Consumer complaint received 2017-12-06
Company: General Motors Financial Company, Inc.
State: NM
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:
DISTRICT COURT : FIFTH XXXXXXXX XXXX, NEW MEXICO XXXX XXXX XXXX, XXXX, NM XXXX Plaintiff : AmeriCredit FXXXX XXXX XXXX XXXX XXXX GM Financial Vs. 
Defendant : XXXX XXXX File # : XXXX Case # : XXXX XXXX XXXX, XXXX This is a response letter in reference to a summons letter I received on XXXX. This summons claims I owe the plaintiff XXXX. This also serves as a dispute letter to GM Financial and submission of complaint with the Consumer Financial Protection Bureau. 

GM Financial failed to follow legal procedures in repossessing the used XXXX XXXX XXXX. GM Financial practiced Unlawful Repossession procedures : 1. I was not in default on the car loan. GMs account payment history does not reflect payments made on XXXX/XXXX/XXXX for {$520.00}, XXXX/XXXX/XXXX for XXXX, and XXXX/XXXX/XXXX for {$260.00}. I have included proof of those payments reflected from my bank statement. 
2. GM Financial failed to send proper notification/written notice/phone contact for pending repossession activities.

3. Breach of Peace : GM Financial hired a towing company to repossess the vehicle. The towing company forcefully broke a lock on my front gate to get to the vehicle and entered my property. The towing company smashed the trunk of the vehicle with the tow hitch. The towing company threatened XXXX and force in taking the car-told me to get out of the way or they would hit me. One of the men had a large wrench in his hand and was  menacing me with it. The other was in the towing truck. The towing company representatives appeared intoxicated at the time, so out of fear for mine and my familys safety, confrontation was not engaged. The representatives did not allow me or my spouse to remove items from the vehicle before taking it forcefully. 
4. The towing company damaged the XXXX XXXX extensively during towing. They smashed the trunk of the vehicle and the left rear end of the vehicle. ( XXXX claim # XXXX ) 5. While towing the vehicle, the towing company further damaged my truck that was parked near the towed vehicle. ( XXXX claim # XXXX ) 6. I called GM Financial to ask what I could do to re-cooperate the vehicle. The amount they requested was more than $ XXXX total amount that was owed on the vehicle. I was also told that I would be responsible to cover the extensive damages that the towing company did to the vehicle. They told me I would have to seek other financing means. I felt at the time, that the vehicle would not appraise correctly due to the extensive damages that was caused to the vehicle by the towing company. They failed to acknowledge payments made on XXXX and XXXX. 
7. GM Financial failed to return personal property that was left in the vehicle. ( XXXX presents and personal property were in the trunk of the vehicle ). 
8. The vehicle was sold extensively damaged. The vehicle was in pristine condition prior to the towing company damaging it. The vehicle appraised and sold for much less than it should have due to the damage inflicted by the towing company. 

GM and their repossession agents tactics are vile and unlawful. I refuse to pay for a balance on a vehicle I no longer possess ; a vehicle that was extensively damaged by their agents-therefore appraised and sold at a lower price. GM and their agents heinous acts are unlawful-I never received documentation or notification that the car was being placed for repossession. GM failed to acknowledge the vehicle was not in default. The companys agents broke and entered my property, then were threatening to mine and my familys safety. These actions were emotionally damaging to myself and my family-they repossessed the vehicle on XXXX XXXX, XXXX with the XXXX holiday just days away. I was not able to re-cooperate or replace XXXX gifts that were in the trunk of the vehicle. All this unnecessary grief and anguish over a vehicle that was not even in default. My credit has been damaged for 2 years without reprieve due to incorrect information provided to the credit bureaus by GM and affiliates. If anything, I feel I am owed and have been severely wronged by GM and its affiliates.

I demand these charges be dropped immediately. I demand that GM and its affiliates submit corrected information to the 3 credit bureaus-as the vehicle was never in default. Otherwise, I will pursue my right to countersuit for statutory damages to my credit, multiple property damage, breaking and entering, emotional and financial distress. 



XXXX XXXX Attachments to follow : Bank statement reflecting XXXX and XXXX payments XXXX XXXX # XXXX and # XXXX CC : XXXX XXXX : XXXX XXXXXXXX XXXX, New Mexico XXXX XXXX XXXX, XXXX, NM XXXX CC : Consumer Financial Protection Bureau Complaint # : CC : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, NM XXXX

Company response to consumer: Closed with explanation