Consumer complaint received 2023-03-18
Company: United PanAm Financial Corp.
State: TN
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
XXXX XXXX XXXX NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL Dear UNITED AUTO CREDIT CORPORATION, I am writing to inform you that the recent repossession of my automobile on XX/XX/2023 was conducted in violation of federal law. I am demanding that the automobile be immediately returned to me, and that any damages resulting from the repossession be compensated for. 

As you are aware, the federal government has established specific guidelines and regulations for repossessions in order to protect consumers from unlawful and unfair practices. In this case, I believe that the repossession of my Automobile violated several of these regulations, including : 1. Failure to provide proper notice : According to the Truth in Lending Act ( TILA ) and the Consumer Leasing Act ( CLA ), a creditor must provide written notice to the borrower before repossession can occur. This notice must state the specific terms of the default and provide the borrower with a specific amount of time to cure the default. In this case, I did not receive any notice from your company prior to the repossession. 
2. Breach of peace : The Uniform Commercial Code ( UCC ) prohibits creditors from using physical force or threats of violence to repossess property. It is fact that the repossession of my automobile was conducted in a manner that breached the peace and caused a significant amount of emotional distress. I Was assaulted physically and verbally by excessive force and intimidation tactics such as, threatening violence, excessive taunting & verbal harassment. Tow use physical intimidation & also use physical restraint by not letting me pass, not letting me remove my hand from the door handle. When the employee rushed me and assaulted me, I was in fear of my safety! The Tow employee was way over 200lbs. I'm just 115lbs. He was big and red with anger! 
3. Unauthorized entry : The UCC also prohibits creditors from entering private property without the owner 's consent in order to repossess property. In this case, I did not provide consent for your company to enter my property and repossess my automobile. The landlord as well never provided consent for the company to come to a private property. Theres PRIVATE PROPERTY NO SOLICITING NO LITTERING NO TREPPASING signs on the property. 
Based on these violations, I am demanding that the automobile be returned to me immediately. I am also requesting that any fees or charges associated with the repossession be waived, and that I be compensated for any damages that occurred during the repossession. Specifically, I am requesting reimbursement for the cost of repairs to any property that was damaged during the repossession, as well as compensation for any emotional distress that I experienced as a result of the unlawful repossession. 
Police report was also made for the breach of peace & assault I expect a response from your company within 5 days of receipt of this letter. If I do not receive a satisfactory response, I will be forced to take legal action to protect my rights under federal law. Thank you for your attention to this matter. 
Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation