Consumer complaint received 2023-05-18
Company: Consumer Portfolio Services, Inc.
State: AZ
Product: Vehicle loan or lease
Sub-product: Lease
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
On XX/XX/XXXX XXXX I woke up to my car not in my parking spot. I did not recieve any written notification indication that my car would be repossessed. Nor did I give permission for my information to be sold. I sent you all a 1099 A the 1099 c will be sent tomorrow via mail. I made payment arrangements with my account manager to lower my payments and get me caught up however after telling CPS I was insolvent they still repossesed my car. I would like to start by addressing 18 U.S. Code 8 - Obligation or other security of the United States all debts are to be defered to the United states. I would like to address this as a billing error dispute. I will be notifying Consumer Portfolio Services and all of its subsidiaries via mail of this dispute. 15 U.S. Code 1637 - Open end consumer credit plans, with this being violated along with many other CFR and USC laws such as 15 U.S. Code 1606 - Determination of annual percentage rate ; 15 U.S. Code 6803 - Disclosure of institution privacy policy ; 15 USC 1662b - Advertising of downpayments and installments.

Pertaining to 15 U.S. Code 6802 ( b ) ( 1 ) - Obligations with respect to disclosures of personal information. A financial institution may not disclose nonpublic personal information to a non affiliated third party. I was not informed with a written notice saying CPS was going to give my information to..

15 U.S. Code 1692 - Congressional findings and declaration of purpose ( a ) Abusive practices Consumer Portfolio Service Stole my car. I made pay It's illegal for a debt collector to repossess a car ; only the sheriff or deputy of court ( by showing you proof ) has the legal right to repossess a car. The repossession of my car was a violation. 15 usc 6802 talks about disclosure of information, I did not give anyone permission for my information to be disclosed to I did not get a clear and conspicuous written statement with an explanation about how my non-disclosure options could be exercised for opt-ing out of sharing my personal information from XXXX XXXX XXXX XXXX nor Consumer Portfolio Services , Inc. CPS still chose to report it on my credit report.

15 U.S.C. 1692d talk about the Harassing or Abusive Practices in which I was subject to from Consumer Portfolio Services, INC. Also pertaining to15 U.S.C . 1692c ( b ) Communications Connected with Debt Collection. The several times that CPS called me thereafter in reference to this is a violation and I demand XXXX $ for each phone call. False or Misleading Representations 15 U.S.C. 1692e, the fact that CPS is trying to collect a debt, and has called me several times referencing just that is illegal and I request remedy.

According to 15 U.S. Code 6803 - Disclosure of institution privacy policy, as stated above My personal information was sold to a third party and that is a violation and I request remedy.

According to 15 U.S. Code 1692j - Furnishing certain deceptive forms you are performing racketeering activity see 18 usc 1961 ( 1 ). Fair Trade Commission Act 16 a 1 - ( 1 ) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.

Fair Trade Commission Act 5 a 1 says 1. Consumer Protection. Section 5 ( a ) of the FTC Act provides that unfair or deceptive acts or practices in or affecting commerce... are... declared unlawful. 15 U.S.C Section 5 ( a ) of the Federal Trade Commission Act ( FTC Act ) ( 15 USC 45 ) prohibits unfair or deceptive acts or practices in or affecting commerce. This prohibition applies to all persons engaged in commerce, including banks. Section 5 of the Federal Trade Commission Act ( FTC Act ) ( 15 USC 45 ) prohibits ''unfair or deceptive acts or practices in or affecting commerce. '' The prohibition applies to all persons engaged in commerce, including banks. Pertaining to 15 U.S.C. 1692f Unfair Practices. Which can be cross referenced with 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

It was illegal for Consumer Portfolio Services, INC. to have sent XXXX to come and repo my car. There was no court order nor did I have a contract with the people who stole my car. I have a contract with cps not Consumer Portfolio Services, INC. stole my identity. Cps exposed my information to According to 15 usc 1605 - Finance charge - the sum of all charges is completely incorrect ; my insurance was not included nor was my warranty included in the sum of all charges.The finance charge was to also include my down payment which it did not because I paid XXXX $ out of pocket. Pertaining to 15 USC 1662b the Advertising of downpayments and installments is illegal.

CPS set up a payment plan with me to get me caught up on late payments and my car was still repossessed. That is also considered illegal.

According to the FDCPA these are all violations and because of these violations I would like to rescind my contract upon breaching. Pertaining to 12 CFR 1026.23 - Right of rescission.

Company response to consumer: Closed with explanation