Consumer complaint received 2023-05-30
Company: TD BANK US HOLDING COMPANY
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Denied request to lower payments

Complaint:
To whom it may concern On XX/XX/2023, my vehicle was illegally repossessed from inside a gated community and that is totally a breached of peace. XXXX XXXX repossessing my vehicle on a property that was not mine or a property listed on any paperwork that I provided. In fact, the gated community was that of a family member who was unaware the car had a lien on it. Because of this my family member ran out and stood in front of the vehicle requesting the company not take the vehicle. I also asked the tow guy to not take the car however, he refused my request. I also let him know he was breaching the peace, causing a scene and all the neighbors came out due to the commotion. I asked how he got through the gate and the tow guy refused to answer. If a proper investigation is conducted, you all will see the tow company illegally gained access to the property and illegally repossessed my vehicle. 
Your company is attempting to collect on a debt that I do not owe. I am disputing the entire balance. I have not received any bills although I have made many requests to have the bills sent via XXXX mail every month. TD Auto continues to defame character by reporting the account as delinquent and unpaid even though there is a billing error dispute. 
According to the Fair Credit Billing Act ( FCBA ) The creditor may not impose any charges related to the error resolution process or report the consumer as delinquent5. Consumers have the right to withhold payment of the disputed amount and any related charges until the dispute is resolved5. 
Due to this illegal act, I am seeking remedy/refund of fees I paid to recover my car {$3600.00}, UCC Damages in the amount of {$8400.00} in addition to 10 % of the purchase price ( {$4600.00} ), and {$3000.00} for violating my consumer rights which is the total of {$19000.00}. 
15 USC 1692 F Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. 

This repossession was not ordered by the courts. I never had a contract with the XXXX XXXX XXXX XXXX XXXX XXXX XXXX. TD Auto Finance giving my private information to XXXX XXXX, XXXX and XXXX XXXX XXXX is identity theft. 

According to the law. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information. 
( b ) OPT OUT ( 1 ) IN GENERALA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information is not disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
I would like to exercise my non-disclosure option. I need an accounting ledger of my account ; I need copies of the contract. I need every bill from XXXX XXXX to XX/XX/2023. I need copies of the repo order and the document I signed to recover my car, which the repo company refuses to give me, stating I had to get it from my finance company. My requests should be mailed to XX/XX/2023, TD Auto Finance repossessed my vehicle again now requesting me to pay {$28000.00} to recovery my vehicle. Ive made many calls trying to recovery my car.

Company response to consumer: Closed with explanation