Consumer complaint received 2023-08-20
Company: General Motors Financial Company, Inc.
State: VA
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:
I received the following response from GM Financial regarding my SCRA protection. Dear XXXX XXXX, GM Financial has received your complaint sent to the Consumer Financial Protection Bureau ( CFPB ) and would like to offer the following response. On XX/XX/XXXX, you signed a Retail Installment Sale Contract ( " Contract '' ) for the XXXX XXXX XXXX in the amount of {$26000.00} with an Annual Percentage Rate ( APR ) of 14.00 %. The Contract terms you agreed upon state the account would be repaid in 72 monthly installments in the amount of {$540.00}, beginning XX/XX/XXXX. On XX/XX/XXXX, the vehicle was repossessed due to non-payment. Our records indicate there was no mention of military service during the term of the contract. Records obtained from the XXXX XXXX XXXX XXXX did not reflect an XXXX status on XX/XX/XXXX, nor on XX/XX/XXXX. GM Financial has reviewed the orders included in your complaint and determined your account did not qualify for repossession protection under SCRA on XX/XX/XXXX, because you were not on XXXX XXXX at the time of repossession. If you have other orders or paperwork showing your active-duty status in XXXX of XXXX, please forward it to GM Financial for further review. Should you have any further questions or require additional assistance, please feel free to contact GM Financial XXXX XXXX directly at ( XXXX ) XXXX. Their hours of operation are XXXXXXXX XXXX. to XXXXXXXX XXXX. CT, Monday through Friday. 
XXXX XXXX XXXX XXXX, thru XX/XX/XXXX My Response : The attached orders are XXXX orders. They are within the timeframe which GM Financial outlines. Begin Contract : XX/XX/XXXX, to Repossession : XXXX XXXX XXXX 
See attached XXXX order # XXXX See attached XXXX order # XXXX GM Financial False Statement or representation : Our records indicate there was no mention of military service during the term of the contract. Records obtained from the XXXX XXXX XXXX XXXX did not reflect an active-duty status on XX/XX/XXXX, nor on XX/XX/XXXX. 
My Response : GM Financial fails to acknowledge that not all XXXX time will be reflective in the Defense XXXX XXXX XXXX XXXX XXXX ). Furthermore, service members does not always need to request XXXX protection, the protections are automatic, and the onus is on the lender to correctly determine the borrowers military status. My account qualified for SCRA protection on XXXX XXXX XXXX XXXX : XXXX : Does the SCRA website include ALL XXXX XXXX periods? 
A : No. SCRA only reports on XXXX XXXX status since XX/XX/XXXX. The SCRA website only reports Title 10 XXXX XXXX ( AD ) periods. AD periods of less than 30 days of length are not currently included on the SCRA website. 

Summary : GM Financial did not apply SCRA protection to my accounts by capping interest rate to 6 % during periods covered by when I entered XXXX XXXX on XX/XX/XXXX. Nor did they submit an affidavit of due diligence to a court notating the efforts they made to verify military member service status during time frame. GM Financial simply repossessed my vehicle, like many American companies do without obtaining a court order. 

GM Financial is in violation of the following SCRA Sections : 50 USC 3937 : Maximum rate of interest on debts incurred before military service 50 USC 3952. Protection under installment contracts for purchase or lease

Company response to consumer: Closed with explanation