Consumer complaint received 2017-07-31
Company: Vital Solutions, Inc.
State: MO
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
In  XX/XX/XXXX , a repossession agent of  XXXX , MO contacted us regarding a   XXXX   XXXX   XXXX   that was financed by   XXXX   XXXX   in my name on  XX/XX/XXXX  advising that I was to leave the vehicle at   XXXX   XXXX   XXXX   in   XXXX   XXXX  , MO, that it would be checked in to the auction and that   XXXX   XXXX   would notify me in writing of the redemption/notice of right to cure. Creditor failed to send proper notice of sale or my right to redeem.
The said vehicle was then towed by   XXXX   XXXX   XXXX   of   XXXX   XXXX  , MO in XX/XX/XXXX  under the request of   XXXX   XXXX   XXXX  .   XXXX   XXXX   received certified mail on approximately  XX/XX/XXXX  ; failed to send notice of right to cure or redemption.
  XXXX   XXXX   called   XXXX   XXXX   on  XX/XX/XXXX  &  XX/XX/XXXX  wanting to charges according to the owner but never came to pick up the said vehicle. Again, failed to send notice of right to cure or redemption process.
Said vehicle was then sold at a private auction in XX/XX/XXXX  by   XXXX   XXXX  .
After said vehicle was sold,   XXXX   XXXX   failed to send the required deficiency notice, stating the amount that the lender had credited me from the resale as well as a cancellation notice of the original sales contract.
After many attempts to reach   XXXX   XXXX  , only to be shuffled around and not provided any documentation, I started receiving notices from Vital Recovery Services, LLC.. I had my wife call to see what was the account for and she was not only advised that if she did n't set up a payment plan on my behalf, they were going to not only sue me but my wife as well. Said vehicle was financed only in name before our marriage. As well as placing a garnishment on our wages and a lien against our taxes. She gave them banking information but advised that I would have to approve since the debt was not her name. My wife was advised that she was liable to the debt because we are married.
Again, did not receive any notice of right to cure or the deficiency notice.
On XX/XX/XXXX , I sent a formal letter disputing the debt under the laws of Missouri and UCC 9.506 as well as State RISA and MVISA statues, a deficiency can not claimed unless all of the required notices were properly and timely given and all of the allowable redemption and cure time limits were adhered to.
On XX/XX/XXXX , I received a letter from   XXXX   XXXX   that the repossession was in accordance with all state and federal laws. Letter states that I abandoned vehicle which is inaccurate due to their repossession agent out of  XXXX , MO stated the location of where to leave the vehicle. Letter also states that it was referred to an outside collection agency,   XXXX   XXXX   XXXX   ( "  XXXX  '' ) which is not the collection agency sending the correspondence.of money due.
I believe that I have been given the run around on the debt, lender did not follow UCC 9-506, UCC 9-611 & UCC 9-612.
  XXXX   XXXX   also failed to provide proof within 15 days of receipt of certified mail notice, received on  XX/XX/XXXX , the alleged claim of a deficiency will be considered null and void, and any continued collection activities or continued reporting of the invalid claim on my credit reports will be considered a violation of the FDCPA & FCRA.
In addition, singularly or severally failure to comply with the requests, I reserve the right to seek damages against all parties, under all available State and Federal statues and including but not limited to UCC 9-625 remedies.
Furthermore, the same information was provided to Vital Recovery Solutions LLC and received by certified mail on  XX/XX/XXXX  to stop all collections activities however they continue to submit payments to my financial institution causing stress and undue financial hardship. Vital Recovery Solutions has threatened my wife with actions that do not apply to her as I have the original contract.
The debt is reporting to my credit bureaus under   XXXX   XXXX     XXXX   XXXX   stated the Harvest Strategy Group is the outside collection agency and Vital Recovery Solutions LLC completely provided false and inaccurate information

Company response to consumer: Closed with explanation