Consumer complaint received 2017-08-15
Company: BANK OF THE WEST
State: NC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
XXXX XXXX XXXX Vin XXXX Bank of the West loan I purchased a XXXX XXXX XXXX  that Bank of the West financed in XX/XX/XXXX for {$110000.00}. The loan originated with XXXX XXXX The vin is XXXX. Ive never been able to get mytags for the vehicle because it is still titled in the state of AL. I live in NC and lived in NC when I purchased the vehicle. The title Bank of the West holds is for a XXXX XXXX XXXX which is an incomplete vehicle. Bank of the West and XXXX XXXX refuse to address the issue. The contract that Bank of the West purchased says they have the right to demand XXXX XXXX purchase the contract back if the lien is n't perfected. It is n't. Title 49, Code of Federal Regulations statesthat anIncomplete Vehicle isan assemblage consisting, at a minimum, of chassis ( including the frame ) structure, power train, steering system, suspension system, and braking system, in the statethat those systems are to be part of the completed vehicle, but requires further manufacturing operations to become a completed vehicle. ( XXXX ). The incomplete vehicle type is identified bythe 5th, 6th, and 7th digits of the Vehicle Identification Number ( VIN ).
My financing contract, which Bank of the West purchased, states that the contract must be purchased back by the dealership if the lien isnt perfected. Ive tried to work this situation out with Bankof the West but havent been able to do so. The collateral protection division hasnt done anything with my inquiry/complaint and the dealer division said all is good ( which they protect the interest ofthe dealerships ). - If you do a vin search it shows the title in the State of Alabama - I cant get my tags in NC because the vehicle isnt in my name The title that Bank of the West holds violates theNational Traffic and Motor Vehicle Safety Act of 1966. It also makes it where I cant get tags for my vehicle because its illegal to put tags on a vehicle that doesnt meet federal guidelines. The vehicle has also had a recall on it but Ive never been notified because Im not he registered owner. If you do a national vin/title search the vehicle is still owned by an Alabama resident. The recall is for the wiring harness that states Hazard : A DAMAGED WIRE HARNESS CAN RESULT IN AN ELECTRICAL SHORT, RESULT IN INTERMITTENT OPERATION OF ELECTRICAL SYSTEMS VEHICLE " SHUT DOWN '', AND/OR LEAD TO A FIRE, AND MAY RESULT IN LOSS OF VEHICLE CONTROL, INJURY, OR DEATH. XXXX ( Published by NHTSA on XXXX ) Recall Summary : XXXX XXXX IS RECALLING CERTAIN MODEL YEAR XXXX XXXX XXXX, XXXX AND XXXX XXXX XXXX MOTOR HOMES BUILT ON XXXX CHASSIS AND MANUFACTURED FROM XX/XX/XXXX, THROUGH XX/XX/XXXX. CERTAIN MODEL YEAR XXXX XXXX AND XXXX XXXX XXXX MOTOR HOMES BUILT ON XXXX CHASSIS AND MANUFACTURED FROM XX/XX/XXXX THROUGH XX/XX/XXXX ; AND CERTAIN MODEL YEAR XX/XX/XXXXXXXX  AND XXXX XXXX XXXX XXXX HOMES BUILT ON XXXX CHASSIS AND MANUFACTURED FROM XX/XX/XXXX THROUGH XX/XX/XXXX. A WIRE HARNESS THAT IS ROUTED UNDER THE MOTOR HOME, NEAR THE CHASSIS RAIL, CAN CONTACT A HEAT SHIELD LOCATED NEXT TO THE PASSENGER SIDE ENGINE EXHAUST MANIFOLD. THE PROXIMITY CAN CAUSE THE HARNESS TO MELT OR BE OTHERWISE DAMAGED. Hazard : A DAMAGED WIRE HARNESS CAN RESULT IN AN ELECTRICAL SHORT, RESULT IN INTERMITTENT OPERATION OF ELECTRICAL SYSTEMS VEHICLE " SHUT DOWN '', AND/OR LEAD TO A FIRE, AND MAY RESULT IN LOSS OF VEHICLE CONTROL, INJURY, OR DEATH. Remedy : DEALERS WILL INSPECT AND REROUTE THE WIRE HARNESS AWAY FROM THE HEAT SHIELD. THIS SERVICE WILL BE PERFORMED FREE OF CHARGE. THE SAFETY RECALL IS EXPECTED TO BEGIN DURING XX/XX/XXXX. OWNERS MAY CONTACT XXXX OWNER RELATIONS AT XXXX. Additional Info : XXXX 'S SAFETY RECALL NO. XXXX MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 'S VEHICLE SAFETY HOTLINE AT XXXX ( TTY XXXX ), OR GO TO HTTP : //WWW.SAFERCAR.GOV. XXXX XXXX of Alabamas argument is that 2 titles exists for this vehicle. One is a XX/XX/XXXXchassis and the other is a XXXX. The XXXX is the XXXX Chassis and the XXXX is the XXXX XXXX. The Alabama DMV states there is only one title and that is the XXXX XXXX XXXX. XXXX XXXX of XXXX has either sold me an incomplete vehicle or titled me an incomplete vehicle or both. Bank of the West isnt protected because they dont have the right title. Federal regulations involvingincomplete vehicle manufactured by XXXX XXXX XXXX Title 49, Code of Federal Regulations, Part 567.5 - XXXX XXXX  XXXX Vehicle Safety Act -XXXX XXXX XXXXXXXX XXXX XXXX Incomplete Vehicle Manual - XXXX XXXX  XXXX % XXXX Per XXXX : UNITED STATES VEHICLES XXXX XXXX Company has endeavored, whenever possible , to state the specific conditions under which an incomplete vehicle may be completed to conform with each applicable Federal Motor Vehicle Safety Standard. These specific statements are intended to aid subsequent stage manufacturers in avoiding instances of inadvertent noncompliance to particular standards. Note that the final responsibility for the compliance of the completed vehicle rests with the Final Stage Manufacturer who is required by law to certify, as prescribed by Title 49, Code of Federal Regulations, Part 567.5, that the completed vehicle conforms to all applicable Federal Motor Vehicle Safety Standards and that all applicable Federal, state and California emission/noise standards are conformed with. XXXX XXXX XXXX does not make any representation as to the appropriateness of modifications for any particular application other than expressly stated herein. Intermediate and Final Stage Manufacturers must exercise proper engineering judgment to determine if a modification is appropriate for their specific application. Incomplete Vehicle an assemblage consisting, at a minimum, of chassis ( including the frame ) structure, power train, steering system, suspension system, and braking system, in the state that those systems are to be part of the completed vehicle, but requires further manufacturing operations to become a completed vehicle. ( XXXX ) XXXX XXXX XXXX a person who [ company that ( XXXX ) ] performs such manufacturing operations on an incomplete vehicle that it becomes a completed vehicle. ( XXXX ) Motor Home a multi-purpose vehicle with motive power that is designed to provide temporary residential accommodations, as evidenced by the presence of at least four of the following facilities : Cooking ; refrigeration or ice box ; self-contained toilet ; heating and/or air conditioning [ system that can function independently of the vehicle engine ( CMVSR ) ] ; a potable water supply system including a faucet and a sink ; and a separate 110-125 volt electrical power supply and/or an LP gas supply. ( XXXX ) Per XXXX -incomplete vehicle type is identified by the 5th, 6th, and 7th digits of the Vehicle Identification Number ( VIN STATEMENTS OF CONFORMITY The Statements of Conformity section of this manual lists the Federal Motor Vehicle Safety Standards in effect on the date of manufacture of this incomplete vehicle that are applicable to the type ( s ) of completed vehicles into which this incomplete vehicle may be manufactured. This date is shown on the label affixed to the cover of this manual. These statements, in most cases, apply to specific types of incomplete or completed vehicles and identify GVWR and UVW weight ranges. The incomplete vehicle type is identified by the 5th, 6th, and 7th digits of the Vehicle Identification Number ( VIN ). The completed vehicle types to which this incomplete vehicle may appropriately be completed is printed on the label, under the heading May Be Completed As, that is affixed to the cover of this document. XXXX The Alabama title says exempt. The paperwork says another thing. The Truth in Mileage Act ( TIMA ) is a federal law that requires the seller of a motor vehicle toprovide an odometer disclosure to the buyer at the time of sale ortransfer of ownership.Thebuyer must sign in acknowledgment of the mileage disclosure given. This document was not provided at closing. XXXX XXXX XXXX Bank of the West and XXXX XXXX of XXXX claims they have the right to sell me a XXXX XXXX XXXX and have it titled this way. The inside of the XXXX XXXX says, incomplete vehicle manufactured by XXXX XXXX company Negotiating the Deal The unit was delivered from XXXX XXXX of XXXX, AL and the paperwork was done with XXXX but XXXX XXXX XXXX XXXX, NC negotiated the deal and pulled my credit. XXXX XXXX Buyers Order AS IS isnt initialed you and I certify that the additional terms and conditions printed on the back of this contract - nothing on back Bill of Sale not notarized - but has notary place no type of ID marked as produced State of Alabama Title odometer marked as exemptXXXX title currently still in XXXX XXXX XXXX name in Alabama XXXX It has never been reassigned. Retail Installment Contract contract not executed/signed by XXXX XXXX representative. I have the canary yellow copy.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation