Consumer complaint received 2023-02-17
Company: Americas Car-Mart, Inc.
State: TX
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:
XXXX : My name is XXXX XXXX and I am writing to file a complaint and request an investigation of my rights being violated that occurred XXXXXXXX.I understand that this is past the normal 180 days but I am asking for an exemption due to the fact that I was unaware of my rights being infringed upon buy CarMart, possibly XXXX XXXX  XXXX XXXX and the towing company the was working with CarMart until XXXX XXXX, XXXX. I found out that my XXXX XXXX XXXX XXXX was missing. I have been turned down for every car and line of credit possible trying to build up my credit so that I can get a car which I hadn't had since my car had been repossessed. I haven't received any correspondence from either dealership. CarMart where I had a XXXX XXXX XXXX XXXX XXXX which I owed about {$18000.00} and I had a XXXX XXXX XXXX XXXX XXXX XXXX XXXX. They were both behind on payments COVID was in full swing and I was also just out of the XXXX  fighting my XXXX claim. I was expecting them to come. I called XXXX XXXX XXXX to make arrangements for a voluntary repossession but they would say they would have to call me back but don't. 
On XXXX XXXXXXXX my daughter was staying the day with me and she came running into the house and said my car was gone. I already knew it was repoed. Somehow I got his phone number and was able to call him. He and his wife brought me my things out the car the next day, which I thought was really nice. I asked him if he just worked for Car Mart or did he work for different companies. He said that he worked for a third party towing company so he could pick up for anyone. Since he was nice enough to bring me my stuff and I knew the receive commission told him about my Harley.I told him were it was and asked him if he would be able to legally return it to the other company and he said yes and he would be able to look up the location to drop it off at so I didn't have to worry about that. I gave him the storage unit place XXXX XXXX XXXX FXXXX XXXX  TX, XXXX. I gave him the XXXX XXXX under the impression that he was legally taking the XXXX back to the company and that was his profession or would have not given him the keys. After that I didn't hear anything else from Car Mart. Not how to get my car back, no notice of intent to sell property, no date/time/location/choice on sale, no judgment date to give the right for my day in court to settle if I wanted, no deficiency notice for me the chance to pay it before it went on my credit report. Not only Did they just throw it on my credit report before giving me the right to rectify it but they also put it incorrectly on one stating I still owed around & XXXX. Which violates Texas Administrative Code Title 7, Part 5, Chapter 84, Subchapter H ; where it states the creditor not only have to give the debtor notice 10 days before the sale of the vehicle, they have to let them have have the opportunity to get their vehicle back, and know when, where, and if the sale was done in a commercially manner. Causing this to be considered a wrongful repossession. 
I wouldn't have known they had done that to me if, because of being denied every time I tried to even get a secured loan I was denied. I called XXXX XXXX XXXX to find out the balance after they told me they would send me a bill when the motorcycle was sold when I called them and told them the bike was on the way. They also haven't sent me any type of correspondence bills, deficiency notice, or nothing. When I called them they said, You are 823 payments behind, are you calling to make a payment today? I told her no because the bike was repossessed almost a year ago. She tells me she will have to call me back but doesn't. 
I called XXXX which is the licensing agency for towing and the only license a repossession operator is required to have in the State of Texas and was informed that per regulation they have to inform the local police they are going to be working in the area. I called XXXX and XXXX Police to see if I could get the Towing company ; s information because I didn't have it anymore due to not knowing there was an issue. Both Police departments said that they were not informed on or around that date of any repossessions in the area. XXXX police officer incident # XXXX stated that I couldnt file a stolen car report because the bike was no longer my property. That as soon as it went into the custody of the towing possession it became their responsibility not mine. I called car Mart and XXXX XXXX and they both told me that it was my problem not theirs. Car Mart also said that the tow guy wasn't even their normal guy and didn't know who he was and it was definitely not her problem. 
As of right now XX/XX/XXXX The motorcycle is still missing, possibly stolen by the mystery towing company. That may or may not have a license because the manager hates my ex XXXX fiance and had her friend pick it up faking to be tow guy. I actually had no choice in signing the lease because its coerced debt but the manager didn't care. Violated my rights with a wrongful repossession, unfair credit reporting, and unethical business practices. XXXX XXXX XXXX billed me and had me in collections for almost a year if the towing guy was telling the truth. All over a vehicle they had. They also committed a wrongful repossession because they also didn't send me the notices and offer me the chance to rectify the loan. If XXXX XXXX XXXX was actually in the dark then they need to investigate and not tell me that they are not reliable for the bike and continue to bill me and keep me in collections. That is against the unfair credit reporting and unethical business practices. 
They violated and broke several more laws that I just can't think of but they are getting away with it. Noone is doing anything about it. I finally got away from one XXXX  relationship into being bullied again and feeling helpless. Not only did they take my car but they maliciously made sure that I couldn't get it back and made it where I couldn't get another one. At the time I just left the XXXX  unable to work waiting on my XXXX claim to be approved. I lost everything including my home. I slept in the XXXX for a little while. XXXX XXXX gave me a home and my United States XXXX % XXXX service connected XXXX came through for my 15 years of service to this amazing country. 
I finally got out of an XXXX  relationship but was bullied again and my rights taken away. Made to feel helpless because they have been getting away with it because important people that can help don't. It saddens me though because I had no idea that the very rights that I fought for and put my beautiful kids second for were trampled all over without even an eye blink. I had no idea. If they are doing this so easily to me, how many other people are they doing this too? I am requesting an investigation on the whole incident, a hearing on the tow company, and damages remedies. Thank you, for your time and any support that you may grant me in the future. 

XXXX

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