Consumer complaint received 2023-02-20
Company: Bridgecrest Acceptance Corporation
State: IL
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
To whom it may concern : Per my last request in regard to legal documents and proof of sale, the deficiency and surplus, when the car was sold and proof that you rightfully repossessed the vehicle, I have some questions concerns and request. Per The cfpb complaint that was sent prior to this one I was contacted by phone as well as email in regards to an explanation form that was sent Ive attached it to this complaint nevertheless, my first question is why on my credit report is it reflecting the balance of XXXX but on the explanation email it reflects XXXX after the car was sold, if my last payment was XX/XX/20 and you sold the car in XX/XX/20 Im also certain that I never receive proper documents nor did you all follow procedure to repo this car legally, in other words I never receive any communication nor documents before the car was sold, the inventory of my belongings yet alone the actual belongings, nor was I contacted prior to the car being auctioned or sold, didnt receive a notice to redeem the vehicle.

Documentations that were not received and that Im requesting proof : - Notice of redemption - Notice of application for a title - Inventory of items that were left in the vehicle.

- The physical items that were left in the vehicle. 
- Didnt receive a 45-day notice to redeem items.

- Notice of my rights to redeem the vehicle being that it was 58 percent paid off. & was not sent in three days of repossession which would have provided me with 21 days to pay off the balance.

- Didnt receive a notice that informs me of your intention to apply for title to the vehicle from the secretary of state.

- Presale notice with time date and location of the sale.

- The sale must be commercially reasonable which mean creditor can not sell the vehicle for a price that is significantly lower than its average market value. 
- Post-sale notice that tells terms of the price that the vehicle is sold for and amount that remains on the balance. 

Things to keep in mind : If a consumer left personal property inside of the vehicle, the repossession company should create an inventory of their items and they should give the consumer a period of 45 days to redeem them. They are not allowed to keep or sell the consumers property and are required to provide the consumer with the vehicles location so that they can reclaim their items.

If the consumer already paid off more than 30 percent of the total loan amount prior to the repossession, the creditor must send them a notice of their right to redeem the vehicle. This notice has to be sent to the consumer within 3 days of the repossession and it will provide them with a period of 21 days to pay off their balance. The consumer will be able to redeem their vehicle and reinstate their pre-default rights if they can catch up on their outstanding payments and pay for any late fees or costs associated with the repossession. However, for the duration of the consumers contract, they will only be able to use this method of redemption once. If the individual already used the previously mentioned method or if they did not pay off at least 30 percent of their loan, they can redeem the vehicle at any time before its sale but only if they can pay the full amount that remains on the loan. This would include any accelerated payments, as well as reasonable expenses by the creditor.

According to the FDCPA if these documents were not supplied, its a violation by breaching the peace.

Please provide the procedure steps and process you followed to ensure that the vehicle was rightfully repossessed and that all notice were sent, and all measurements were followed legally.

Best regards.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation