Consumer complaint received 2020-06-22
Company: Franklinton Pre-Owned, Inc.
State: NC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
I purchased a XXXX XXXX from franklinton pre-owned ( a buy here pay here dealership in my community ) in XX/XX/XXXX. I was building my own XXXX XXXX XXXX XXXX at the time. in XX/XX/XXXX, I was suddenly removed from my home ( marital sep and restraining order- both to my complete and under shock and dismay ) and always made payments on time and called the dealer/lien-holder to inform them of this change in my situation and we agreed to stay in touch on the issue, which I did. ) I had a lapse in auto ins on 2 occassions, but did call and restart the policy with no lapse in coverage, at who h point documentation was provided to franklinton pre-owned. 

in XXXX of this year ( covid19 lock downs, etc ), I was 12 days late making my payment and woke up one morn to find that my car had been repossessed ... this was shocking due to the covid situation. and the fact that the dealer never attempted to communicate whatsoever., and was already aware of my crisis BEFORE covid19. ( and my auto ins provider had already given a proactive five 2 month forebearance on my monthly premium for the months of XXXX and XXXX so this was not an issue. ) When I called them, and kindly asked what could be worked out- they said nothing and that I also had to pay a {$400.00} repo fee or lose car in 10 days. being that I had filed for UI and PUA and with no work- I could not get the car back. 

this was particularly heartless and predatory ( esp given federal amd state guidance ) on the impact of these practices during the epidemic as they had been advised to put a 90 day moratorium on such practices. ( i.e. : provisions applicable to creditors and collectors provides that it is unfair or deceptive for any creditor or debt collector to threaten or act upon : a new collection lawsuit ; garnishment, seizure, or attachment of the debtor 's wages or property ; a motor vehicle repossession ; a capias warrant ; a visit to the consumer 's household or place of employment ; or communicate in person with the consumer. ) REFER TO : XXXX suggests 16 actions CFPB should take, including moratorium on repossessions ( https : XXXX ) Reminding debt collectors that the Fair Debt Collection Practices Act prohibits any conduct the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt or any conduct that is unfair or unconscionable. 

I even sent a humble email reminding the lien holder that she herself experienced a 50b and respectfully requested any assistance that could kindly be extended. 

Not only did this dealer/lien holder knowingly practice these " unfair and unconscionable '' conducts - they attempted to shame me by telling me to " stop lying and get my XXXX together, '' as well as disclose private details and information about my business with them to at least three other individuals whom I did not authorize any such release of information to be shared. 

I find myself in the very unfortuitious situation of having nowhere else to turn to ask for any guidance and assistance in the resolution of these actions against me, and would be beyond grateful for any such assistance that can be afforded by your ( or other ) organization. 

Respectfully- XXXX XXXX XXXX XXXX

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