Consumer complaint received 2024-04-21
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC (KS)

I am XXXX and XXXX with only my income of XXXX to live on so I refinanced my house in order to pay off a lot of my debt in XX/XX/XXXX, because I have not worked since XX/XX/XXXX. I had a XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX, XXXX XXXX XXXXXXXX on XX/XX/XXXX which resulted in developing XXXX XXXX XXXX  back to back. XXXX and then XXXX that XXXX XXXX XXXX XXXX which resulted in XXXX XXXX XXXX on XX/XX/XXXX. Because of the XXXX XXXX XXXX I had to put off my XXXX XXXX XXXX for XXXX XXXX which was XXXX  on XX/XX/XXXX and My XXXX XXXX XXXX is scheduled for XX/XX/XXXX. My brother XXXX XXXX in XX/XX/XXXX and my mother XXXX XXXX  on XX/XX/XXXX while I was in a different hospital than she was last year. This caused me to go from XXXX people contributing to the household debt down to my XXXX XXXX  Only. I was sent XXXX checks written out to different companies. I accidentally put the Check written out to XXXX amt of {$4200.00} with my Full Credit card # written on the Account # line in the Priority Envelope sent to Nissan Motors. Instead of returning the check to either myself or to XXXX they processed the check on XX/XX/XXXX. The only information on the check to even try to figure out where the check came from was my name typed on the check by the line where I hand wrote my credit card number. Being a XXXX XXXX for almost XXXX years I know the check payment process. Any checks that do not have Nissans Information an Unlocated Payment Report is generated and sent to Nissan Motors Accounting Department. They received a Report from the bank with copies of All checks not able to process or applied to a specific account. These checks have to be manually handled and legally handled in the correct manner. When they looked at this check they could see the check was not written out to Nissan Motors nor had Nissans account number on it, so it was originally deposited into an unlocated Account until someone in accounting took the time to manually pull up and look at the check. Not only did their Accounting Rep clearly see that the check was NOT written out to Nissan, but they only had my name typed on the check to try and locate my information. It was at that time that I should have been contacted at that time to inform me they received the check in error. But instead they ILLEGALLY and FRAUDULENTLY PROCESSED THE Check and DEFACED the front of the check by HAND PRINTING My NISSAN MOTORS Account # Above the line where I wrote my Full Credit Card Number. Then not only did they deposit the {$4200.00} they also took my Auto Pay Payment. The only reason I even knew they had received the wrong check is because I called to get the status of my TITLE. I spoke to an XXXX Rep on Thursday XX/XX/XXXX. He told me that I still owed over {$1000.00}. When he told me the last couple of payments I informed him that I needed a refund immediately because I needed to get the money sent to XXXX to get my credit card paid off and I would contact XXXX XXXX XXXX and the Mortgage Company and get the {$5800.00} sent to Nissan. He said he spoke to a manager and it would be XXXX business days. I called XXXX XXXX XXXX and they told me the Payment was sent to the lockbox and it was not written out to them so it was destroyed. They could not return it. I Called the mortgage company on Friday XX/XX/XXXX and I spoke to XXXX. She informed me that Nissan Fraudulently cashed the check so they cant put a stop payment on it but because XXXX XXXX did not cash the Check in the amount of {$5800.00} written out to Nissan then they can void that check and have it sent overnight on Monday or Tuesday directly to Nissan which they sent a duplicate check which is attached. The new check in the amount of {$5800.00} was applied to my Nissan on WEDNESDAY XX/XX/XXXX. So now Nissan has over XXXX XXXX to pay off {$5200.00}. I spoke to XXXX on XX/XX/XXXX and I informed her that the check was Fraudulently cashed and I needed my money immediately and she told me that it would be XXXX business days. Again I told her I needed the money immediately due to the fact that the check was deposited fraudulently and illegally and because I am now paying double payments to Nissan, the mortgage company and to XXXX XXXX XXXX XXXX interest and I cant afford it and I need my refund Immediately. I called again on Monday XX/XX/XXXX and after arguing again that I needed the {$4500.00} refund I ended up being transferred to XXXX. She said she will see what she can do and call me back. I didnt hear from her so I called again on Thursday and she said that unless I can get the Mortgage company to send a copy of their bank statements for BOTH CHECKS THEN IT WILL BE ANOTHER XXXX BUSINESS DAYS BEFORE I WILL BE REFUNDED ANY MONEY. I told her that Nissan has committed Fraud and they have NO LEGAL RIGHTS TO HOLD ON TO MY MONEY AND I WILL BE FILING FRAUD CHARGES AGAINST THEM. She said that they are not going to refund the {$4200.00} or the additional {$300.00} taken in Autopays and because they sent the new check in the amount of {$5800.00} that now I need to send proof that both checks were deposited and they want copies of bank statements on Both Payments from the mortgage companies bank which's is Absolutely unreasonable and unacceptable. I want Nissan  to be held fully accountable for their actions of Fraud and Illegal Practices. I have been under so much stress that with my XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. I have had to pay double payments to both XXXX XXXX XXXX, my mortgage payment is {$500.00} higher because I refinanced the house. I am paying 33.33 % interest on the {$4200.00}. For everything they have done and emotionally and physically put me through in the past XXXX weeks Nissan should write off the {$5300.00} and refund the full XXXX XXXX I have been a loyal customer of NMAC since XXXX. I leased a XXXX and XXXX XXXX XXXX. Purchased a XXXX and traded it in for the XXXX XXXX XXXX XXXX. I never went beyond the Grace Period in making my payments and I also paid ahead. I am also going to file with the Attorney Generals Office in the State of Kansas where I live and TX or TN depending on the location of the Financial Division. If they have illegally deposited one check then they have illegally deposited many others. They are hiding behind the overseas reps and most of the time they wont transfer you. I need my money Immediately. They have been holding on to it since XX/XX/XXXX. Nissan and their illegal Practices need to be stopped immediately! I understand they were sued in XXXX for illegal practices but obviously that didnt stop them. Now they are cashing XXXX that is not theirs and holding it hostage and collecting interest on the funds while asking for absolutely ridiculous requests that cant be honored and should not be honored. Their accounting practices should be investigated.