Consumer complaint received 2023-04-11
Company: AMERICAN HONDA FINANCE CORP
State: NC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
YOU, Honda Financial Services, and XXXX XXXX XXXX are in violation of 18 U.S.C. 1028A - XXXX XXXX XXXX has knowingly transferred my personal identification and non-public information to XXXX XXXX XXXX who then used it without lawful authority. Aggravated Identity Theft pursuant to 18 U.S.C. 1028A. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. 

During the self-help repossession on XX/XX/XXXX, XXXX Repo-Agents from XXXX XXXX XXXXXXXX called a police officer to assist in a breach of peace and unlawful repossession at XXXX XXXX XXXX XXXX, XXXX NC XXXX. In response to my verbal objection to my vehicle being removed on private property ( not my residence ), the property driveway was damaged by tire skid marks from middle to front, the vehicle was scratched, disorderly conduct, blocking the vehicle, abusive language, verbal dispute, and threats came from both Repo-Agents. 

As the repo-agent trespassed on the residential property ( unregistered address ) on XX/XX/XXXX, he illegally assisted in the repossession of the XXXX XXXX XXXX XXXX XXXX it out of the driveway, leaving skid marks. After the cop arrived on scene ( XXXX XXXX ), he informed my aunt that the repossession man had presented him with paperwork that allowed him to take the vehicle. He then told her that she would be arrested on her own private property if she did not move from between the vehicle and tow truck. My vehicle was then dragged away by the repo-agent after approximately XXXX hour and XXXX minutes of breach of peace. 

A police XXXX can not assist in a repossession unless a judicial order is in place, as police can not intervene in disputes between consumers and lenders. Due to their negligence in following the law, this law enforcement agency also failed to make a police report after calling XXXX times and going to the headquarters police station. Since the officer who unlawfully assisted in the repossession of my vehicle is a sergeant, the police station is doing everything they can to prevent me from making a report, My request was made to the agency on the following dates XXXX to send a police officer out to the location to take a police report ; however, officers refused to send officers out to the location. Instead, another sergeant called me and asked me what happened, after I requested a police officer to come to my house. There is no public access to the local XXXX XXXX police station, and you are required to wait outside until an officer arrives. Twice, they didn't respond. Also 3 days prior to the repossession the law enforcement contacted me via my cell phone notifying me the bank was looking to repossess my vehicle and asked where can they locate the vehicle. 

N.C.G.S. 25-9-609 ( Secured party 's right to take possession after default ) ( a ) Possession ; rendering equipment unusable ; disposition on debtor 's premises. - After default, a secured party : ( 1 ) May take possession of the collateral; and ( 2 ) Without removal, may render equipment unusable and dispose of collateral on a debtor 's premises under G.S. 25-9-610. 


( b ) Judicial and nonjudicial process. - A secured party may proceed under subsection ( a ) of this section : ( 1 ) Pursuant to judicial process; or ( 2 ) Without judicial process, if it proceeds without breach of the peace.

North Carolina Code - General Statutes 14-288.4. Disorderly conduct.

14288.4. Disorderly conduct. 
( a ) Disorderly conduct is a public disturbance intentionally caused by any person who : ( 1 ) Engages in fighting or other violent conduct or in conduct creating the threat of imminent fighting or other violence; or ( 2 ) Makes or uses any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace ; or

Company response to consumer: Closed with explanation