Consumer complaint received 2017-05-23
Company: Bubba Hill Auto Plaza Inc
State: AL
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:
I am a XXXX veteran, XXXX XXXX, on a limited income, social security. On XXXX XXXX, 2016, I financed a truck at Bubba Hill Auto Plaza located in XXXX XXXX, Fl. The truck I financed was {$8400.00}, I put a down deposit of {$4000.00}, bringing the loan amount to {$4400.00}. I made all payments on the XXXX of every month in the total of {$350.00} for 7 months. XXXX XXXX, 2016, my mother was in a head on collision, in critical condition, rushed into emergency XXXX. The following morning, i drove to Bubba Hill Auto Plaza, made my XXXXr 2016 payment of {$350.00}, informed the employee of my mother 's condition, that my family and I would be driving the truck to Michigan to be with my mother. The young lady stated, that 's completely fine, my mother 's in her prayers, safe travels. My wife, XXXX young sons and me leave, in the truck, arriving from XXXX, Fl to Michigan the following morning. A week and a half later, it was storming, my family and I were leaving for Florida early the following morning. I pulled my truck into my mother 's car garage, shut the garage door to keep the rain from coming in as my wife and I loaded our luggage into the truck. As I brought more luggage from inside the house to the truck, I noticed someone manually pushing my mother 's garage door open. I immediately put the luggage down and grabbed a shovel, as the door opened, a repo truck was backed up to the door ( the truck had a tracker ) and it was the repo agent opening the garage. I immediately told him he must be at the wrong house as my mother owns her vehicles and my payments are current. He stated that Bubba Hill Auto Plaza placed the repossession order, on grounds we moved. I told him I did NOT move, I still live in XXXX, Fl and am leaving for XXXX, Fl early in the morning. He stated he had no say so, he has to repossess the truck, he began backing up farther to hook the truck up. I asked him to please give me a moment to contact the dealer, there must be some confusion. I immediately called Bubba Hill, I asked to speak with a manager or owner, a gentleman answered stating he is the manager. I informed him of the current situation, how my mother had been in a head on collision and how I previously was in their dealer informing them I was driving the truck to Michigan. He asked for my information, to see what was going on, he stated he was going to put me on hold and make a quick call. A few minutes later, he returned on the line, he stated that the gentleman that ordered the repossession was not in his office nor able to be contacted. The manager apologized profusely while stating they could not stop a repossession order once it has been placed, I explained to him that I had no other means of transportation to get my children, my wife and myself home, we will be stranded. The manager again apologized, said he guarantees he will refund my full down deposit of {$4000.00}, he 's " writing it down now ''. I told him I was in the process of purchasing my home I am renting, using my VA home loan, if a repossession were to go on my credit, I will be denied the home loan. He stated by no means is this my fault, nor will it reflect negatively on my credit, they will absolutely not report a repossession on my credit and he gave his word, once again, I will receive my full down payment back. He asked to speak with the repossession agent to ask him a few questions. As the repossession agent was speaking with the manager, my wife got into the truck and began unloading bags. She also took the original contract out of the glove box as she previously stated she did not trust the manager. She managed to get everything out within a few minutes, the repo agent, still on the phone with the manager, gets into the truck, opens the glove box, says, " I do not see it. '' The phone call ends, the repo agent leaves with the truck, with everyone in our neighborhood now watching. Later that day, my father agrees to lend me his van, to drive back to Florida as, he will be flying into XXXX, Al in 2 weeks, to meet him at the airport with his van. We drove his van home, to XXXX, Fl the following morning. We returned XXXX XXXX XXXX XXXX the following day, unpacked a few things, put our children to bed as well as ourselves. Around XXXX XXXX XXXX XXXX, I called Bubba Hill Auto Plaza, asking if the manager I had previously spoken with was in his office yet? The young lady stated I had n't spoken with a manager, I, in fact spoke with the owner. She stated he is n't in, she will have him call me once he is. Hours go by, no call. I call Bubba Hill around XXXX XXXX XXXX XXXX asking if the gentleman is in his office yet? The employee took my name, I was put on hold and the employee said " No, he is not. '' He will call you once he is. I stated I am home, XXXX, Fl., I will come to the dealer the following morning. An half hour later, the man I presumed manager, which, in fact, is the owner, calls and asks how can he help me? I told him again who I was, the repossession in Michigan only a day and half prior and how he guaranteed my down deposit back. I asked him when would I be able to come pick up the down deposit? He stated " you wo n't, you moved, that 's against our terms. '' I stated I did not move, I am in fact home, in XXXX, Fl., to feel free to come to my house to see for himself, that I was only visiting Michigan for my mother who was hurt. He stated a employee drove by our house and no one was home. I stated of course no one was, we were in Michigan as I previously told the young lady in your office. He stated weather we visited or moved is not his problem but, they are a " buy here/pay here '' meaning they abbide by their own rules, they need no reason to repossess one of their vehicles if they wish. He also stated he would not refund my down payment, I should have not drove " their vehicle '' out of state. I told him I have the original contract, have read over it numerous times, no where in the contract does it state you can not drive the vehicle out of state to visit family nor does the contract state Bubba Hill Auto Plaza can repossess with no cause. He stated I have 24 hours to return his contract, once they repossessed the truck, the contract goes back to him, I said " No sir, I am keeping it, it is mine. '' He stated he could have me arrested for stealing his property if the contract was not returned immediately. I again stated, " No sir, this contract belongs to me. '' He hung up on me. I waited a few moments, called back, asking to speak to another owner or manager, the young lady stated that no one is to take any further calls from me in their office and hung up. I called lawyers who stated Bubba Hill Auto Plaza has a corrupt reputation of prying on those with little to no money. The lawyers wanted a sizeable down payment yet, living on a fixed income, it was not possible. 3 months later, I began my Va home loan process, I was denied and informed a repossession had been placed on all XXXX credit reports as well, as a 30 days late payment from Bubba Hill Auto Plaza was placed on another, I was never late. I immediately called Bubba Hill as me being denied our home means we will now have to move out of our house as it will be placed for sale. A employee at Bubba Hill Auto Plaza answered the phone, I asked to speak with a manager, owner, anyone in charge. She placed me with a gentleman in finance, I told who I was, the entire ordeal and how the owner stated I would receive my down payment back as well as, the repossession would NOT be reported on my credit as it were not my fault. The gentleman stated the truck sold and the amount listed is what I owe, I asked what the truck sold for as on my credit, it is {$2800.00}, after my deposit and all payments I paid {$6400.00}, on a {$8700.00} loan, leaving a balance of {$2200.00}. Bubba Hill Auto Plaza violated Florida Statute 537.012 ( a ). Bubba Hill Auto Plaza mailed a letter nor informed me of their intent as to keep the truck or sell it. After the vehicle had sold, Bubba Hill Auto Plaza never sent me a letter nor informed me that the truck had sold and amount sold for along with my remaining balance. Bubba Hill Auto Plaza also violated the Florida law stating the sale of the repossessed vehicle must be commercially reasonable. The amount reflected on my credit report as owed to Bubba Hill Auto Plaza in fact, does not reflect the vehicle had sold, the amount listed is more than I owed even though, the finance gentleman at Bubba Hill Auto Plaza states the truck has sold. Bubba Hill Auto Plaza is intentionally violating the Florida laws and statutes put into place to protect the consumers, by falsifying documents as well, as conducting illegal repossessions. I ask for my full down payment of {$4000.00} as well, as the negative repossession and 30 days late removed from all XXXX of my credit reports as they are untrue and fraudulently claimed. It is my goal to ensure no other veteran, senior citizen or hard working man or woman is featured as I was.

Company response to consumer: Closed with explanation