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Report: #374344

Complaint Review: Credit Acceptance Corporation - Southfield Michigan

  • Submitted:
  • Updated:
  • Reported By: Vermilion Ohio
  • Credit Acceptance Corporation 25505 W. 12th Mile Rd. Suite 3000 Southfield, Michigan U.S.A.

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I recently purchased a 2002 Dodge Neon from Phil Steinle Motor Cars in Sandusky, Ohio to help prepare my daughter for her future. Had I known I was being lied to right from the start I would have never signed any papers to purchase this car.

It started off by the sales person telling me that I had to put $1900 down on a $7000 vehicle. I know my credit wasn't perfect, but she showed me an approval the day before that did not include putting $1900 down, in fact it was $1500 down. She told me it was because of the different car that my daughter picked out on the day we decided to go for it. She then told me that it was the finance companies policy that I had no choice but to sign an automatic withdrawal form to have the payments taken directly out of my checking account. I believed her on both occassions as her and my daughter attend school toghether, her daughter has stayed overnight at my home.

The first couple of months were fine and I never had any probelms whatsoever getting my payments taken from my account. I then, in July of 2008 had an identity theft on my personal checking account. This caused the August payment to be returned for NSF. I am not disputing this at all. I did however offer confirmaiton from my bank that there was indeed an identity theft and was refused to provide that documentation. I received a call from Credit Acceptance who agreed that I could give a different account and have the payment taken from a different account (my daughters', I figured it was her car and she was giving me the money for it anyway). Credit Acceptance connected me to True Pay who I gave the account information to. I explained to her that it was an ATM account and not a checking account. She said that was no problem as long as I have a routing number and account number. I also confirmed this with my bank who gave me the routing number. I confirmed this information on line as well as with the person on the phone. She also told me that it is not Credit Acceptances policy that the payments have to be made automatic withdrawal.

The payment was then scheduled to be taken out on September 8, 2008. I watched the account and there was no activity for that day or the following 3 days. I then received a call on the 12th from Credit Acceptance (Audrey) asking me why the payment arrangements that I had made were once again returned by the bank for NSF. I told her that the payment wasn't even attempted on the 8th. She informed me that the payment that the payment was attempted on the 8th and the 12th and then changed the story to "it was returned for a non existing account". She then said if I can fax her a copy of the bank statement that the payment was to be taken from and can prove that the funds were available on those days, she would clear it up for me. I heard nothing back from her.

On Saturday I received a call once again from Credit Acceptance wanting to know why the payment was not made. I explained the entire story to the person on the phone. She said "I see the fax that was sent to Audrey reflecting the money was available, however you can't make a payment from an ATM account, it has to be a checking account". Even though I cleared this with my bank and had verified it with Audrey and another person from True Pay that I gave the information to. She then proceeded to tell me that I had to Western Union the payment, pay even more to send it that way and that also had other charges occurred because of the payment being returned so many times. She said I would have get another checking account and have the payment taken from it instead of my daughters' ATM account.

I then took my daughter to the bank, opened a checking account with her so that I could make the August payment that was due. When I returned to my home to call Credit Acceptance to give them the correct information once again. I was then told that Credit Acceptance or True Pay could no longer accept checks from me to make the payments and that I had to go to Western Union or Money Gram to pay it. I at that point refused to do this.

I called Credit Acceptance back and demanded to speak to a supervisor, I was told there was none available. I called again later and spoke with Gabriel who told me to go to Western Union or Money Gram, or I could mail in a money order. I opted to do the money order because I was not going to pay another dime for a mistake that was not mine.

On Thursday, September 18, 2008. I received a call from Once Choice Recovery that stated her driver was at my car and needed the key to pick it up. I once again ended up on the phone with Credit Acceptance arguing my case. I asked if they could give me 1 hour to go make the payment and to not take that car at that time. They stated that it was up to the driver. I spoke with the driver who of course stated that it was up to Credit Acceptance.

When I called Credit Acceptance again, they miracously lost all of the notes that pertained to some of the conversations we had over the phone. They even went as far as stating that I never called in to give any new account information. They said in order to redeem the car, I had to pay almost $800. The August payment which is $255.00, The September payment that was just due on the 16th, and a recovery charge. I decided at that time that there was no way Credit Acceptance was getting any more of my money. They have already received $1900, plus the payments I have made so far, plus now they want a recovery fee of $300 for taking the car less than 10 miles from my home?

This company should be put out of business. In doing some research of my own, it appears that there have already been several class action law suits filed and won. It also appears that it is time for another.

I am demanding at this time that my down payment of $1900 be returned to me as well as every payment I have made toward this car. I also am demanding that any adverse item placed on my credit report be taken off immediately.

I will definitely make every attempt to get my story heard by every consumer to let them know to not shop at Phil Steinle's (you can't tell me they don't know how you operate), or get financing from your company. You are the definition of predatory lending.

If there are any pending class action law suits against either of these companies, please let me know. I will gladly join.

Kimberly
Vermilion, Ohio
U.S.A.

This report was posted on Ripoff Report on 09/19/2008 09:30 AM and is a permanent record located here: https://www.ripoffreport.com/reports/credit-acceptance-corporation/southfield-michigan-48034-8339/credit-acceptance-corporation-very-wrong-reposession-southfield-michigan-374344. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
6Consumer
0Employee/Owner

#6 Consumer Suggestion

When in doubt don't mail it out.

AUTHOR: Renee - (U.S.A.)

