Consumer complaint received 2023-09-10
Company: MARINER FINANCE, LLC
State: FL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Loan balance remaining after the vehicle is repossessed and sold

Complaint:
XXXX XXXX XXXX I am writing this letter to the above referenced account and transactions. This Vehicle was repossessed by in the state of FLORIDA and resold under the laws of the FLORIDA TITLE 11 UCC article 9 and UCC- Article 9 - Secured Transactions Part 6 Default 11-9-610. Disposition of Collateral After Default and Article 2 - Motor Vehicle Sales Financing 10-1-36. Disposition of Motor Vehicle Repossessed After Default ; Right to Recover Deficiency a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and cure time limits were adhered to. please Provide copies of the legal notices and proof of the commercially reasonable Manner of the resale of the subject Vehicle. if no such proof is provided within 14 days from receipt of this notice the alleged claim of deficiency will be considered null and void, and any continued collection activities or continued reporting of this invalid claim on my credit reports will be considered a violation if the FDCPA and FCRA in addition, if your singularly or severally to comply with above request. I reserve the right to seek damages. Against all parties involved under all available state and federal statues and UCC article 9 and article 9, article 2 remedies This notice is to inform you that you unlawfully reported an unauthorized account on my consumer report. To ensure a clear and transparent resolution, I kindly request the following documentation and information related to the vehicle repossession : Repossession Notice : Please provide a copy of the initial repossession notice sent to me. This should include the date of the notice, the reason for repossession, and any specific instructions or options provided. 

Account Statements : I would like to review a detailed account statement that outlines the outstanding balance, including any fees, charges, or interest accrued up to the date of repossession. 

Repossession Order : If applicable, please provide a copy of the court-issued repossession order, if one was obtained before repossessing the vehicle. 

Inventory Report : I would appreciate receiving an inventory report that lists all personal items found in the repossessed vehicle. This will help ensure that none of my personal belongings have been mishandled or lost during the repossession. 

Disclosure of Sale Information : If the vehicle has been sold or is pending sale, please provide information on the sale price, any associated costs, and the calculation of any deficiency balance remaining. 

Redemption Rights : Please clarify my rights, if any, to redeem the vehicle by paying the outstanding balance, as well as the time frame within which I can exercise this option.

Contact Information : If there is a designated representative or department I should communicate with regarding this matter, please provide their contact information. I have not given you written permission to put anything on my credit profile. You have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A. You have knowingly transferred, possessed, or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability. your agency is in violation of 15 USC 1692g. your agency were to notify me of this in writing 5 days prior, I was not. I can validate this debt. I do not validate this debt. Therefore, the following account must be deleted from my report. 

Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : XXXX. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 USC 1692g violations 4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] However, you Must Provide all required documentation listed Documentation between you and the repossession company Documentation from repossession company giving me proper 10 day notice prior to repossession of vehicle. 
All documentation of the total sold price resale of the repossessed vehicle All documentation proving that your company conducted proper legal procedures to repossess vehicle. 
This vehicle is sold higher than the original purchase price and the original amount owed your company can not collect extra fees from me the debt would then be complete and no amount would be owe from me to your company. 
if the repossessed vehicle is sold lower then the original purchase price your company must provide all documentation of the sale of the repossessed vehicle as well as the bill of particulars that properly and fairly calculates the remaining balance owe failure to do so real result and any and all legal concepts that will constitute a civil suit against your company and the repossession company failing to provide all requesting required documentation. 
your company has 10 calendar days to provide this requested information. 
your company also does not have the legal consent by me to furnish to any third parties concerning this debt. 
your company must remove and cease any furnishing of information regarding this that to any third parties you do not hereby have my consent. 
please respond via mail of all reflecting this letter thank you.

Company response to consumer: Closed with explanation