Consumer complaint received 2015-12-05
Company: FIFTH THIRD FINANCIAL CORPORATION
State: GA
Product: Consumer Loan
Sub-product: Vehicle loan
Issue: Problems when you are unable to pay

Complaint:
In XX/XX/XXXX I filed bankruptcy due to medical bills and loss of income, and during the process I communicated to my attorney that I wanted to keep my car. On XX/XX/XXXX my attorney received a copy of the Reaffirmation Agreement from Fifth Third representative XXXX XXXX. I spoke with my attorney about the form .I signed it and my attorney sent the information to Fifth Third Bank ( see correspondence below from attorney to Fifth Third Bank ). 
My bankruptcy was discharged in XX/XX/XXXX, and therefore Fifth Third was now allowed to speak with me about the account, and return my calls. Over a 3 to 4 month period I contacted Fifth Third Bank about rearranging my payment as stated in the Reaffirmation Agreement. They were not willing to work with me and over a XXXX to XXXX period I submitted payments late. 
On XX/XX/XXXX Fifth Third Bank reposed my car in the early morning. There were no calls or communications from them regarding their intent. They had my address and phone number, and could have called me to discuss a payment plan per the Reaffirmation Agreement, and my expectations. Based on the information the attorney sent Fifth Third Bank it is obvious that they violated the bankruptcy laws and rules. It is also obvious that they were careless in dealing with this sensitive issue. I called Fifth Third Bank and complained about the process, and to discuss the Reaffirmation Agreement. I was told by XXXX people at Fifth Third Bank ( XXXX a representative, XXXX the supervisor, and XXXX the Manager ) that they did not receive the signed agreement. They all lied about the Reaffirmation Agreement, it was sent to them. They communicated that my attorney would not return their calls and therefore they left it alone. The attorney provided proof that Fifth Third Bank was sent the signed form. We were not getting anywhere with Fifth Third Bank regarding their error. They were rude and cared less about the hardship they created. 
On XX/XX/XXXX I went to the bank and paid the car off, and while at the bank I asked the teller if the check would be put on hold. I was told no, and that it would clear that night. Today, XX/XX/XXXX, Fifth Third Bank refuses to release my car stating that we have to wait 5 days for the check to clear, which it cleared on XX/XX/XXXX at XXXX Fifth Third is holding the car because they are trying to correct the error they created, and cover up their violation related to the bankruptcy laws. We were told that they have to follow the bankruptcy rules and laws. This statement confirms that they violated the rules and acted out of greed and malice regarding my car. Please note that I also mailed the signed form to Fifth Third Bank. 
Fifth Third Bank careless actions have created a hardship related to : - Transportation to and from work ... causing me to be late and putting my job at risk- Creating unsafe situations- Transportation related to my kids ride to and from school- Fees associated with acquiring funds to purchase the car ... high rate loans due to my bankruptcy -- -- -- -- Original message -- -- -- -- From : XXXX XXXX XXXX ( XXXX ) To : XXXX : Requested information ; XXXX and XXXX XXXX, As requested, please see below a copy of the email correspondences between our office and Fifth Third Bank 's representative, XXXX XXXX XXXX, XXXX. An attorney from our firm had directly forwarded the email sent to us by XXXX XXXX to XXXX, XXXX. 

Please let me know if you have any further questions or concerns. 

Thank you. 

Sincerely, XXXX XXXX at XXXX, XXXX XXXX XXXX, Georgia XXXX. : ( XXXX ) XXXX : ( XXXX ) XXXX : XXXX NOTICE : This email message ( including attachments ) contains information which may be confidential and/or legally privileged. It is intend

Company response to consumer: Closed with explanation