Consumer complaint received 2024-02-16
Product: Vehicle loan or lease — Loan
Issue: Repossession — Damage caused or loss of personal items in vehicle during the actual repossession
Company: TD BANK US HOLDING COMPANY (CA)

Narrative. 
On XX/XX/XXXX, I purchased a XXXX XXXX XXXX, VIN XXXX, from XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, CA XXXX. The auto was financed by TD XXXX, accompanied by a trade-in. My current credit score was XXXX. The amount financed was {$34000.00}. 

I began to fall behind in payments due to employment issues. As the XXXX XXXX of a church, we were severely hurt when the XXXX virus hit us all. In the interim I began to work as a XXXX with XXXX XXXX. What is important was that I was in contact with TD XXXX, promising them that I would uphold my commitment to the contract. After thinking that I had negotiated more time, unfortunately TD Auto Finance thought differently, and as I came out the very next morning the auto had been repossessed. Notice of Seizure was recorded on XX/XX/XXXX at XXXX. 

Upon discovery, I began the process to restore the vehicle to my possession. After the request for an extension, the auto was not to be sold until XX/XX/XXXX. 
On XX/XX/XXXX, a payment was accepted by TD Auto Finance in the amount of {$2300.00}. This was the amount needed to bring the auto out of repossession. 
Upon traveling to XXXX XXXX XXXX XXXX XXXX to retrieve my possessions from the vehicle, I proceeded to XXXX XXXX, in XXXX XXXX, CA to inquire about the vehicle. The needed documents were presented, such as receipt of payment and the report from the XXXX XXXX Police Department. 

As we approached the vehicle for possession of it, it was told to me that it was inoperable due to damage to the drive shaft. The car would only go in reverse. There was also a dent in the right rear bumper wheel side that was not there the night before. 
After repeatedly speaking with TD XXXX, XXXX XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX, in XXXX of XXXX, I made my last payment for the vehicle. It was clear that I was going to be held responsible for something that I did not do. The vehicle was completely operational the night that they seized the vehicle and after being repossessed it was not. 

According to XXXX XXXX XXXX XXXX XXXX, the shift cable and shifter were damaged. This would be a result of someone forcibly placing the vehicle in neutral so that it can be towed. This permanently severed the link between the transmission and the engine. I would have no need to do something that would make it difficult for towing, especially seeing how I was using the vehicle to make XXXX XXXX deliveries. 

This is the decision from XXXX XXXX XXXX : Below is the resolution for your complaint Resolution : At this time I am not able to find the agent at fault for the alleged damages. According to the agent 's pictures and condition report completed at the time of repossession this collateral was secured with preexisting physical damage. This collateral was transported to auction ; the transport company 's representative signed off on the release documents acknowledging preexisting damages to be present. No keys were present at the time of repossession and the mechanical functions of the unit would have been unknown. If the customer would like to further pursue this complaint they may contact the transport and auction directly. 
Unfortunately we do not have the transport and or auction information as we do not remark it for your lien holder. You would have to reach out to your lien holder to get that information and they would have to perform an investigation on their end. 

Thank you Have a Great Day! 
XXXX XXXX. 
XXXX  XXXX XXXX | Account Specialist | Resolutions Department Phone : XXXX This was either done by no one, by me, or in my estimation by the person/company that towed the vehicle. 

I have connecting emails from every party involved. I have pictures involved. And now I have a blemish on my credit report that shows this as a charge-off/closed account in the amount of more than {$25000.00}, when I did everything on my end to de-escalate this situation. However, I refused to pay for an automobile that I did not damage to the point that made it inoperable. Was there previous damage? Yes there was previous damage, and I have an estimate for the previous damage as I was waiting for parts ordered from XXXX XXXX in XXXX XXXX. Due to the COVID-19 environment, the parts took a long time to get to the U.S. because of the disruption in the supply chain and what made this even more challenging was the fact that this vehicle was a joint project with XXXX and XXXX, which in turn made getting the needed parts more challenging. I have an estimate of what was damaged before the company repossessed this vehicle. Furthermore, TD Auto Finance took it upon itself to contact my insurer as if to charge me for the damages done during the repossession. 

I will cease for now as I think that I have stated enough in this complaint that should launch a formal complaint against TD Auto Finance. I have more pictures with different angles. I have an estimate of damages before this happened. No one owned up to this debacle. 

Furthermore, TD Auto Finance broke contract and because of this, I want this stricken from my consumer credit report, that way, I can get another auto so that I can work my way out of this hole. According to the contract, after making resolution, the vehicle was to be returned to me at XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, CA XXXX. 
This never happened. Again, I have emails from all parties involved. I sent a letter to the Office of the President of TD Auto Finance, XXXX, XXXX, on XX/XX/XXXX ( registered mail # XXXX ) that required a signature upon receipt, asking that they do the right thing. You can not repossess a vehicle, allow it to be resolved, damage the vehicle to make it inoperable, refuse to pay for it, make the party who purchased it liable for what you did and ruin their credit score. If this is called legal, then we have lost our moral compass in corporate America and we are all governed by a bunch of wealthy bullies who are such losers that they still dont know that they have already won. 

Sincerely, XXXX XXXX XXXX, XXXX, XXXX. 
XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX