Consumer complaint received 2020-09-03
Company: AMERICA FIRST FEDERAL CREDIT UNION
State: UT
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Denied request to lower payments

Complaint:
Refer to the initial CFPB complaint against America First Credit Union on XX/XX/2020 XXXX. America First responded on XX/XX/2020 at which time the complaint was closed. The last thing I heard from XXXX XXXX about the XXXX was that the sale was put on hold and I just found out yesterday that it was sent to auction and all my items have been disposed of. I was never provided with the Intent to Sell document that she had provided to me in the response to the complaint filed by me in XXXX. I have emailed the Attorney General which I will copy it into this complaint so you can see why America First has violated my right to financial privacy on several occasions. Per the Repossession law.. I was supposed to be notified with the Intent to Sell information which I wasnt so they took the right for me to make a decision on if I wanted to pay it or let it go to auction as well as information as to where and when the auction is to take place. I didnt get the chance to get my personal items which did include sensitive and confidential documentation. I will paste the emails that I have sent to The Attorney General below. 


From : XXXX Date : XX/XX/2020 at XXXX XXXX  MDT To : XXXX Subject : America First Credit Union Repossession Error. 

Good Afternoon, My name is XXXX XXXX and I have had an ongoing issue with America First Credit Union for 7 months now regarding my vehicle being repossessed in error. My husband lost his job in XXXX of this past year and we did fall behind on all of our bills even to the point that we got evicted from the home we lived In because my income was not enough to cover all our expenses. Both my husband and I had vehicles financed through America First Credit Union and due to the fact that we lost such a substantial amount of money, he talked to America First Credit Union about doing a loan modification for the vehicles. My husband has most of the details and the email form for the loan modifications. My husband was advised that we needed to pay one payment on the vehicles and the loan modification would be sent over to the correct department that handles processing the paperwork. We did not receive any documentation that the modification was denied so we figured all was good and that was one less worry on our plate. My cousin was generous enough to let us stay at his home for a few weeks which was also a relief. So now down to the actual issue Im emailing you about. My husbands vehicle had a flat tire so he needed to drive my XXXX to work. This was on XX/XX/2020. He went out for a break and my XXXX was gone. With only a phone call to America First Credit Union he was advised that the XXXX had been repossessed for non payment. My husband inquired about the loan modification paperwork and after several and I mean several phone calls it was admitted that the teller misplaced the paperwork. We have been dealing with this since XXXX when it was repossessed. I can not tell you how many phone calls but probably in the 100s that my husband had made to them and on about 4 different occasions we were told that under the different stipulations by different agents that I could get the vehicle back. I actually ended up filing a complaint with the CFPB and as of now the case is closed and nothing has been resolved. I will gladly email you a copy of my complaint as well as America First Credit Unions response to the complaint. I called her to have her explain to me why her response was what it was. The response consists of nothing but lies and when I questioned her about the response she kept saying that their systems show nothing of my husband going in on XX/XX/2020, that their systems indicate that in XXXX when my husband turned in the second loan modification that it was said I was not interested in keeping the vehicle because they were not willing to release it. I can forward you a voicemail of XXXX XXXX who is the primary contact I have not had the pleasure in dealing with going into depth about my complaint and of course since it was a voicemail there is no verification she just went on about it all. Yesterday when I called her she did not verify me either. My husband had called numerous of times and spoke to different agents who did not request verification from me. The list goes on and on.. somehow they dont have the video of my husband going in on XX/XX/XXXX but they do have the XX/XX/2020 video. They have admitted it was their error in misplacing the original paperwork so I requested my loan be for given after 7 months and it be released to me which they are refusing to do. All XXXX says is their systems this and their systems that and I am curious as to what systems they have that they are basing this huge lie they are continuing to battle with me. I truly believe that they have attempted to dispose the evidence and are not aware that everything is recoverable. Like I mentioned there is so much more that I am happy to share. Im hoping you can help me. My phone number is XXXX. If I dont answer, I will take a break and call you back. Thank you for your time. 

Sincerely, XXXX XXXX This is the second one that I sent yesterday XX/XX/2020 Good Evening, I am reaching back out to you in regards to the first email I sent back on XX/XX/2020. I was referred to you to help me with this so I emailed you. I know with everything going on in the world right now things may have a longer response time however, This issue has now escalated to the point where the XXXX was sent to Auction, all my belongings that were in the XXXX  have been disposed of. There was a primary point of contact which was Ms. XXXX in the Complaints Management department. Again, back when I received the complaint response she sent a Intent to Sell letter dated on XX/XX/2020 which I actually never received otherwise I do not know why she mailed that to me but moving on. I have the voicemail from her back in XXXX stating that there is a hold on the XXXX from being sold or auctioned which obviously dismissed the Intent to Sell documentation they have dated XX/XX/2020. Ms. XXXX failed to tell me that the XXXX was released to send to auction, my belongings are gone which some of them have confidential information on them and I was not informed of any of this. My husband called the Lost Recovery Repossession lot for America first. This should never have happened in the first place but the Credit Union and Ms. XXXX have continued to break the law by not notifying me that it was being sent to auction and I had a window to which I could get my belongings, I received nothing about the auction information as in where it will be auctioned at and what date and time. I have filed a complaint with the FTC and again referred to you for a resource that handles these issues. I do have a medical condition that has worsened during this 7 month time frame and it continues every day when some else pops up and now the vehicle is gone, my stuff inside is gone without any warning at all. These people have violated my financial privacy on multiple occasions, Ms. XXXX cut off all communication after the complaint process was closed so therefore again the repossession laws were violated because I was not notified of anything regarding the sell or auction of the vehicle. After the complaint was closed I did tell her that the issue is not over because I was done so dirty on this and that I was not done with them and I will escalate higher so she needed to not do anything with the Jeep or my belongings inside it which America First Credit Union just dismissed my request and now it is gone ... Again, I was referred to you for assistance because all of the violations the Credit Union has against them from what they have done. Do you help me? This is a big deal, so many illegal acts and unethical practices from them. With all of the madness in the world right now, this should not be happening and if they get away with doing it to me chances are they have and will continue to harm other people in this manner. You, Sir are the top person to go to and I need your help. I am emotionally drained, my medical condition has been pushed off the ledge but I will continue until someone confronts them and punished them for their actions. 

Sincerely, XXXX XXXX I have filed a complaint with the FTC as well. I am filing another one with you and maybe it can be escalated to the CEO Mr. XXXX XXXX. I want Ms. XXXX XXXX to be held personally accountable for the not only violating my federal rights but as well as violating State Laws regarding repossessions. In this next statement I will not give my 100 % that this happened but I do believe that America First Credit Union has attempted to erase or delete some conversations my husband had over the phone with different representatives as well as the video surveillance from XX/XX/2020 when my husband went into the XXXX branch to turn in the loan modification paperwork that was misplaced therefore the Jeep was repossessed. The only reason I would even mention this information to you is because XXXX XXXX told me that they do not have and did not through their entire investigation have the video surveillance from XX/XX/2020 but that they do have the video on XX/XX/2020 when my husband took the loan modification paperwork into a branch. The Credit Unions response to the CFPB complaint filed by me back in XXXX is just a bundle of lies which they have no evidence to back it up. They have violated violated both Federal and State laws which they need to be held accountable for. I know that they will see this complaint because they need to know who I have contacted and my next step is to reach out to the Attorney General for the United States, Mr. XXXX XXXX XXXX if this is not handled swiftly. And the individuals who have been appointed as the team that led up to this point are disciplined appropriately and lawfully.

Company response to consumer: Closed with explanation