Consumer complaint received 2024-10-21
Product: Vehicle loan or lease — Loan
Issue: Repossession — Damage caused or loss of personal items in vehicle during the actual repossession
Company: PNC Bank N.A. (CA)

Vehicle Make and Model : [ XXXX XXXX ] Dear PNC Bank Legal Department, I am writing on behalf of XXXX XXXX XXXX, regarding the unlawful seizure and repossession of his vehicle ( VIN : [ XXXX ] ) without proper notice or communication, in clear violation of federal and state laws, including consumer protections under the Fair Debt Collection Practices Act ( FDCPA ), the Uniform Commercial Code ( UCC ), and relevant constitutional rights. XXXX XXXX attempted to resolve this matter by contacting your offices multiple times, yet received no response, and his vehicle was unlawfully seized following an impoundment by the police. 

Violations of Law and Consumer Protections 1. Violation of the Fair Debt Collection Practices Act ( FDCPA ) Under the FDCPA, 15 U.S.C. 1692, PNC Bank is obligated to provide clear communication with the borrower prior to taking any action to seize property. Section 809 of the FDCPA mandates that consumers are given proper notice and an opportunity to dispute the debt before any repossession can occur. 

In this case, XXXX XXXX was not provided any notice of impending repossession, nor was he given any written communication explaining his rights or the next steps to remedy any perceived default. This failure to notify violates the basic principles of the FDCPA and renders your repossession actions unlawful.

2. Violation of the Uniform Commercial Code ( UCC ) Under UCC Article 9, specifically 9-611, a secured party must send the debtor a reasonable notification before repossessing collateral. XXXX XXXX was never notified of his vehicles repossession, which directly violates the requirements of the UCC.

Additionally, UCC 9-609 limits a creditors ability to repossess property unless it can be done without breaching the peace. Since the vehicle was first impounded by the police and subsequently seized, this constitutes a breach of the peace under the UCC, which further invalidates the repossession.

3. Violation of the Truth in Lending Act ( TILA ) PNC Bank has further violated Terrences rights under 15 U.S.C. 1601 et seq. ( Truth in Lending Act ). This federal law requires lenders to provide consumers with clear and accurate information regarding their loan obligations and any actions to be taken upon default. The failure to respond to repeated communication from the consumer and the subsequent seizure without proper notification violates both the spirit and the letter of this act, depriving the consumer of vital due process protections. 

4. Constitutional Violations The repossession of XXXX XXXX vehicle without proper notice or legal due process constitutes a violation of his Fifth Amendment rights, which protect against the unlawful deprivation of property without due process of law. The Fourteenth Amendment further guarantees that no person shall be deprived of life, liberty, or property without due process. 

Remedy Demanded Given the violations outlined above, XXXX XXXX demands the immediate return of his vehicle and that all related charges, including any repossession fees, storage costs, or impoundment fees, be waived or obligated to PnC Bank. Furthermore, PNC Bank must update its internal records to reflect that no repossession is valid, and the consumers rights under both federal and state law must be respected going forward. 

Additional Claims Failure to rectify this situation immediately will result in further legal action under the applicable federal and state consumer protection laws, including but not limited to claims for : Violations under the FDCPA.

Breach of contract and violations under the UCC.

Deprivation of rights under the Civil Rights Act, 42 U.S.C. 1983, for acting under color of law to unlawfully deprive XXXX XXXX of his property. 

Next Steps I demand that PNC Bank respond to this letter within 24 hours of receipt and take immediate steps to return the vehicle and resolve this matter by giving car back or issuing check for full amount of car purchase price. Failure to respond will leave XXXX XXXX no option but to pursue all available legal remedies, and initiating legal action for damages incurred