Consumer complaint received 2017-09-05
Company: Vital Solutions, Inc.
State: MO
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
Letter dated XX/XX/ was sent to both XXXX XXXX and XXXX XXXX XXXX ( please see enclosed ) certified and confirmed receipt by XXXX XXXX XXXX of XXXX XXXX XXXX. Letter demands proof that repossession of the subject vehicle was legal in accordance with the following UCC : 9-506 EFFECT OF ERRORS OR OMISSIONS 9-611 NOTIFICATION BEFORE DISPOSITON OF COLLATERAL 9-612 TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL 9-613 CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSTION OF COLLATERAL Also demanded copies of the legal notices and proof of the commercially reasonable manner of the notification and resale of the vehicle. 

XXXX XXXX states that he addresses the allegations against XXXX XXXX XXXX only. XXXX XXXX XXXX continued to submit a payment after receiving certified mail demand for proof of said debt, infringing upon my consumer rights. Cleared check date XX/XX/ ( please see enclosed ) Also I have requested a copy of the check that was returned to Vital at the end of XXXX as XXXX XXXX states that all collection activities had ceased. He, as acting Manager of Compliance, failed to provide said proof in accordance with the above UCC. Also, has failed to respond to request for recorded conversations have been yet to be sent. 

XXXX XXXX has failed to not only adhere to the above UCC but also 9-615 & 9-616. 

Ally has provided a contract signed on XX/XX/XXXX in the amount of {$11000.00}. In XX/XX/XXXX, vehicle was turned over to repossession agent from XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, MO XXXX. Phone number XXXX. Vehicle was to be put in the front row of parking lot in front of XXXX XXXX XXXX in XXXX XXXX, MO as he stated that it would be checked in to the auction and I would receive a letter on how to redeem the vehicle. 

Agent never checked vehicle into auction, was towed by XXXX XXXX out of XXXX XXXX, MO under the request of XXXX XXXX XXXX. XXXX XXXX received certified letter from XXXX on approximately XX/XX/XXXX stating vehicle was in their possession. XXXX XXXX then contacted XXXX XXXX onXX/XX/XXXX and XX/XX/XXXX inquiring to charges according to the owner of XXXX XXXX, XXXX XXXX, but never came for the vehicle. XXXX XXXX sold the vehicle in XX/XX/XXXX for an undisclosed or unapplied amount. 

Under the laws of Missouri and UCC 9.506 as well as State RISA and MVISA statutes, a deficiency can not be claimed unless all of the required notices were properly and timely given and all of the allowable redemption and cure time limits were adhered to. 

XXXX XXXX has continuously failed to provide legal notices as required and requested and continues to seek a balance of initially {$10000.00} when in fact the amount financed was {$11000.00}. XXXX XXXX has made allegations against myself however I followed the instructions of their contracted company XXXX XXXX XXXX XXXX. XXXX alleges that it is a customer 's responsibility to update addresses, payment slip was sent back to them with updated address information. Requesting copies of all payment slips sent into XXXX at this time for verification. XXXX   states that the account was referred to an outside collection agency, XXXX XXXX XXXX however, XXXX XXXX XXXX was the company contacting me. 
XXXX XXXX XXXX continues to represent XXXX XXXX in all correspondence however has stated that the account has been returned to their client. There has been zero validation on who owns the debtXXXX XXXX or XXXX. 

Violation of Section 9-616 explanation of calculation of surplus or deficiency within 30 days of disposition not provided. There is no account of funds after the vehicle was sold whatsovever with XXXX XXXX. 

Both companies have failed to legally provide the above referenced. I request that the debt be deleted from all credit reporting agencies as well as being deemed null and voided in accordance with UCC and Missouri Laws. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX, MO XXXX

Company response to consumer: Closed with explanation