Consumer complaint received 2021-01-20
Company: Trevathan Law Firm, APLC
State: LA
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:
Date XX/XX/XXXX This account xxxx XXXX file number XXXX was closed /charged off on XX/XX/XXXXaccording to the credit reports. court case number XXXX XXXXXX/XX/XXXX. XXXX XXXX XXXXXXXX XXXX XXXX  XXXX XXXX XXXX phone XXXX address XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX email XXXX XXXX XXXX Vs XXXX XXXX and XXXX XXXX On XX/XX/XXXX XXXX  XXXX XXXX XXXX XXXX, XXXX, LA XXXX ( XXXX ) XXXX Breached the peace when one of the workers appeared at my house to repossess the vehicle and the driver made verbal threats when coming to my home. I called the XXXX XXXX XXXX department asking them for assistance and I was told it was a civil matter and they could not intervene. 
On XX/XX/XXXX XXXX XXXX  came and I gave them the address and location of the vehicle to pick it up. I called XXXX XXXX spoke to office manager who called me the XXXX XXXX and threatened my life and said he would run me over to get the car. I reported this to the man from the XXXX XXXX  office who was the person who was sent. 

I have never received a right to cure letter from XXXX or the attorney who represents XXXX until today XX/XX/XXXX when the police came which I informed them of already notifying XXXX agents the location of the car. I have been harassed and threatened in violation of my rights under the Fair Debt Collection Practices Act. ( 12 C.F.R. 1024.39 ). 
XXXX XXXX XXXX XXXX XXXX lenders must not " breach the peace '' when repossessing vehicles. They may not physically or verbally threaten the debtor or coerce him to sign the voluntary surrender notice. If the repossession agent didnt follow the law when they took your vehicle, it may be considered unlawful vehicle repossession. Repossession agents must inform the local police of their intent to repossess a vehicle. 
The right to do so without using judicial process ended when we objected to the repossession, thereby disturbing the peace. These defendants acting under color of state law violated their constitutional right to due process. The Constitution requires notice and a prior hearing before a secured creditor or third party- agent acting on XXXX behalf in the repossession of a debtor 's property. The Fourteenth Amendment of the Constitution safeguards a citizen 's right not to be deprived of property by any state without due process of law, and the Amendment is violated only by conduct that may be fairly characterized as state action. XXXX v. XXXX XXXX XXXX, 457 U.S. 922, 924, 102 S.Ct. 2744, 73 L.Ed.2d 482 ( 1982 ). To establish a deprivation of property, a plaintiff must show that a person acting under color of any state statute, regulation, custom or usage deprived plaintiff of a right secured by the Constitution. See 42 U.S.C. 1983 ( 1994 ).

Statutory Notice. The Notice must set out certain information, such as the consumers right to reinstate the contract and the costs the consumer must pay to do so. The plaintiffs claim that XXXX violated the Act because its Statutory Notice did not meet a number of requirements : It failed to itemize certain fees. 
It did not provide all conditions that had to be met in order to reinstate the loan. 
It did not state the location at which the vehicle could be picked up. 
It did not provide notice that the 15-day period during which the consumer could reinstate the loan could be extended for ten additional days upon written request. 
The Rees-Levering Act also provides that if a company does not provide a proper Statutory Notice to a consumer, it can not collect a deficiency balance from the consumer. The lawsuit thus also complains that the company pursued the plaintiffs for deficiency balances that it no longer had any legal right to. 

Failure to notify me that XXXX has a class-action lawsuit What states are included in the settlement? You may qualify for relief if you were a resident of or purchased a vehicle in one of the following states when you got your XXXX auto loan : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
How do I know if I qualify for relief? 
o The categories of consumers entitled to relief have been established by this settlement, and the states are working to get eligible consumer-identifying information from XXXX to the settlement administrator. 
o Loan Forgiveness and Car Title : For the consumers who qualify for this relief, XXXX forgave the balance of the loans in XXXX, XXXX. Consumers who qualified for this relief will receive a notice from XXXX regarding this loan forgiveness, as well as title to the vehicle, via mail by the end of XXXX, XXXX. 
o We can not tell you for certain if you qualify for restitution or deficiency waivers yet. Check this website for updates. 
I have a XXXX auto loan that I am currently paying on. What should I do? 
o Even if you may obtain relief under this settlement, you should continue to pay on your loan unless and until you hear otherwise from XXXX. If you are unable to pay on your loan under its current terms, you can speak with XXXX about your options. 
Will all consumers who have or have had a loan with XXXX qualify for relief? 
o No. Only certain consumers who have a loan or had a loan with XXXX will qualify for relief under this settlement. 
o If you qualify for relief under this settlement, you will receive notice from either XXXX or XXXX XXXX, the settlement administrator for restitution payments. For an update on when to expect that notice, you should check this website. 
o The types of relief, and who will qualify for them, are detailed below. 
o Some consumers may receive more than one type of relief.

Consumers may be eligible for the following types of relief : 1. Restitution : XXXX must pay {$65.00} million in restitution to be divided amongst the 33 states and the District of Columbia. Over 265,000 consumers across the settlement states will be eligible for this restitution. 
a. Who qualifies? You must have a gotten a loan with XXXX between XX/XX/XXXX and XX/XX/XXXX and XXXX must have given you a certain internal score at the time you got the loan. Consumers will NOT know their own internal score. Additionally, neither states nor the settlement administrator know consumers internal scores. This is why consumers will have to wait for notice from the settlement administrator. 
b. How much will restitution be per consumer? The final restitution amount per consumer is not yet known, but the amount will be at least {$220.00} per consumer. 
c. When can I expect restitution? We do not yet have a date certain by which eligible consumers can expect a notice from the settlement administrator. Please check this website for updates. 
2. Deficiency Waivers : XXXX is required to forgive the remaining balance on certain loans. XXXX will also request that the loans be removed from consumers credit reports. As with Restitution, consumers who qualify for this relief will have to have a certain internal score. Consumers will NOT know their own internal score. Additionally, neither states nor the settlement administrator know consumers internal scores. Consumers who qualify for this relief will receive notice directly from XXXX, and not the settlement administrator. We will update this website when we know of an anticipated timeline for said notice. At a minimum, to qualify for this relief, you must meet the following : a. You got your loan between XX/XX/XXXX and XX/XX/XXXX ; and b. Your car was repossessed or your account was charged off by XXXX within the first 12 months after you got the loan. Making a late payment or missing payments does not qualify you for a Deficiency Waiver ; and c. You had a certain internal score. Consumers will NOT know their own internal score. Additionally, neither states nor the settlement administrator know consumers internal scores. 
3. Loan Forgiveness and Car Title : For certain consumers, XXXX is sending the consumer title to the car and has forgiven the balance of the loan. XXXX did this until the value of the total amount of loan forgiveness across the participating states reached {$45.00} million. XXXX will also request that the loans be removed from consumers credit reports. If you qualified for this relief, you should receive notice from XXXX by the end of XXXX, XXXX. 
The consumers who qualified for this relief :. Defaulted on the loan but the vehicle was not repossessed ; and b. Had a certain internal score. Consumers will NOT know their own internal score. Additionally, neither states nor the settlement administrator know consumers internal scores. 
XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, XXXX XXXX XXXX, IL XXXX I

Company response to consumer: Closed with explanation