Consumer complaint received 2020-04-02
Company: United PanAm Financial Corp.
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
On XX/XX/XXXX my vehicle a XXXX XXXX XXXX VIN #  XXXX was repossessed. The vehicle was sold at auction on XX/XX/XXXX. 

Based on Fl Law I had the right to voluntarily surrender the vehicle ; " Prior to engaging a repossession agent, the lender shall afford the debtor an opportunity to make the titled personal property available to the lender at a place, date, and time reasonably convenient to the lender and the borrower. Prior to taking possession of titled personal property, the lender shall afford the borrower a reasonable opportunity to remove from the titled personal property any personal belongings without charge or additional cost to the borrower. After the lender takes possession of the titled personal property, the lender, at the lenders sole expense and risk, may authorize a third party to retain physical possession of the titled personal property. '' I was never contacted or given the opportunity to surrender the vehicle. 

Furthermore, According to Florida law : " Upon taking possession of titled personal property, the lender may dispose of the titled personal property by sale but may do so only through a motor vehicle dealer licensed under s. XXXX. At least 10 days prior to sale, the lender shall notify the borrower of the date, time, and place of the sale and provide the borrower with a written accounting of the principal amount due on the title loan, interest accrued through the date the lender takes possession of the titled personal property, and any reasonable expenses incurred to date by the lender in taking possession of, preparing for sale, and selling the titled personal property. At any time prior to such sale, the lender shall permit the borrower to redeem the titled personal property by tendering a money order or certified check for the principal amount of the title loan, interest accrued through the date the lender takes possession, and any reasonable expenses incurred to date by the lender in taking possession of, preparing for sale, and selling the titled personal property. Nothing in this act nor in any title loan agreement shall preclude a borrower from purchasing the titled personal property at any sale. '' I have repeatedly asked for a copy of this letter that notified me of the date, time and place of the sale. I have yet to receive a copy. 

It is my understanding that failure to comply with Florida Law prevents this collector from reporting this to the credit bureaus. I would like a copy of the letter that was to be sent to me at least 10 days prior to the sale notifying me with a written accounting of the principal amount due on the title loan, interest accrued through the date the lender takes possession of the titled personal property, and any reasonable expenses incurred to date by the lender in taking possession of, preparing for sale, and selling the titled personal property. At any time prior to such sale, the lender shall permit the borrower to redeem the titled personal property by tendering a money order or certified check for the principal amount of the title loan, interest accrued through the date the lender takes possession, and any reasonable expenses incurred to date by the lender in taking possession of, preparing for sale, and selling the titled personal property. 

Failure to produce this letter would require this collection to be invalid and not reportable to the CRA ' as a charge off.

Company response to consumer: Closed with explanation