Consumer complaint received 2023-08-10
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: AZ
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:
Hello, My vehicle has in fact been delinquent. The crux of this complaint and incident is : to what extent was my vehicle delinquent on or about XX/XX/2023, when the consumer XXXX XXXX, further identified as " I '', called into the creditor, United States Automobile Association, further identified as " USAA '' to inquire about satisfying that debt. 

On or about XX/XX/2023, I called USAA using my cell phone ( XXXX ) to inquire about bringing my vehicle current or as close to current as I could at the time. This was 5 days after I was paid for my employment, and bank records will show that I had the funds at this time to cure the delinquency with my account. While speaking with the USAA representative, I asked for an accounting of what was owed, not so I could duck out of paying it, but simply to be sure everything was accurate. At this time the representative that I spoke with was unable to reconcile the account and stated that after all of the math that she and I did together, she could not explain the amount requested. She put in a request to the business line to get some more clarification on the amount of the debt. Unfortunately, that call was disconnected and we ( USAA and I ) were not about to resolve the debt on that call. I was under the impression that there would be some reasonable attempt to contact me after the call was dropped and at the very least USAA would take a good faith effort in trying to confirm or explain the debt. 

On or about XX/XX/2023, USAA called me ( XXXX ) at XXXXXXXX XXXX XXXXXXXX, and thereafter a 41-minute phone call full of emotions ensued. I was told first that my vehicle was out for active repossession. I asked how that could be when no one has responded to my request for a full accounting following the XX/XX/XXXX phone call. I was placed on hold for an exorbitant amount of time but was then forwarded to XXXX in the internal escalations team due to the fact that I had allegations of violations of the FDCPA ( 15 U.S.C. 1692d, 1692e, 1692f, and 1692j ) ;. During the initial information verification portion of the call, XXXX asked me to confirm my address or location, and if I was still in possession of the vehicle. I commented, " is this an attempt to locate the vehicle so you can come and repossess it ''. XXXX stated that it wasn't and she commented " You will notice I did not ask if that is where the vehicle is ''. Please keep that exchange in mind. XXXX explained that an employee from the " Member Advocacy Team '', or something similar, would reach out to me within XXXX hours to either explain that the debt was correct or in any event simply present their findings. XXXX also ensured me on a recorded line, that there was a " Repossession Hold '' placed on my account until USAA could determine the validity of the debt, and that the hold would remain until I received some sort of information from the Member Advocacy Team. 

On or about XX/XX/2023 ( Today ) I woke up to get get my family ready for the day, and upon exiting my home to take my children to school, came to realize my vehicle had been repossessed without a notification that the hold was lifted or a call from the Member Advocacy Team as ensured by XXXX. I called USAA ( XXXX ) and was highly agitated and communicated my unbelief that a major financial institution would make several representations about the process to me that was clearly 1. False, 2. Deceptive, 3. Unfair and definitionally unconscionable. The representative XXXX, or something similar, first stated that USAA had made a mistake and that he could see the hold on the account that should have prevented the repossession, but then after placing me on another 20-minute hold, told me that the repossession was deemed " valid '' immediately contradicting himself. I explained the situation to XXXX with no avail as that did not change the circumstances at all. XXXX stated that the Member Advocacy Team did do their investigation and when I posed the dichotomous options of 1. USAA misrepresented what they would do or 2. USAA represented what they would do yet did something else, he stated " it sounds like option number 2 ... ''. That call was ended by me due to work commitments. 

I then called USAA ( XXXX ) back at XXXXXXXX XXXX   XXXX, and spoke with another collections employee whom I can not identify who told me that the full amount to redeem my vehicle at this time was {$2800.00}, and I asked her to explain this number and she stated that was my current arrerage plus a {$550.00} fee that USAA was assessed due to the repossession that was supposed to be put on hold. I asked to speak again with the internal collections team and surprisingly was connected with XXXX the same agent who told me about the callback I was supposed to receive, and the hold that she placed on the account. I explained to her my extreme situation and my complete and utter disgust at the actions and treatment of myself a XXXX USAA customer XXXX a combat veteran, and a single father of three. She explained to me on a recorded line that she did in fact place the repossession on hold and it was not supposed to be picked up while that hold was on. I explained to her that XXXX told me that was not the case, XXXX in fact stated that the review had been completed and my vehicle was actively taken off the hold status, and again that the tow was deemed " valid ''. She assured me that this was not correct and that " all levels ' of management were now involved due to the repossession taking place with the hold on the account. I asked her did she at least see my position and the confusion that might accompany it when I am told by her that the hold is still on but told by XXXX that there was no hold any longer. 

My greatest concern is that I mentioned Bankruptcy on the call on XX/XX/2023, more than once. And the actions of USAA since that call would lead any reasonable person to believe that they actively misrepresented the collections process so that they would be able to repossess the vehicle rather than deal with or be subject to the automatic stay that a bankruptcy filing would trigger. From the actions of USAA on XX/XX/2023, XX/XX/2023, and XX/XX/2023, it is clear that these steps were not taken in good faith and there as a matter of doctrine and policy, there was no duty for USAA to act in a manner that was fair, and not deceptive in accordance with the FDCPA ( 15 U.S.C. 1692d, 1692e, 1692f, and 1692j ) ;. 

I will conclude with this : I am sure you hear sob stories like these daily. And from the perspective of USAA this is just another bottom-feeder attempting to squeeze more value out of USAA without keeping up my end of the contractual bargain. But if that is your assessment of what this incident means to me now, that would insurmountable miscalculation. This is the first step in a marathon of legal action ( XXXX, Congress, the Senate, XXXX, and up to direct litigation in a Federal Venue ) that I am preparing to take to reclaim my sense of dignity.

All the events in this narrative are true to the very best of my knowledge and I will be willing to be deposed or testify based on it. 

EXPOSURE : This case can be resolved at the very lowest of levels. I am not currently asking for any damage for clear violations of the FDCPA or any other type of Federal, State, or Local statutes. Not only does this matter not pass the smell test, but it would also be highly irresponsible, monetarily speaking, to not work with me on getting current. With this being said, my demands below are as of today.

1. to remove the repossession fee of {$550.00}, 2. remove all fees associated with the current delinquency, and 3. allow me to bring my account back under 30 days delinquent by making a payment to USAA. 

Your immediate attention is required, please conduct yourself accordingly. 

Very Respectfully, XXXX XXXX XXXX

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