Consumer complaint received 2024-04-08
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: FORD MOTOR CREDIT CO. (TN)

On XX/XX/XXXX, I sent a Notice of Claim to Interest to the CFO of Ford Credit, XXXX XXXX accepting all titles, all rights, all interest and all guaranteed equity owed to the principal. I instructed XXXX XXXX to apply the principals balance of {$28000.00} to the principals account. I also instructed XXXX XXXX to communicate through writing within XXXX business days of receipt of that notice if there were any discrepancies and if there was no communication, I could assume that the aforementioned instructions had been completed. On my first attempt to contact Fords CFO, I did not receive any correspondence. I sent a second letter to CFO XXXX XXXX, Notice of Claim to Interest Opportunity to Cure, on XX/XX/XXXX, giving the same instructions listed in the first Notice of Claim to Interest, including that if there were any discrepancies to respond in writing within XXXX business days or I would assume the instructions given had been completed. On XX/XX/XXXX, I sent a billing error to Ford Credits c/o correspondence due to needing more clarity on charges that were being made on the account. No one from Ford acknowledged my billing error saying it had been received or that they were looking into the matter. I was still being sent billing statements with false and deceptive characters and receiving numerous phone calls a day about making payments on an account that I had serious concerns about which is a violation pursuant to 15 U.S Code 1692d Harassment or abuse ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. Because of these concerns, I chose to defer my payment for the month of XXXX and then the month of XXXX due to the uncertainty of the information on the billing statements and having no correspondence on the matter from Ford Credit. 

I received a letter dated XX/XX/XXXX, from XXXX from Ford Credit Executive Offices, stating that she was writing in response to my letter addressed to XXXX XXXX stating As the form of payment, you have submitted is not a negotiable instrument, I am returning the documents to you with this correspondence. The document that was returned to me was the billing error that I sent to them back in XXXX that I never received a reply from Ford Credit about. The letter proceeded with abusive language from XXXX stating We will continue to rely on the terms of the contract you signed and expect you to do the same. As of this writing, your account is not paid in full. Ford Credit will retain a lien on the vehicle that is collateral for the above noted account until the account balance is confirmed as paid in full. To have the billing error sent back to me in the mail and then have my property threatened, displayed total disregard and neglect on Ford Credits behalf as it relates to me as a consumer and the severity of my noticing a billing error and Ford Credit ignoring it and still demanding payments. 

On XX/XX/XXXX, I mailed a letter to Ford Credit titled Notice of Dispute. In this letter, I included the Fair Debt Collection Practices Act 15 USC 1692 g Validating Debt, If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt or any other portion thereof is disputed or that the consumer requests the name and address of the original creditor, the debt collector shall cease collections of the debt or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgement or the name and address of the original creditor and a copy of such verification or judgement or name and address of the original creditor is mailed to the consumer by the debt collector. I respectfully requested that Ford Credit provide me, on an affidavit under the penalty of perjury ; the amount of the alleged debt, the name of the original creditor to whom the alleged debt is owed, verification or copy of any judgement, proof that they are licensed to collect debts and proof of the last payment made on the account, letting them know that I was asserting my rights, federal and state under the FDCPA and FCRA.

Soon after that letter, I received a letter from Ford Motor Credit Company titled Notice of Default and Right to Cure The letter stated, This is your notice that you have broken your contract. You are late in making payment ( s ) on the contract referenced above. If you pay the AMOUNT NOW DUE ( above ) by the CURE DATE ( above ), you may continue with the contract as though you are not late. If you do not pay the AMOUNT NOW DUE by the CURE DATE, we may exercise our rights. Thes rights include but are not limited to, the right to repossess the Property and, if the law allows, the right to hold you personally responsible for any difference between the amount the Property brings in a sale and the balance due us on the contract. If you give the Property back to us or we repossess it, you are not waiving your right to be advised of any proposed sale of the property before it is sold. These statements are another example of how Ford Motor Credit Company violated me pursuant to 15 U.S Code 1692d Harassment or abuse ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation or property of any person, ( 2 ) The obscene or profane language or language the natural consequence of which is to abuse the hearer or reader, ( 4 ) the advertisement of sale for sale of any debt to coerce payment of the debt. Because my property and interest in the vehicle had been threatened by Ford, I felt there was no other way to keep myself and my property safe other than to pay Ford to not come take my vehicle away. Ford continuously ignored my requests in writing to them, asking them to verify the alleged debt and send other documents showing the validity of the account and they still managed to contact me to get payments on the account. Such harassment led me to send a Cease and Desist to Ford Credit asking them to cease contact with me about collecting the alleged debt. While in the letter I did request that they no longer contact me via telephone, electronic mail, mail correspondence nor by means of repossessing the vehicle, I, before then had still not received any correspondence from Ford regarding the information I requested in the Notice of Dispute letter. Since then, I have written to Ford Motor Credit Company LLC again, requesting and giving them permission to send documentation stating the amount of the alleged debt and documentation stating who the original creditor on the account is under the penalty of perjury. I believe Ford Credit is exhibiting a pattern of malicious and abusive behavior by ignoring my letter of Notice of Claim to Interest, my Billing Error, Notice of Dispute and multiple requests for information regarding the account.