Consumer complaint received 2023-09-06
Company: FORD MOTOR CREDIT CO.
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Deficiency balance after repossession

Complaint:
On or about XX/XX/XXXX, I called Ford and spoke with its representative, who provided me with the name and address of XXXX XXXX in XXXX XXXX. In that call, I provided the my current, correct address for Ford to send any correspondences regrading the resale of the vehicle. Ford alleges that it instead, sent the notice of intent to sell on XX/XX/XXXX to the address I provided in XXXX of XXXX when I called Ford. I also gave my current correct address to XXXX XXXX when retrieving the trash bag given to me of my belongings, when I was not allowed to retrieve my belongings directly from the vehicle, including the proof of ownership documents in the glove box, my license plate, my subwoofer box and subwoofers which at the time of repossession were not attached to the vehicle and my subwoofer box was loose in the trunk, as well as my tolltag. 

Ford has conceded that it has not at this time instigated suit to collect on the deficiency balance, and states that it is confused as to why I mention the statute of limitations -- but as the statute of limitations prevents Ford from bringing ANY such action for a deficiency balance for breach of contract, then first -- Ford is maintaining a right to payment which it can not legally collect.

Second, Ford has made admission that I did call and communicate with Ford regarding the outstanding vehicle balance prior to the repossession at least as of XX/XX/XXXX -- as I did many times over the years since the time Ford would not take my payment in XXXX to get caught up on the balance then-owed -- and as then, and every time I attempted to call and work out reasonable payment arrangements afterwards, Ford refused to take ANY payment unless it was the FULL balance owed. Therefore, Ford has made material misrepresentations in this complaint procedure that I never made any attempt to pay, or that Ford was offering me any reasonable chance to make such payment or any payment arrangement to make right on the debt ; unless I had a full payment over over XXXX, I was prevented from making any sum of payment in a most unconscionable act or practice to collect the debt. 

Next, the NTTA records from XX/XX/XXXX reflect a Toll road charge on XXXX XXXX freeway on XX/XX/XXXX at XXXX XXXX, which is the exact time I made the police report and the XXXX PD arrived at XXXX XXXX to take the UUMV report. The NTTA public information act request results reflect the vehicle was DRIVEN from my home when repossessed, not towed, and a charge of almost {$5.00} was attributed to my NTTA account for the choice of XXXX XXXX to utilize the tollroad and drive the vehicle instead of comply with Texas law regarding repossessions, NTTA documentation, attached. Therefore, I demand to receive the invoice for the alleged charges for the vehicle repossession and storage fee of nearly {$1000.00} that as added to my total amount due, which can not reasonably include any charges for towing the vehicle, in violation of the TDLR consent tow mandate for licensed, permitted and insured tow trucks to effectuate any consent tow repossessions in Texas.

Furthermore, the remittance of the {$61.00} from Ford is admission that XXXX XXXX unlawfully failed to allow me access to the vehicle and failed to return my personal property, but this amount paid in concession is not attributing the value of the total personal property which was wrongfully withheld -- the subwoofers and the box alone were valued at {$450.00}, invoice attached. 

Additionally, where Ford is clearly in possession of the full vehicle sale documentation, it has only provided one page in an intentional failure to disclose the facts of such sale and the one page it has provided reflecting the sale of the vehicle at an auction I was not permitted to attend, does not provide any documentation for the actual sale between the parties. Therefore I am unable to assess whether the sale was commercially reasonable where I can not ascertain all of the facts of that sale -- such as if the aftermarket grille, subwoofer box, subwoofers, amplifier and two keys were included in the price of the sale, which values would greatly effect the attestation of the sale price actually comporting with a commercially reasonable standard, as the grille was valued at {$200.00}, subwoofers, and box were valued at {$450.00}, and amplifier and coil at {$820.00}, invoice attached. 

The affidavit of repossession was not provided to me, and has not been provided to date, even upon my now multiple requests for same. I again demand to be provided with a copy of this documentation, which was also required to be filed with the Texas Comptroller/DMV as well as the required documentation necessary to be filed with Florida 's DMV, where the paper copy of the title resided. I therefore, again demand copies of the proof of filing from Ford with all required government agencies.

Ford is now asserting that XXXX XXXX did send this document to the XXXX Police Department, but Ford itself originally advised me it could not send this document to the police department based on its prohibition of sending to a third party MY private information -- which is so erroneous for so many reasons that I will not waste my time in breaking down the ludicrous assertion here -- but does highlight Ford 's inequitable positions as to my rights herein, and wholly avoids the fact that if it now admits that XXXX XXXX was it agent to complete form, then if the proposition was true, its agent allegedly violated my privacy rights in sending same -- but to the actual reality -- Ford 's agent and now Ford by the admission the form was sent/disclosed to third-parties, actually values the rights of third-parties to the information over my explicit requests for my information. Where Ford has made no offer of proof of the affidavit -- which it clearly would have in its possession, just as the full vehicle auction report sale documents -- it has declined to provide same to me, again after my explicit requests. Further, without a copy of the this documentation received timely I have actually incurred additional damages, where my insurance premium return would have included all of the days the vehicle was repossessed, rather than just from the date I had to find out of the repossession from the claims adjuster, as neither Ford nor XXXX XXXX advised me at any time after the repossession that same occurred until I initiated communications with Ford upon notice from a third-party 's investigation that it happened.

Moreover, with Ford and XXXX XXXX both having my correct address prior to the date of any resale, IF Ford actually did send the alleged notice of intent to resale, then Ford admits that it sent the notice to an address I provided in XX/XX/XXXX, and therefore did so to an address it was already on notice was no longer a correct or valid address, when it was in possession of my actual, correct address merely days before i.e. a failure to send the notice. Under the Texas Business and Commerce Code, if the notice is not sent prior to the sale 10 days, then the I am not liable for any deficiency balance resulting from the sale.

Failure to send the notice as occurred here, or failure to send a proper notice for the right to redeem makes Ford liable for damages in the amount of any loss caused by the failure and include loss resulting from the my inability to obtain, or increased costs of, alternative financing, and damages for that failure not less than the credit service charge plus 10 percent of the principal amount of the obligation or the time price differential plus 10 percent of the cash price. 

Additionally, I may recover {$500.00} in EACH case from Ford for its failure to fails to comply with Section 9.208 ( each {$500.00} ) ; failure to comply with Section 9.209 ( each {$500.00} ) ; failure to record to file or send a termination statement as required by Section 9.513 ( a ) or ( c ) ( {$500.00} ) ; failure to comply with Section 9.616 ( b ) ( 1 ) and whose failure is part of a pattern, or consistent with a practice, of noncompliance ( each {$500.00} ) ; or failure to comply with Section 9.616 ( b ) ( 2 ) ( {$500.00} each ).

Additionally, I may recover {$500.00} in each case from Ford for its failure to comply with my requests under Section 9.210, which have been made at least since XX/XX/XXXX multiple times, {$500.00} for each occurrence.

Company response to consumer: Closed with monetary relief