in to which he responded that he wouldn't " waste '' his resources and hung the phone up. 

Now currently under duress I drive the vehicle to the dealership the next day, unsure, if I'm driving in a " stolen vehicle '' causing extreme stress and anxiety, that focusing on driving was troubling, but I made it safely nonetheless. I'm met at the door by XXXX a salesman that initially assisted with the contract and he questions my reason for returning so soon, is something wrong with the car. I informed him of the conversation held between XXXX and myself, to which he said to not worry and he'll work something out for me to keep the car. I told him to not worry and I really just want a refund of my downpayment. He still insisted that I keep my key to the XXXX and sit at his desk and just wait while he try to work something out. After awhile he went outside and asked my fianc who was parked outside, if he could run his credit and get more " loan '' options. My fianc and I both informed XXXX, that his credit wasn't too good and it wouldn't make sense, XXXX insisted that we just give it a try anyways. My fianc agrees and of course no " loan '' options available and tells me to now just wait some more., he's still going to work something out. 

XXXX now comes to me and my fianc ( would also like to mention that at a point my fiance was car shopping at their lot with me initially for a challenger and was talking finances with XXXX XXXX as we are outside and says " hey I'm going to need some more money '', to which I respond, " more as in how much, I've already given y'all XXXX '' just XXXX weeks ago. He states " yes going to need more than that though '', I said " how much more '' He says " like XXXX or XXXX '' I exclaimed " like XXXX, XXXX?! '' he says " yes '' my fianc blurts out I got {$5000.00} and XXXX lights up, says ok yes I can work with that, and disappears inside. 

XXXX finds me and ushered me back inside, but to the other side of the lot ( it's split into XXXX dealers ) not the side where I signed my first contract that was assigned to XXXX. I asked him why were we going to this other side, and he said this is where the finance XXXX is for the deal. Still a bit confused, but at this point, I'm tired, hungry, stressed and just want to go home after being there for at least XXXX hours already with initial intent to just be turning in the keys and start a refund process, so I'm just going with the flow. 

some electronic pad was placed in front of me instructing me to sign in certain places with the contract on his computer his computer screen. I raised a concern about the odometer slip as the odometer reading was listed at XXXX miles ( which was incorrect, because I had the car for XXXX weeks, so of course the mileage has gone up ) and also that the notary seal was missing. I was told to not really worry about it and it had to be entered to the same like the first contract to just make everything easier. Again just tired, stressed, and concerned about the larger down payment, I just sign it, trusting his guidance. 

As I'm still signing the contract ( it is now with XXXX XXXX XXXX XXXX I notice that I no longer have the debt cancellation agreement, I was told that because, of the now total XXXX down payment the percentage of the vehicle that's paid down it wouldn't qualify for GAP coverage anymore which I stated ok, but I still have a service warranty, correct, and he stated yes. 

I have several problems with this credit consumer transaction which has been riddled with misrepresentation, deception, and fraud. 

several hard inquiries were made on my credit profile was without my permission. I was prequalified with XXXX XXXX and informed XXXX of such and they stated it was procedure to just put in a standard application with the dealership anyways. This is a will violation of the FCRA. 

My cash down payment of {$8000.00} was not required in connection of business with XXXX XXXX XXXX as they were not the originator of the loan ( I have evidence of this via recorded calls with employees of XXXX XXXX XXXX ), but just the assignee. I was mislead to believe that I was obtaining loan and {$8000.00} cash down payment was needed in order to obtain this loan from XXXX XXXX acceptance XXXX XXXX off in the XXXX. When the contract was simply assigned to them, because they " purchased '' my contract. Also according to TILA it implies that a consumer can not charge a down payment unless that creditor charges the consumer the same amount. I know {$8000.00} is not an ordinary and customary amount. 

With XXXX being the seller/creditor on my initial contract they were to honor that original contract if the finance deal " fell '' through with XXXX financial XXXX not threaten me with the police and pressure/trick me into a new contract with a higher downpayment and apr rate. I'm a victim of XXXX financing which constitutes as auto dealer fraud. 

There are other issues such as no return of monies from my service care package of the initial contract that was " defaulted ''. states per contract that those funds would be returned. It appears that I have/had XXXX service contracts that had the same aspects of coverage and expiration. 

The lack of accurate odometer reading and obscene of notary seal as required on the slip, is a clear indication of fraud. 

I'm also aware of XXXX XXXX XXXX use of sophisticated credit scoring models to forecast default risk, knew that certain segments of its population were predicted to have a high likelihood of default. XXXX XXXX acceptance exposes borrowers to unnecessarily high levels of risk through high loan-to-value ratios, significant backend fees, and high payment-to-income ratios. XXXX XXXX XXXX also turns a XXXX eye to dealer abuse and fails to meaningfully monitor dealer behavior to minimize the risk of receiving falsified information, including the amounts specified for consumers incomes and expenses.