Consumer complaint received 2023-09-23
Company: Pacific Retrieval LLC
State: CA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
In early XXXX, I brought my car to a repair shop, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The costs of repairs exceeded the value of my car. Accordingly, I stated that I would donate my vehicle, and I made plans to donate my vehicle to the XXXX XXXX XXXX, the official 501 ( c ) ( 3 ) nonprofit of the XXXX XXXX XXXX. ( Relevant side note : XXXX was a huge part of my life. I was fortunate enough to receive an XXXX XXXX XXXX scholarship and I've XXXX XXXX XXXX XXXX XXXX teams. I was excited that my old car could help XXXX XXXX XXXX  ) Naturally, I needed the title to my vehicle to make this donation, but the title was at my parents ' house. My parents mailed the title, but it was delayed in the mail ( the title finally arrived months later, in XXXX or XXXX of XXXX ). After a few days, the mechanics at the shop stated that they could not store my vehicle and needed to have it towed. 

It should be noted that I am a XXXX member and my membership includes towing. I could have had the car towed free of charge by XXXX and then parked in a parking spot in the apartment complex where I lived at the time. However, one of the mechanics, XXXX ( Last Name Unknown ), told me that his shop worked with a towing company that could tow my car free of charge. This towing company is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( hereinafter " XXXX 's '' ). XXXX told me that the vehicle would be considered abandoned so I did not need my title. XXXX told me that XXXX 's would then take possession of the car, entitling them to any money they could make by selling it. This seemed like a fair resolution whereby I would not have to go through the hassle of selling a car that did not run or applying for a new title. Again, XXXX told me that this service would not cost me anything and would not result in any liability to me. I verbally agreed. 

In early XX/XX/XXXX, I received a notice of unpaid parking citations ( dated XXXX  ). I was surprised to learn that I was still the registered owner of my old vehicle as I thought it had been considered abandoned and then possessed by XXXX 's. I called XXXX 's and their receptionist stated that they had filed a release of liability on XX/XX/XXXX, but she refused to send me any associated paperwork. I went to the DMV website and pulled up the Vehicle History Report for my old car. I noticed ( 1 ) I was indeed listed as the registered owner and ( 2 ) there was no release of liability filed by XXXX 's. In fact, there was no evidence of any lien or sale by XXXX XXXX at any point. I then filed a notice of release of liability for myself and appealed the parking ticket. 

On about XX/XX/XXXX, I received a notice from a debt collector, Pacific Retrieval, stating that I owed {$2200.00} for towing and storage by XXXX XXXX XXXX XXXX XXXX XXXX I called XXXX XXXX XXXX XXXX and spoke to XXXX. He seemed surprised that I had received the notice from Pacific Retrieval. He stated that he would investigate and call me back. He also agreed to send me all the paperwork that he had on file for me, and he sent me an invoice for my car ( which showed that I did not owe any money to XXXX XXXX & XXXX ). I never received a follow-up call from XXXX. 

On XX/XX/XXXX, I called XXXX and requested an update. XXXX apologized and said he would investigate and call me back. XXXX called me back about 30 minutes later. XXXX stated that XXXX XXXX had been unable to sell my car for some time ( he seemed unsure if it was 30 or 60 days ) because XXXX 's never received the title from me. XXXX stated that this resulted in storage fees. XXXX further stated that I should have applied for a replacement title and given it to XXXX XXXX. I reminded XXXX ( 1 ) that he had told me that I would not be charged for any services rendered by XXXX 's and ( 2 ) that he told me that the abandonment process did not require a transfer of title. After all, if I needed to obtain a replacement title, I would have donated the car to the XXXX XXXX XXXX ( thereby supporting a cause about which I'm passionate ). XXXX stated that he didn't know what to tell me other than that there was nothing he could do and that I needed to take this up with Pacific Retrieval. I asked XXXX what the legal basis was for XXXXXXXX XXXX having the authority to tow my vehicle and he stated it was our verbal conversation ( where he stated I would not owe anything or incur any liability ). I asked if there was anything in his records that I had signed. He stated that there was not. 

After speaking with XXXX on XX/XX/XXXX, I immediately called XXXX XXXX  I asked for any paperwork associated with my car. The receptionist stated that XXXX XXXX would not send me anything. I asked what the legal basis was for XXXX XXXX to tow my car. The receptionist stated that it was a verbal conversation that XXXX XXXX  had with someone from XXXX XXXX & XXXX. 

I believe my authorization to have XXXX XXXX tow my car was the result of an unenforceable contract. Specifically, the contract was induced by fraud in the factum as XXXX misrepresented the material terms of the service I would receive from XXXX XXXX Additionally, this may have been a contract that needed to have been in writing as required by the statute of frauds. Additionally, I believe that XXXX XXXX may have illegally sold my car as I see no evidence of a lien or a sale on the vehicle history report. Also, it is possible that XXXX XXXX XXXX XXXX or XXXXXXXX XXXX illegally sold my information at some point. Finally, it should be noted that the page for Pacific Retrieval on the XXXX XXXX XXXX website contains myriad complaints of unethical, predatory debt collection practices.

Company response to consumer: Closed with explanation