Consumer complaint received 2017-09-21
Company: General Motors Financial Company, Inc.
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XXXX XXXX is acting in violation of the Maryland XXXX Laws and is trying to collect on a debt that they technically can not collect on. On XXXX XXXX I contacted XXXX XXXX regarding my past due car payments and the next steps I can do in repairing our relationship. The representative informed me that my best option was to voluntarily give up the car and that it would completely wipe out the debt I owed with them and that they would stop all collection activities ( I have thus learned that I was lied to by the representative and that this was not true, that giving my car back would not erase the debt I owed but only reduce it ). I gave them the address to pick up my car at XXXX XXXX XXXX in XXXX Maryland XXXX please note that at the time of the call I gave the representative ). Two days my car was given up to the tow company and all was well, as so I thought. To my surprise when I look at my credit report a few months ago I noticed that this is still showing negatively on my credit report as debt I owe. According to Maryland law " Within 5 days after the credit grantor repossesses the tangible personal property the credit grantor shall deliver to the consumer borrower personally or send to him at his last known address by registered or certified mail, a written notice which briefly states : ( 1 ) The right of the consumer borrower to redeem the tangible personal property, and the amount payable for it ; ( 2 ) The rights of the consumer borrower as to a resale, and his liability for a deficiency ; and ( 3 ) The exact location where the tangible personal property is stored and the address where any payment is to be made.For 15 days after the credit grantor gives the notice required by subsection ( e XXXX of this section, the credit grantor shall retain any repossessed property. '' I never received any such notice from XXXX XXXX to my mailing address via certified or any other sort of mailing. Which is in violation of Maryland law. XXXX, XXXX consumer is also required by Maryland Law after selling my vehicle to send me a deficiency letter outlying the remaining debt I owe. Maryland Law States " Private sales must be commercially reasonable, and the lender must send an accounting to the borrower. If the property is sold at public auction, the lender must provide the borrower with a written statement of how the proceeds were applied. If the vehicle sells for less than the balance owed on the loan, then the remainder is an unpaid deficiency. '' State law also requires that this be sent via certified mail latest address on file. Any violation of this law states that the " credit grantor can not collect on the debt ''. 

In XXXX I contacted XXXX 's President Office, to file a complaint regarding this debt and after several attempts via phone/email I got no reply. Today I spoke to gentlemen named Tyrick ( Employee ID number XXXX ) he wouldnt give me his last name. XXXX XXXXnformed me that they sent all the notices to an address XXXX XXXX XXXX, XXXX XXXX Maryland XXXX ( with no apartment number associated to the noticed, my apartment was # XXXX ) and that letter was eventually returned to them.Proving that I was never in receipt of the required document.TWO MONTH LATER they sent another letter to a P.O box address that is not associated to me at all. My former roommate XXXX XXXX XXXX address had their mail forwarded to an P.0 Box and XXXX XXXX public records and assumed that address was mine. Furthermore I spoke with XXXX that any certified mail sent to P.O box address whether it was my P.O box or not would have to be signed for by the person who the letter is addressed to at the post office. When I asked XXXX if he had any record of me signing for said letter or that I received it he said no, and he didnt care If I got the letter because its his job to " collect my money by any means necessary ''. I never gave XXXX that address or gave them permission to send me any corespondents to that address.My address on file that the time was XXXX elm XXXX XXXX XXXX XXXX '' the address that I gave them! When I informed XXXX XXXX of my findings he stated he " did not care '' and it " would n't have mattered if they sent the notice or not '' because he deemed me " irresponsible ''. I asked XXXX XXXXeveral times for the opportunity to speak with his XXXX or The XXXX and he refused to let me speak with anyone else. He also several times throughout the call XXXX was very unprofessional and made derogatory remarks regarding my financial state at the time and the fact I had been contemplating bankruptcy. Actually toward the end the call he hung up in my faceXXXX also states that I never called XXXX financial to do a voluntary repo on my car and that they figured out where the vehicle was and my new address was XXXX elm XXXX XXXX, XXXX, Maryland XXXX. My question is if that is the case, and XXXX financial did find out that my new address was the XXXX XXXXt address why didnt they said the required notices to that address? The law does state that notice should be sent to the last known address which wouldve been XXXX XXXX ... Which right there proves that they were in complete violation of the law! 

I have come to the conclusion that XXXX XXXX has not acted in good faith with the sale of my vehicle, giving me the required notices, and reporting my debt correctly to the credit agencies.

Company response to consumer: Closed with explanation