Consumer complaint received 2022-08-24
Company: Lendsmart, Inc.
State: CA
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 purchased a personal vehicle from XXXX auto in XXXX  ca. A company called LendSmart stated to ask me for payments on the vehicle to which i replied by asking them to show me the contract i have with them that makes me liable to make payments to them being that i didn't know, nor did i apply for a vehicle loan from anyone! I also told them that while i was waiting on that contract that i would make those payments UNDER DURESS. I put all of my requests for presentation of that contract in writing and sent them via certified mail. LendSmart never provided a contract nor did they ever respond to my correspondence as they are supposed to to stay in honor. 
Because they never replied to letters asking for specific documentation proving that i had a contract with them i was advice to inform them in a default letter that they were in default of superfluous previous request for them to present a contract and would consider any debt owed paid in full and that any supposed contract they claim i have with them is rescinded due to the fact that there was not full disclosure of said contract. I never had a contract with them in the first place. ALL THE STATMENTS EVEN HAD THE WRONG NAME ON THEM WHICH I HAVE COPIES OF. 
A company called challenge financial came and stole my personal vehicle from me and when i called the police they informed me that it was LendSmart who stole the vehicle. This happened XX/XX/2022. 
Since then all correspondence has been ignored by LendSmart and i have lost several thousand dollars due to the fact that they illegally stole my personal vehicle. 
They have violated my rights, stollen my personal property, and are in complete violation of 15 USC 1692 f 6 ( 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. 
I requested from them that either my personal property be returned or that they return the equivalent of the value of the car to resolve this thievery. I am now preparing to take this matter to court for the obvious tort. 
Here are all the correspondence tracking numbers : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) XXXX XXXX of XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX XXXX XXXX XXXX ) The Federal Trade Commission ( XXXX XXXX XXXX XXXX XXXX ) Consumer Financial Protection Bureau ( ONLINE ) ( XXXX XXXX XXXX XXXX XXXX ) ( XXXX XXXX XXXX XXXX XXXX ) As you can see i also sent all correspondence to the CFPB The only resolution that will keep this out of court is the return of my personal property that they stole or the cash value of that personal property which i have at {$10000.00} I have also attached a Statement as well as a copy of my ID and SS card to show that they where sending statements to the wrong person and i will also being filing a identity theft suit in court being that this has ruined my credit and the stealing of the personal property was in retaliation of the correspondence i was sending them

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation