Consumer complaint received 2021-12-08
Company: ADESA CORPORATION
State: SC
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
ADESA XXXX was complicit and involved in an unlawful repossession. On XX/XX/XXXX, my vehicle, XXXX XXXX XXXX XXXX ( XXXX XXXX ) was transported to ADESA for sale. ADESA had knowledge that I am the owner, no LEIN HOLDER. However, ADESA unlawfully held my vehicle until the vehicle allegedly sold on XX/XX/XXXX. I called several auctions in both SC and NC in search of the vehicle. I spoke with ADESA on XX/XX/XXXX, who confirmed that ADESA had the vehicle. But ADESA said it would not release my vehicle until they received authorization from XXXX XXXX XXXX. XXXX XXXX was not and has not at any time been my lien holder. I am the Title holder and XXXX XXXX XXXX XXXX XXXX was the loan originator. On XX/XX/XXXX, I faxed several documents to Santander and the tow/retrieval company supporting that I am the lawful owner of the vehicle. I also called both companies to confirm receipt of these documents. The towing company XXXX XXXX XXXX XXXX XXXX XXXX ) said it would release the vehicle upon authorization from XXXX. On XX/XX/XXXX, I also spoke with XXXX XXXX XXXX  who also said it would release the vehicle upon authorization from XXXX XXXX XXXX. However, XXXX said it needed an additional 48 hours to review my CFPB complaint. And it would have a response by Tuesday ( XX/XX/XXXX ). But on XX/XX/XXXX, I received no response from XXXX. And on XX/XX/XXXX with documents supporting that I am the lawful owner of the vehicle, I went to XXXX, SC where the vehicle was being unlawfully held. I called XXXX City Police and requested an Officers presence to ensure the peace and safety. I showed the documents and explained to the officer that I was there to take my unlawfully seized vehicle. We entered the tow yard office and spoke with XXXX, the tow yard manager. I told her that I had documents supporting that I am the owner of my vehicle and that XXXX is not the lien holder. A few seconds later, my sister ran into the office saying that my car was not there. XXXX said that my vehicle had been transported earlier that day to an auction yard to be sold. She refused to disclose the name of the auction, but said I would get notice of the vehicles location, and date and time of the auction from XXXX within five ( 5 ) days. I never received any notice from XXXX or ADESA regarding the auction of the vehicle. I reiterated that I am the owner of my vehicle. XXXX checked the VIN and noted that I am the Title Holder and XXXX XXXX, not XXXX, is the loan originator. XXXX said the auction would reject the car since XXXX is not the lien holder. She said that once the car was returned to them, she would call me to pick up the vehicle. However, ADESA did not return the vehicle, but held the vehicle on its lot until it allegedly sold according to XXXX on XX/XX/XXXX. On XX/XX/XXXX, I spoke with XXXX XXXX XXXX who was assigned by XXXX XXXX XXXX to do the repossession. Also, note that XXXX XXXX XXXX  is a subsidiary of ADESA. XXXX said, Since it already left the Tow Agents lot ( XXXX XXXX XXXX XXXX ), I would have to get with XXXX and they give you the location where its at so you can pick it up. XXXX  also advised that I ask XXXX if they could do a TAKE BACK where they ( XXXX ) can bring the vehicle back to me.If XXXX XXXX had checked the VIN, XXXX XXXX would have noted that I am the lawful owner of the vehicle. Evidently, XXXX XXXX did not check the VIN before assigning the vehicle for repossession. On XX/XX/XXXX, I called SC DMV to verify some information that I had received from them on XX/XX/XXXX. DMV confirmed that the lien was satisfied on XX/XX/XXXX. DMV said the Title was released to me on XX/XX/XXXX. I said that I was told previously that the Title was sent to my XXXX XXXX XXXX and was asked if I received it. I said that I never received the original title and asked if she could confirm the address that it was sent to. The DMV Agent said that it was not sent to my XXXX XXXX XXXX it was sent to a NC address. I asked for the address, but she could not provide for privacy concerns. I said that I am the owner of the vehicle ; you cant tell me where my title was sent? She said I could request that information in writing. I said I recently requested and did receive my DMV history regarding the vehicle, but I didnt see that information in there. She asked me to hold to speak to someone about getting this information. While holding, I remembered that ADESA is in XXXX NC. I XXXX the address for ADESA and when the DMV Agent returned, I asked her to confirm whether that was the address where my original Title was sent? She said Yes. She asked if this was the address for the former lien holder ( XXXX XXXX ) who released the lien on XX/XX/XXXX? I said NO! XXXX is in California. I said that address is ADESA XXXX, the auction yard that held my vehicle from XX/XX/XXXX until it allegedly sold on XX/XX/XXXX. XXXX fraudulently sent my Title to ADESA. ADESA knew before and after receipt of that Title that I am the lien holder of the vehicle. ADESA ignored both federal and state laws and were complicit with Santanders fraudulent actions. My insurance provider XXXX called ADESA on XX/XX/XXXX and XX/XX/XXXX, but ADESA refused to disclose the whereabouts of the vehicle. The car could not be sold or registered since I hold the title. My registration is active on this vehicle. On XX/XX/XXXX, ADESA told XXXX that they needed to speak to XXXX about the cars whereabouts. I along with XXXX know that my vehicle is still on ADESAs lot and that ADESA is purposely withholding it since disclosing the vehicles whereabouts reveals ADESAs complicity and involvement in this fraudulent scheme. I filed a NCDOJ complaint against ADESA and ADESA was informed of this complaint on XX/XX/XXXX. ADESA was informed that it had within 15 days of the date of the letter to respond. The deadline was XX/XX/XXXX and ADESA has not responded to the complaint.

Company response to consumer: Closed with explanation