Consumer complaint received 2015-11-21
Company: TD BANK US HOLDING COMPANY
State: NY
Product: Consumer Loan
Sub-product: Vehicle loan
Issue: Problems when you are unable to pay

Complaint:
TD Auto Finance iIlegally repossessed my auto vehicle, and then report the illegal repossession to the credit reporting agencies. On XXXX/XXXX/15 I went into the parking lot where I parked my vehicle to get a bag with documents, such as myself and my children passport, social security cards, my children birth certificates, my degree among other documents that I had left in the car, then I see that the car was not in the lot. I first call my local XXXX to see if they will have any information of the where about of my vehicle but they did not have any information. I asked around but no one had any information on my vehicle. On XXXX/XXXX/15 I received a certify mail from TD XXXX date XXXX/XXXX/15 and was postmark with the same date. After verification the letter was first scanned at the usps facility on XXXX/XXXX/15. The letter stated that my car was repossessed by TD auto finance, it also state that my vehicle will be offered for sale at a private sale beginning on XXXX/XXXX/15 and from day to day thereafter until it is sold. The letter also advise the amount of money I owed. TD auto has violated several of NY State law when repossessing a vehicle. I was never informed within 24 hours after my vehicle was repossess by TD as required by NY law, also TD never inform we of where my vehicle is or provide me with information as to how I can get my personal belongings that were in my vehicle. Also TD auto never advise me my phone,, text, email or mail the date, time or location of sale of my vehicle. According to New York State Law After Your Property is Repossessed1.The secured party ( the seller or lender ) may sell your property by public auction or private sale. Such sale must be reasonable in terms of the method, manner, time, place and terms. 
2.You have the right to be notified of the time and place of a public sale and/or of the time after which a private sale you goods will be made. 
3.If you have paid the seller sixty percent ( 60 % ) of the cash price for the goods he/she repossesses, or 60 % of your loan from a lender, the seller or lender must sell your repossessed goods within 90 days. If you have paid less than 60 % of the amounts due, the creditor does not have to sell the goods and he/she can keep both the goods and your money. When your creditor sells your repossessed goods, the money he/she receives goes first to his/her expenses from repossessing and selling the goods, then to satisfaction of the debt. If there is any money remaining, you will receive it. If your creditor did not receive enough money from the sale, he/she may sue you to make up the difference. 4.Until the creditor sells the goods, you have the right to pay all of your debt plus the creditor 's expenses in repossessing and preparing to sell the goods ( including reasonable legal expenses ). The creditor must then return the goods to you. Motor Vehicles and Motorcycles New York law requires a creditor who repossesses your motor vehicle or motorcycle to notify you personally, or by special delivery first class mail, within XXXX hours of such repossession. Such notice must also be given to the nearest motor vehicle district office and must include the name and address of the person, firm, or corporation repossessing the vehicle. If your motor vehicle or motorcycle is being held under a lien for repairs or storage, the holder of the vehicle must return to you any registration plates for such vehicle upon your request within 24 hours. If the creditor fails to do this, he/she must personally deliver or mail by special delivery first class mail, a notice of such holding and the number plates of such motor vehicle or motorcycle to the nearest motor vehicle office. 
TD Auto finance deliberately disregard the NY State law and illegally repossess my vehicle. They also violate federal law by reporting this illegal repossession on my credit report.

Company response to consumer: Closed with explanation