Consumer complaint received 2023-11-28
Company: PENTAGON FEDERAL CREDIT UNION
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
I am writing to dispute the recent repossession of my vehicle, [ XXXX # : XXXX ], which occurred on or before XX/XX/2023. This repossession was conducted in violation of several federal laws, including the Fair Debt Collection Practices Act ( FDCPA ), the Truth in Lending Act ( TILA ), and the Fair Credit Reporting Act ( FCRA ) ( as follows below ) :. 

I am also writing regarding the discriminatory treatment I have received from PenFed Credit Union and the subsequent illegal repossession of my vehicle. In XXXX, I submitted a Temporary Hardship Application ( THA ) due to unforeseen financial hardship. Despite repeated attempts to inquire about the status of my application, I was never granted any updates or approvals. My pleas for a review of my THA were consistently ignored, and my efforts to resolve the situation were met with inaction. My vehicle was illegally repossessed without any communication regarding my THA or an attempt to work with me to resolve my financial issues. This act of repossession has caused me significant emotional distress, financial strain, and disruption to my daily life as well as loss in employment opportunities to increase income. This is a direct violation of 15 U.S. Code 1691e, 15 U.S. Code 1691c, 15 U.S. Code 13, and 15 U.S. Code 1691. 

FDCPA Violations Specifically, I allege that your company has violated the following provisions of the FDCPA : Failure to provide adequate notice : I did not receive proper notice of the repossession. Under 15 U.S.C. 1692g ( a ), debt collectors must provide consumers with a written notice containing specific information about the debt, including the amount owed, the date by which payment is due, and the consumer 's right to redeem the repossessed property. I did not ever receive this notice even after my vehicle had already been taken.

Use of deceptive or misleading tactics : Your company 's representatives made false or misleading statements about the repossession process and the consequences of failing to surrender my vehicle. These tactics violate 15 U.S.C. 1692e, which prohibits debt collectors from engaging in any unfair or unconscionable means of debt collection.

Harassment and intimidation : Your company 's agents used threatening language and aggressive tactics to coerce me into surrendering my vehicle. This behavior violates 15 U.S.C. 1692d, which prohibits debt collectors from engaging in any conduct that the consumer reasonably believes to be the harassment or abuse of, or threat to harm, the consumer or the consumer 's reputation.

TILA Violations In addition to the FDCPA violations, your company has violated the TILA by failing to provide me with accurate and timely disclosures about the terms of my credit agreement. Under 15 U.S.C. 1602, creditors are required to provide consumers with clear and understandable disclosures about the terms of their credit agreements, including the finance charge, annual percentage rate ( APR ), and payment terms. I did not receive these disclosures, or they were not provided in a timely manner.

FCRA Violations I am also concerned that your company may have violated the FCRA by furnishing inaccurate or misleading information to credit reporting agencies about my debt. Under 15 U.S.C. 1681b ( a ) ( 2 ), furnishers of credit information are required to investigate and correct any inaccurate or misleading information in their records. I have not received any confirmation from your company that it has investigated my dispute or taken steps to correct any inaccurate information.

Personal Damages and Adverse Reactions Leaving me without a crucial means of transportation and causing significant disruptions in my daily life.

Loss of Transportation and Mobility : The immediate consequence of this repossession is the loss of my primary means of transportation. This has severely impacted my ability to perform essential tasks, including commuting to work, attending medical appointments, and running errands. I currently rely on costly and inconvenient alternatives such as public transportation or borrowing vehicles from friends and family, which significantly hinders my ability to fulfill my personal and professional obligations. As a result, also as being partially self-employed, I lost several employment opportunities which totaled {$5000.00}.

Financial Strain and Insecurity : Beyond the direct loss of my vehicle, the repossession has also caused substantial financial strain. Not only am I experiencing difficulty meeting my daily transportation needs, but I am also facing a potential deficiency balance owed to the lender, as well as potential towing and storage fees. These additional expenses further compromise my financial stability and contribute to a deep sense of insecurity about my future financial well-being. I have already lost hours due to the removal of work and loss of some contracts, and I have been severely placed in bond because I can no longer travel to work, therefore reducing my ability to make a good living for myself and my family. 

Emotional Distress and XXXX XXXX  : The repossession has also taken a significant toll on my emotional and mental well-being. I am experiencing heightened levels of stress, XXXX, and XXXX as I grapple with the loss of my car and navigate the challenging financial consequences. It is difficult to remain focused and productive while coping with this overwhelming sense of loss and uncertainty. I have spent several hours in therapy to remedy the stress of potential losses, however, this has damaged the situation so much more. 

Social Consequences and Loss of Opportunity : Without a reliable car, I am facing limitations in social participation and the potential loss of important opportunities. I am unable to engage in social activities as easily, attend events with friends and family, or pursue opportunities that require transportation. This social isolation further exacerbates the negative emotional impact of the repossession. As stated earlier, I have missed out on a {$5000.00} opportunity for work which would have brought the account to current prior to being repossessed. 

Appeal for Consideration and Support : Given these personal damages and adverse reactions, I urge you to consider my situation with empathy and understanding. I am striving to resolve this hardship and regain stability in my life, but I require support and assistance as I navigate this challenging period. 


Demand for Return of Vehicle and Cease of Collection Activities In light of these violations, due to these actions, the repossession of my vehicle was illegal and in violation of the FDCPA. I DEMAND THAT YOU IMMEDIATELY RETURN MY VEHICLE TO ME WITHOUT ANY FURTHER CONDITIONS OR CHARGES! I also demand that you cease all collection activities related to this debt until you have complied with my demands and have cured all of the violations I have alleged. 

If you fail to comply with my demands, I will be forced to take legal action against your company. I have consulted with an attorney who is prepared to file a lawsuit on my behalf. 

If PenFed Credit Union fails to make any reasonable procedure to resolve this matter and compensate me for the damages caused to employment, and personal livelihood, I will indeed make PenFed Credit Union criminally and civilly liable for all actual damages pursuant to 15 U.S Code 1681 ( n ) and 15 U.S Code 1681 ( o ).

In the meantime, I am requesting that you send me a written confirmation that you have received my dispute and will be investigating it promptly. I will also be attaching the invoice to compensate me for all the violations and damages caused - ( {$1000.00} ) per violation.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation