Consumer complaint received 2024-10-07
Product: Vehicle loan or lease — Loan
Issue: Repossession — Lender trying to repossess or disable the vehicle
Company: VW Credit, Inc (GA)

On XX/XX/XXXX, my XXXX XXXX XXXX was illegally repossessed from my mothers driveway in a homeowners ' association ( HOA ) neighborhood. This repossession violated several consumer protection laws, including my right to proper notice, privacy protections, and prohibitions against a breach of peace during repossession. 

Failure to Provide Proper Notice ( XXXX XXXX ) : Under XXXX  law, VW XXXX was required to give me written notice at least 10 days prior to repossession, allowing me the opportunity to cure the default. However, I only received an electronic XXXX XXXX XXXX ( XXXX ) notice on XX/XX/XXXX, which was not within the required timeframe. VW XXXX failure to comply with the 10-day notice period denied me the right to remedy the situation before repossession. 

Breach of Peace During Repossession ( XXXX XXXX XXXX ) : During the repossession, the third-party repo agent disregarded my explicit request not to take the vehicle, despite my presence and direct objection. The agents behavior was hostile and aggressive, creating an intimidating environment. Repossessions must be done peacefully, and by ignoring my request and proceeding to take the vehicle, this violated my rights under the Uniform Commercial Code ( UCC ), which explicitly prohibits a breach of peace during repossession. Additionally, I informed the repo agent that I intended to call the police, to which he sarcastically responded, " You could call the police, that's even better. '' This further escalated the situation and contributed to the breach of peace.

Privacy Violation ( 15 U.S.C. 1692c - FDCPA ) : VW XXXX also violated my privacy by disclosing personal financial information to the third-party repo agent. This is a clear violation of the Fair Debt Collection Practices Act ( FDCPA ), which prohibits unauthorized third parties from receiving personal financial details without my express consent. The repo agents knowledge of sensitive financial details that were not shared by me constitutes a violation of my rights under the FDCPA.

Violation of Property Rights ( Trespass ) : My vehicle was repossessed from my mothers property, which is not listed on my loan agreement with VW XXXX. My mother is not a party to the loan, and the repossession agent trespassed on her property, violating her rights as the homeowner. No consent was given for them to enter her property or take the vehicle from her driveway. 

Laws Violated : XXXX XXXX XXXX : Prohibits a breach of peace during repossession. The repossession was conducted in violation of this law when the repo agent ignored my direct objection and continued with the repossession despite my presence. 
XXXX XXXXXXXX : VW XXXX failed to give the required 10-day notice before repossessing the vehicle.

15 U.S.C. 1692c ( FDCPA ) : My privacy was violated when personal financial information was disclosed to an unauthorized third-party repo agent without my consent. 
Requested Remedy : Due to these numerous violations of state and federal laws, I demand the following : Immediate release of my vehicle : The repossession was unlawful, and the vehicle should be returned to me immediately without any further charges or fees. 
Compensation for damages : I have suffered emotional distress and inconvenience as a result of this illegal repossession and the violation of my rights. I demand compensation for these damages.