Consumer complaint received 2023-06-13
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: PA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Loan balance remaining after the vehicle is repossessed and sold

Complaint:
COMPANY INFORMATION : NISSAN MOTOR ACCEPTANCE INVOLVEMENT : Debt Collector ACCOUNT NUMBER : XXXX My latest credit report shows company on my credit report NISSAN MOTOR ACCEPTANCE the original creditor. 

The account that you are reporting is identified as a repossession. Yet, you continue to report late payments when the vehicle is no longer in my possession, and it would be impossible for me to default on the payments after the fact. 
o Discrepancy is the account closer. This account is identified as closed on XX/XX/XXXX. The vehicle was no longer in my possession by XX/XX/XXXX. Yet, you reported the closer five years after the repossession. 

o Discrepancy is the last payment made. This account was identified as the last payment made on XX/XX/XXXX. The vehicle was no longer in my position by XX/XX/XXXX. Yet, you reported the last payment on XX/XX/XXXX. This is three months after the vehicle was no longer in my position because the vehicle was repossessed. 

o These dates are not accurate given a longer time frame than what should be reported. I have the right to an accurate credit file, and discrepancies like this are unacceptable. So, please immediately remove this account and its entirety from my credit file. 

Inconsistences and inaccurate data reporting by NISSAN MOTOR ACCEPTANCE and XXXX XXXX NISSAN MOTOR ACCEPTANCE sold account to Debt collector XXXX XXXX Customer Service Rep who provided the information : XXXX XXXX : XXXX NISSAN MOTOR ACCEPTANCE can not be reported on my XXXX account if they no longer hold the account in question. 
I am writing to request the removal of the following accounts from my XXXX credit report inconsistences, inaccurate data reporting. 




The repossession was not peaceful. 

o I was waking from my sleep by a gentleman and his company coming to repossess my vehicle. My apartment is on the 1st floor next the available parking spaces. I approached the gentleman in a calm manner. I asked him not to take my vehicle at the time and I will make arrangements with Nissan in the morning. The gentlemans answer was No he has to take the vehicle now. I asked permission to take remove my belongings and he allowed me to do so. 
Time of repossession between XXXX and XXXX. 

o Breach of the Peace Law in Pennsylvania In Pennsylvania, a repossession will be deemed unlawful if the repossession company breached the peace when taking a consumers vehicle. If they are actively in default, a repossession company can come at any time to take the vehicle but their actions are limited by the provision on the breach of the peace. Breach of the peace covers a number of disorderly behaviors and if violated, it counts as a criminal offense. Therefore, a vehicles repossession must be peaceful. The repossession company can not force a consumer into giving up their vehicle with threats, using violence against them, or giving them misinformation regarding the repossession. Furthermore, they can not damage or break into a consumers property during the repossession. For example, while the company is allowed to take the vehicle from an unsecured area on or around their property, they can not break into a locked garage or gated area to repossess a vehicle. Additionally, the repossession company should stop the repossession if the consumer objects to their actions or asks them to leave their property. They can risk breaching the peace if they do not do so. In order to avoid the possibility of the consumer protesting the repossession, the repossession company may take the vehicle at night when they are asleep. If this occurs, a breach of the peace still could have taken place if the consumer finds that the company damaged their property during the repossession.

Repossession Company : I Contacted NISSAN MOTOR ACCEPTANCE and they unable to provide me with the repossession company name.

Company response to consumer: Closed with explanation