POSTED: Monday, December 08, 2008

If I am reading your compliant correctly at the time of repossion you were 3 months deliquent (july, august, & sept) as well as it appeared that you had 2 NSF's. GMAC uses True Pay as well and they sometimes mis-speak about their capabilites. However by your own admission you stated you were advised that the reason for the 2nd NSF was b/c when True Pay went to debit the account the account could not be located. Which means that the financial institution most likely does not allow ACH debits which is not unheard of for the "pre-paid" like atm cards. Credit Acceptance was within their rights to ask for guarnteed funds when payments are returned from a financial institution consecutively no matter what the reasoning behind the returned payment was.

I can tell you the person that told you to mail a money order was wrong. Again if I am understanding your story at this point your account was approaching 90 days deliquent and with any finance company your car would have been scheduled for repossion without guarnteed funds (i.e. Western Union or Money Graham) and being 3 months past due (and your payment coming due just a few days before does not matter 3 payments past due is 3 payments past due).

I would like clarifcation though, why did you just not mail a money order earlier (i.e. july or early august)? You are blaming the finance company for you not seeking alternate methods to insure the payment was made in a timely manner. At best I would think by mid-august you should have made the decision to stop spinning your wheels and just mail a money order or send a western union or money graham payment when advised. You sealed your own fate when you decided you were going to mail a money order on an account that was as deliquent as yours was. By your own admission you were advised on at least 2 occasions to send guarnteed funds and you decided not to.

Of course being a victim of ID theft was not your fault but failure to pay in a timely manner is your fault. Once the car is repossed you are responsible for the fees associated with the repossion. Per the contract that was signed states that the payments are considered past due if not recieved on the due date and legally a finance company can repo a car account is one day past due (depending on the state). I further do not understand why you feel you should recieve a refund of your security deposit and monthly payments paid until the car was repoed. You had full usage of the car as a matter of fact you had full usage of the car for more time than you actually paid for. I think that you were a victim of miscommunication but there were things you could have done to prevent the repossion from happening so I would be really surprised if any judge would rule in your favor (if you do please tell me their name and location) and if you have the money to pay for an attorney why not just pay what is owed and get the car back.
Because you were in actuallity late with your payments for whatever reason your account was still deliquent and therefore the credit bureaus will most likely not remove the negative information but I would give it a try.

Credit Acceptance was not preditory lending you did not quailfy for tradional financing due to poor credit history or a lack of credit history. I have seen thier retail installment contract and it is very clear and straight forward especially compared to some other contracts I have seen where you really need a dictionary at your side to make sense of them. You knew you had payments that were past due and you resolved it in the manner in which you wanted to and in your case you made a decision that was ended up having an adverse effect for you.

I do think the dealership was wrong for telling you that you had to sign up for auto-debits I am not aware of that being a stipulation of financing contracts but I could be wrong. That was just really odd but it really would not matter if they had you set up on autodrafts or not. Had you been a victim of ID theft any way you I can't see your outcome being any different because you were advised of alternate payment methods.

Clearly there was some miscommunication or a lack of communication but at the end of the day your payments were 3 months behind and it most likely appeared to the persons repsonsible for issuing reposseion orders that you were not going to pay. I have researched a wide variety of lenders and when you get to the sub-prime market there are indicators that are used to determine if collateral is at risk. And from reading what you wrote and looking at it from the business side and knowing what I know about how these businesses work I am almost certian the your account was viewed as if the collateral was in danger and therefore they opted to take action.

Hopefully this helps you and I wish you all the best. I am really interested to know how this all turns out for you.

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#5 Consumer Comment

I'm not the only one

AUTHOR: Joleen H - (U.S.A.)

POSTED: Monday, September 29, 2008

I must say I know how you feel! I am Joleen in the report below you. People think we are crazy by the way they reply. The next thing to expect is garnishment of your pay check for both you and your daughter. They will serve you papers from some far away town. Plus that $7000.00 vehicle will now be more like $16000.00
I hope for your sake not, but our stories are close but, different. Good Luck Joleen

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#4 Consumer Comment

I'm not the only one

AUTHOR: Joleen H - (U.S.A.)

POSTED: Monday, September 29, 2008

I must say I know how you feel! I am Joleen in the report below you. People think we are crazy by the way they reply. The next thing to expect is garnishment of your pay check for both you and your daughter. They will serve you papers from some far away town. Plus that $7000.00 vehicle will now be more like $16000.00
I hope for your sake not, but our stories are close but, different. Good Luck Joleen

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#3 Consumer Comment

I'm not the only one

AUTHOR: Joleen H - (U.S.A.)

POSTED: Monday, September 29, 2008

I must say I know how you feel! I am Joleen in the report below you. People think we are crazy by the way they reply. The next thing to expect is garnishment of your pay check for both you and your daughter. They will serve you papers from some far away town. Plus that $7000.00 vehicle will now be more like $16000.00
I hope for your sake not, but our stories are close but, different. Good Luck Joleen

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#2 Consumer Suggestion

The Answer.

AUTHOR: Robert - (U.S.A.)

POSTED: Tuesday, September 23, 2008

""Installments past due: $511.28""

They have since decided that they require a cash bond/deposit to continue your loan. This deposit was probably not figured into your discussion with them when they repossessed the vehicle.

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#1 Author of original report

Credit Acceptance Corporation

AUTHOR: Kimberly - (U.S.A.)

POSTED: Monday, September 22, 2008

I thought I should add that today (September 22, 2008),when I got the mail, there was a letter from Credit Acceptance Corporation that states the following "As of the date of this notice, the amount you are required to pay to cure your default is: Installments past due: $511.28, Unpaid delinquency or deferred charges: $39.93, Reposession expenses: $25.00, Cash deposit or bond: $511.28, Total due: $1087.54. My concern: when I called them for the millionth time on Thursday when they picked up the car, I was told $795.00. How did it go up over $500.00 in a matterof 3 days!!!!

They will not get another dime from me. We have decided that they can keep the car and I will fight this another way. I still stick to I will get my $1900 and every payment made so far back.

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