Consumer complaint received 2017-08-12
Company: General Motors Financial Company, Inc.
State: VA
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Letter sent today regarding prior attempts ... GM Financial Attention : XXXX XXXX, President & CEO Attention : XXXX XXXX, Exec VP & Chief HR Officer Attention : XXXX XXXX VP XXXX Consumer Service XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, Texas XXXX XXXX XXXX XXXX, XXXX Attention : XXXX XXXX, Exec VP & Chief CFO XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, Texas XXXX XXXX XXXX XXXX XXXXXXXX XXXX, XXXX Attn : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NC XXXX Dear Recipients : You are hereby given notice that I, intend to commerce a lawsuit against you for {$75.00}, XXXX in damages or equitable relief due to ( 1 ) Breach of contract and depravity of services ; ( 2 ) Violation of FDCPA premature seizure and failure to return under reinstatement agreement XXXX XXXX XXXX ( a ) Email was sent to XXXX XXXX XXXX XX/XX/XXXX advising {$1200.00} would be sent to the account by XX/XX/XXXX. I was notified on XX/XX/XXXX that XXXX XXXX did not document the account. Therefore, the account went into repo status. XXXX XXXX has been my direct account contact since my Attorney General complain XXXX. There have been a few occasions where there were no responses to account inquiries on XX/XX/XXXX ( XXXX XXXX ), XX/XX/XXXX ( XXXX XXXX ), XX/XX/XXXX ( XXXX XXXX ),XX/XX/XXXX ( XXXX XXXX ) ; ( b ) Reinstatement arrangement scheduled by XXXX XXXX and agreed upon XX/XX/XXXX is payment of {$1600.00} by XX/XX/XXXX for the vehicle to be released. The {$1600.00} included loan payments, deferment payment {$150.00}, repo facility fee {$100.00}, repo fee {$390.00}, late fee {$230.00}. Payment of {$1600.00} was paid by XXXX XXXX and copy of receipt sent via email to XXXX XXXX XX/XX/XXXX. However, XXXX XXXX has not released the vehicle and has further used deceptive methods to maintain the vehicle, the payment, and cause further emotional distress, mental anguish and financial damage. Which leads me to believe that the reinstatement arrangement agreed and paid upon was false and misleading representation on the part of GM Financial/Americredit. ( 3 ) Violation of FCRA provisions ( a ) failing to correct inaccurate and derogatory information to credit reporting agencies ( b ) failing to follow up on credit reporting disputes ( c ) failing to refrain from continuing to submit information that you know to be inaccurate, and ( d ) providing results of the investigation of the dispute within five ( 5 ) business days after the investigation is completed ; ( 4 ) Violation of FDCPA of phone contact attempts by XXXX XXXX after he was notified multiple email exchanges to communicate in writing as XX/XX/XXXX ( 1XXXX XXXX ) ; XXXX XXXX required phone contact as a requirement to secure the vehicle AFTER the reinstatement arrangement Monday, XX/XX/XXXX and payment XX/XX/XXXX which was emailed to him with copy of the insurance policy. XXXX XXXX willfully ignored my multiple written requests to cease phone communications and conduct matters in writing as a matter of record XX/XX/XXXX ( XXXX XXXX ). I received two ( 2 ) calls from XXXX XXXX XX/XX/XXXX ( XXXX XXXX  and XXXX XXXX ). These emails have been forwarded to GM Financial corporate office XX/XX/XXXX included in the complaint in which I to date have not received a response. I intend to file suit against you, the recipient ( s ), within 14 days after receiving this letter for economic damages, damages for mental anguish, vehicle damages and remedies expressed, including but not limited to court awarded punitive damages, recovery of costs and attorney fees ( 1 ) The XXXX XXXX XXXX has not been released and returned towed to the residence at GM GM Financial/Americredit expense no later than Tuesday, XX/XX/XXXX ; ( 2 ) The XXXX XXXX XXXX suffers in damage because of repossession activity ; ( 3 ) The XXXX XXXX XXXX appears in any auction to include, but not limited to the upcoming XXXX North Carolina Auction XX/XX/XXXX ; ( 4 ) The GM Financial account and credit reporting be corrected to reflect properly in status and any corrections provided to me and the credit reporting agencies in writing. You may contact me in writing via email to expedite resolution of this matter. I previously requested and have not received 1 ) A payment history of the account to inception 2 ) Copy of the original bill of sale 3 ) A transcription of the conversations with XXXX, XXXX XXXX and XXXX XXXX on XX/XX/XXXX 4 ) A confirmation of the repo date and an itemized breakdown of the repo fees to include the contracted tow, storage and labor cost

Company response to consumer: Closed with explanation