Consumer complaint received 2023-06-28
Company: Americas Car-Mart, Inc.
State: KY
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
My vehicle illegally repossessed on or about XX/XX/2023, all because they claimed that a check I wrote them on XX/XX/XXXX " bounced '' and was returned for insufficient funds. However, I have documented evidence and testimony of the branch manager from my bank proving the check DID, in fact, clear the bank on XX/XX/2023 and payment was sent to Car-Marts bank on the same day. On top of repossessing my vehicle based on INCORRECT information, they've tacked on several hundred dollars worth of fees and charges, and now want me to pay {$1000.00} to get my car back, when I've NEVER missed a payment and have always paid on time. I have three times emailed them letters with copies of the check which cleared my bank on XX/XX/2023, and I have called them numerous times ( even corporate ). However, they refuse to acknowledge this payment was made and that they never should have repossessed my vehicle in the first place. They claim that even my " evidence '' ( the canceled check and my bank statement ) " could have been altered or created by me and that my bank told them the check bounced. The few times I was able to reach anyone by phone ( someone named XXXX, and someone named XXXX, among others ), I was talked down to, spoken to with disdain, hung up on, and cut off repeatedly. When I finally got to the level of talking to " XXXX and XXXX, '' they asked me to get my branch manager on a three-way conference call, but less than 10 minutes later, when I did just that, they stopped answering my calls, and since then, theyve not picked up a single call Ive placed to them ( clearly, based on caller ID ). They refuse to acknowledge my letters ( 2 so far ) sent by certified USPS mail, the 3 or 4 emails Ive sent to their corporate headquarters/legal office/board of directors , and they now won't even take my calls. I am now without a vehicle right after being diagnosed with XXXX, and because of the horrible treatment and lies promulgated by this company, I have to hire people to take me to my XXXX  and doctor 's appointments. This is entirely unfair, unethical, and questionably legal considering I have made ALL payments as scheduled and ON TIME since first purchasing the car back at the end of XXXX. This all stems from check # XXXX, dated XX/XX/2023 for {$380.00}, which cleared the bank on XX/XX/2023. But Carmart inaccurately noted the payment as having not been received due to " insufficient funds, '' and after that, they refused to cash my second check or take subsequent payments. This despite me repeatedly showing them documented evidence that the check DID IN FACT clear the bank days after it was written. Had they not made such a huge mistake OR if they were willing to admit they did make the mistake, everything that followed that check would not have happened, they'd have received all subsequent payments, and I'd still have my car. What blows my mind is the absolute juvenile behavior by everyone at this business, not just in refusing to accept black and white evidence OR the testimony of my branch manager but in their childish refusal to acknowledge me, let alone talk to me by email, letter, or phone. I did NOTHING wrong. I've paid my bills on time every time, and the car was repossessed wrongfully and illegally. And I want everyone to know about this so it doesn't happen to anyone else in the future.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation