Consumer complaint received 2023-06-12
Company: DRIVE NOW ACCEPTANCE LLC
State: IL
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:
Here is a draft complaint letter for the CFPB regarding Drive Now Acceptance : Dear Consumer Financial, I am writing to file a complaint against Drive Now Acceptance ( DNA ), located at XXXX XXXX XXXX, XXXX XXXX, IL XXXX, for violations of the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), and consumer protection laws regarding debt collection and [ wage garnishment. 

My wife and I purchased a vehicle from XXXX XXXX XXXX, an affiliate of DNA, on XX/XX/XXXX. The term was 44 months. In XX/XX/XXXX, I became ill with XXXX and contacted DNA to voluntarily surrender the vehicle due to financial hardship. DNA instructed us to return the vehicle to XXXX XXXX XXXX, which we did. DNA  confirmed they received the vehicle and closed our account on XX/XX/XXXX. 

Despite voluntarily surrendering the vehicle and closing the account, DNA  reported the account as a " repossession '' on our credit reports in XX/XX/XXXX. When we disputed this with the credit bureaus, DNA  changed the report to " '' but then re-reported it as " repossession. '' They have failed to provide any documentation validating this debt, as required under the FCRA. 

Most egregiously, in XX/XX/XXXX, DNA illegally garnished my husband 's wages without any notice or judgment, in violation of debt collection and wage garnishment laws. They then returned a portion of the garnished wages without any explanation. We never received any court documents regarding a judgment for this debt, and court records show no such judgment exists. 

DNA  has violated the following laws : The FCRA, by reporting invalid repossession information, failing to conduct a reasonable investigation of our disputes, and failing to provide documentation validating the debt. 

The FDCPA by engaging in unfair debt collection practices, failing to provide required disclosures and notices, and illegally garnishing wages without proper legal judgment. 

Other consumer protection laws ] regarding debt collection and wage garnishment procedures in Illinois. According to my credit report there's a balance of XXXX. I have no documents or paperwork to validate this. Was the XXXX sold? I have the right to have documentation regarding the sale price. Was the amount deducted from the balance? It doesn't appear so. If it hasn't been sold, where is it? Please provide me with documentation. 

We have been denied a mortgage, it's been an embarrassment to us. I received a mortgage denial today because of the " repossession '' We demand that DNA  immediately correct their credit reporting to remove any reference to repossession, provide documentation validating this debt, return any illegally garnished wages, and be held accountable for violating the law and harming consumers. Please conduct a full investigation into this complaint and take action against DNA  to stop their unlawful behavior.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation