Consumer complaint received 2019-05-07
Company: General Motors Financial Company, Inc.
State: NY
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Problem while selling or giving up the vehicle

Complaint:
complaint against : GM Financial XXXX GM repossessed a car that was deemed t otaled after an accident XX/XX/XXXX. Payments were up to date ( actually a payment was not due until XXXX of XXXX ) Car was repossessed at a salvage yard on XX/XX/XXXX. There was approx. {$2800.00} or less owed on a {$28000.00} loan and as I stated PAYMENTS WERE UP TO DATE ... NOT IN DEFAULT. My daughter purchased a XXXX XXXX XXXX in XXXX of XXXX, I cosigned for her. SHe was involved in an accident in XX/XX/XXXX when she was rear-ended by a driver with no insurance, suspended license. XXXX, the insurer of the car, deemed my daughter a non-covered driver and would not pay damages to car. PAYMENTS WERE CONTINUOUSLY MADE ON TIME TO GM FINANCIAL. Car was towed to her rented home to avoid impound fees ( which I paid around {$200.00} to get out the day after. ) GM had sent an appraiser out to inspect the care, it was deemed a total loss, as it was by XXXX. In XX/XX/XXXX, XXXX paid my daughter some money towards medical bills and lost waged, as I had uninsured motorist coverage. We tried to settle on a payoff amount to pay off vehicle, GM would not settle for less, we agreed to pay balance, and sent them {$9500.00}, leaving a little over {$3000.00} ... payments were not due until XXXX, I made an additional payment of {$350.00} on XX/XX/XXXX. My daughter who lives in Florida, this is where the accident happened and where the vehicle was, lives in a rented home. The car which was totaled sat in her front yard for a year. Her landlord was threatening to evict her if the car was not moved, so she called someone in the local paper to have it scrapped. The person who picked up the car, was aware she did not have the title. ( XXXX XXXX, XXXX XXXX ) My daughter asked if she should call GM Financial, he stated he would send a letter to them as required by law. I spoke with XXXX on XX/XX/XXXX and he stated he did not act a repo agent and did not bill GM Financial for storing the car, as I was told by GM Financial that he was acting as a repo agent and he did bill them for storage. GM informed me that as soon as my daughter had the car picked up it was a voluntary repossession. We were both unaware of this and since we were not in default of payments and my daughter was in danger of eviction from her home, she did not realize this would be the case. WE had full intention of paying off the vehicle when my daughters taxes came in and I made a good faith payment in XXXX when we found out the refund was going to be delayed. I was never notified until after the fact by letter and if they would have contacted me, I would have paid balance to clear title. I contacted GM on XX/XX/XXXX after I received letter and again on XX/XX/XXXX. On XX/XX/XXXX both my husband and I were on the phone for over 3 hours, transferred to multiple departments. The employees were very rude, raising their voices to us. Many times throughout the call, we were transferred to different departments that stated " we cant help you, the records are in such and such dept '' Many times during the call I was told thin '' gs that were not true or contradicted a previous statemtent. I was also told when I stated it would have been good customer service to call me to let me know that this was going to be a repossession, they stated '' If you had been in collections, we would have called you a couple times a day '' Also stated 'when your daughter called us, we told her it would be a voluntary repo '' but just prior to that, I was told " if you or your daughter would have phoned us ... '' They also stated that " when we were called to pick up the vehicle '' They were not called by anyone, GM responded to a letter sent by the person who picked up the junk car and called XXXX   XXXX to make arrangements to pick up. I was told multiple times that the vehicle was going to be sold at auction ... I kept asking if they realized the vehicle was a total loss, they would not respond. I was finally told that " if you read the fine print, you would see you were in violation '' GM offered to send copy of contract and as of this date, I have not received it. I verified my NY address with the person at GM. So basically, overnight, they took the totaled vehicle on a flatbed, charged me the repo fees and placed a repossession on my credit report. My credit score went down 100 points overnight. I have full intention of paying off the amount due on the contract of the car, but I WANT THE REPOSSESSION OFF MY CREDIT REPORT as at no time whatsoever were were informed or stated we were in agreement to a voluntary repossession. 
Desired Resolution : Correction to a credit report Desired Outcome I want the repossession removed from my credit report and my daughters credit report.. 

Complaint Detail Date of Transaction : XX/XX/XXXX Date of First Problem/Issue : XX/XX/XXXX Have you complained or contacted the business? Yes Date ( s ) Complained : XX/XX/XXXX Date ( s ) Complained : XX/XX/XXXX Amount disputed : XXXX Product/Service : XXXX XXXX XXXX Order, Contract, Account, or Policy Number : acct # XXXX

Company response to consumer: Closed with explanation