False statements or representation

Posted on Posted in Complaints, Debt collection

review

XXXX XXXX I, XXXX XXXX, was co-signer on an auto loan with XXXX XXXX in XXXX XXXX TN, terms spanning 48 mo., 24 % APR & mo. payments of {$430.00} through Credit Acceptance , Corp. ( CA herein ). First major delinquency was XX/XX/XXXX due to loss of employment & the balance due according to XXXX credit bureaus is {$3600.00}, but balance due as reported by CA {$3500.00}. The XXXX value of the repo ‘d SUV for dealer trade in TODAY is {$1200.00} & SUV was repo ‘d in XX/XX/XXXX. I did n’t receive notice of the sale of the vehicle, but was furnished a copy of what CA claimed to have sent me regarding resale. No deficiency balance ever noted!!! A couple years went by with no correspondence from CA until XXXX/XXXX/XXXX when the sheriff delivered me a final judgment, entered by default as of XXXX/XXXX/XXXX. Upon receiving this, I called XXXX, XXXX XXXX XXXX, XXXX ( XXXX herein ) who identified themselves as debt collectors for CA saying the balance due as of judgment is now {$6900.00} & to call for payment arrangements. I was confused and skeptical, as I had already paid roughly {$20000.00} on the contract & there was no record of a deficiency balance applied.
After researching more on my own, as circumstantially I could not afford legal advisory, on XXXX/XXXX/XXXX I sent a request via certified mail usps to XXXX for a complete debt validation to include all info in my file, the original contract & a full accounting of all transactions. In response to my request on XXXX/XXXX/XXXX, I only received a general response & a copy of the final judgment, no debt validation & no account of the proceeds, deficiency balance or how the sale was processed & there are NO DOCUMENTED PROCEEDS from the deficiency balance towards what is owed, EVER. I was hesitant to make pymnt arrangements in fear of validating the debt, but when I called the courthouse to verify the judgment, it was on file as a legally binding document. As of XX/XX/XXXX, CA has reported the account status with all XXXX credit bureaus with the delinquencies and repossession noted, but never once was a judgment or public notice recorded & said account has been closed as of XX/XX/XXXX, to be scheduled for removal by XX/XX/XXXX. All XXXX credit bureaus reported the same data. Something was n’t right & I had read hundreds of complaints via internet regarding unfair & illegal practices by CA.
On XXXX/XXXX/XXXX I hesitantly made the first payment of 9 for the {$75.00} arrangement agreement to XXXX from my XXXX checking and have the records. The most recent payment cleared XXXX/XXXX/XXXX. Within that time period, I ‘ve only received XXXX notices from XXXX, the most recent dated XXXX/XXXX/XXXX, stating the amount due was {$7400.00} & that their ” client has informed them of a special opportunity to fully satisfy this debt by payment of a significantly reduced amount ”. No other forms of correspondence attempted. Last Thursday, XXXX/XXXX/XXXX, I went to use my debit card and it was declined even though I had over {$1700.00} in my account & had just deposited my payroll. XXXX bank informed me that my account was levied by CA & without any prior notice from my bank or CA. The telephone # I was given sends me to a TN county clerk & that is all the contact info provided. I still have yet to receive any notice from my bank or XXXX or CA regarding the levy & questioning if all this is legal practice. I ‘ve heard of CA judgments being vacated after entered due to CA filing fraudulent affidavits with the courts. When I calculate the amount due under the terms by CA in the judgment, I get completely different amounts and I think they are suing for interest on attorney fees, other interest charges and there are credits of {$0.00} for deficiency and resale of SUV? I definitely can not afford a lawyer now & thinking this is a fraudulent attempt to collect before the SOL is up because the judgment is fraud. Can they take all of my payroll check deposited just before too? I am asking for help with the legalities of this please

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