Consumer complaint received 2022-07-29
Product: Vehicle loan or lease — Loan
Issue: Struggling to pay your loan — Loan balance remaining after the vehicle is repossessed and sold
Company: NBT BANCORP INC. (NY)

Name : XXXX XXXX XXXX. : Complaint - Suspicion of Unlawful Practices - Vehicle Repossession Bank : NBT Bank Bank Address : XXXX XXXX XXXX XXXX, XXXX, NY Account Type : Vehicle Loan Names of contact persons : XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX has responded to my complaint about the handling of the account and has notified me that all was handled appropriately. See email attachment and notes below. 

XX/XX/XXXX VEHICLE REPOSSESSION ISSUE / NBT BANK : My Vehicle : XXXX XXXXXXXX XXXX XXXX  vin # XXXX, was purchased at XXXX XXXX, XXXX XXXX, NY on XX/XX/XXXX. 
A loan was Secured with NBT Bank, my personal financial institution at the time. ( See Welcome letter - Loan intro from NBT Bank ). 
Along with the vehicle purchase, undercoating was elected as an option and added to the value of the loan along with an extended warranty. ( See Associated Purchase Documents ) During the Covid period ( XX/XX/XXXX through XX/XX/XXXX ), my hours working for the XXXX XXXX XXXX XXXX XXXX were reduced to part time hours for about half of the first part of XXXX, during which time I requested a loan extension for my vehicle loan and was informed that I would be required to go inside my local XXXX institution in order to set that up. I decided during the height of covid conditions against that option. Unfortunately, that began an accumulation of some late fees on the account trying to make sure the payments were made each month. 
At the end of XXXX, I left the XXXX XXXX XXXX XXXX  to find work where the health risk was less. I served my notice at the end of XXXX to start a new job at a different company. My intended start date was XX/XX/XXXX at the beginning of the new year. Unfortunately, that start date was cancelled, as there was a complete office Covid-19 outbreak at the new job preventing me from starting at that time. I became unexpected unemployed for approximately one month until XX/XX/XXXX. 
At that time, I applied for a loan extension with NBT Bank but I never did receive a response from them. ( See Loan Extention Request attached ) From that point forward it was a constant catch up game but I was making all good faith attempts to get caught up. 
I started receiving late payment notices starting in XX/XX/XXXX and they began coming approximately once a week with a different total each time. ( See attached ) By XX/XX/XXXX, I was receiving notices of being 2 payments past due. I never saw a full reconciliation of all payments received by NBT. 
As seen on the document showing transfers to NBT Bank for the loan note on the XXXX XXXX XXXX from My XXXX XXXXXXXX account, I calculate that by XXXX I should not have been behind on payments ( if my extension was granted? ) and by XXXX I should not have been 2 payments behind. I did try to catch up between XXXX and XXXX since by then, I was behind by 1 payment. This I agree with. 
In XX/XX/XXXX, I was terminated from my new job. Covid-19 restrictions created a situation where it was no longer required to have as full a staff and my position was going to be assumed by someone else in the company. I used my final paycheck to make a payment to NBT in XX/XX/XXXX ( See payment document ). 
I attempted several times to request another loan extension but the documentation online that I used previously is no longer available ( See document - " This Page No Longer Exists '' ) and I was told that lendees can only avail themselves of the provision 2 months per year, which I already used at the beginning of the year? If that is the case, why is my account 2 payments behind? 
Nevertheless, I logged into my online NBT account to download loan account records to work through the records and figure out what was going on with the payments. The account records function did not work properly. I was only able to retrieve the last 3 months at a time. I logged out at that time and decided to collect resources from my own banking institutation, XXXX  XXXX, from which I paid the loan and also collect letters from NBT. I would revisit my NBT online account later when I have an appropriate amount of time to figure out how to retrieve more data. The next time I logged in to retry, a day later, my account was removed altogether with no records showing at all. I decided to at least take a screenshot of what was available at the time. ( See screenshot ) At this point, I received notices of 2 payments past due until XX/XX/XXXX. That particular letter, dated XX/XX/XXXX, did state that action, if past due is not paid, may include repossesson of collateral ( See document ).

I was still unemployed at this juncture and looking for employment but I was also attempting to reconcile the account numbers and going through the letters and account details. When I received a new letter every few days, it noted a different amount owing. Sometimes it said past due and other times not.

14 days later, I received a notice that they may repo if what was owed isn't paid within 48 hrs. Without work still, I was trying to find work and also go through all documentation to make sure I didn't miss anything and was fairly confident that my payments would catch up with their notifications. ( See bank documents ) The next letter I received was dated XX/XX/XXXX ( Not sent XX/XX/XXXX ) that they may exercise their right and repo the collateral and less than XXXX weeks later the vehicle was repossessed ( By the time I actually RECEIVED their letter in my mailbox, it was only a true 7 days later that the vehicle was repossessed ). 
On XX/XX/XXXX, I went outside and the vehicle was not there. I did not use the vehicle the day before so I couldn't say when it was taken but it was not on the property on the morning of XX/XX/XXXX, so sometime before then. I wasn't even sure that it had been repossessed because I had not gotten a final notice saying it had been decided. I understand this was a misunderstanding on my part that they are not required to notify me of their final decision to repossess. 
I called NBT several times to verify that it had been repossessed, with no answer. I got no responses or call backs. I logged into my NBT account to see if perhaps there was information on my account about a repossession before calling police and initially there was NOT. More NBT calls. ( See Visible Phone Provider call record - Provided directly from my phone provider ) I left several messages. Days later, I logged in again and I finally saw a note on the loan account that the vehicle had been repossessed. 
At least now I knew what happened! 
But what I still did not know was where it was or how to get my personal belongings or my XXXX license plates or other property back. 
I sent an email through my NBT account requesting that someone please respond to my calls and request and I got a pleasant, generic, " contact the repo desk, '' which, of course, I had been trying to do all along. ( See document ) So I called again. Nothing. 
I emailed XXXX XXXX at her secure account - XXXX because she had tried to contact me using that email previously so I thought it might be worth a try. She never responded. Even to date, she has not responded to that email. 
Finally, I felt I had to reach out to their legal department to find out what to do about this. I can't even say whether I found the appropriate person to contact but noone else was responding and trying to locate the appropriate person on their contact page on their web site was frustrating. 
XXXX XXXX, apparently from the legal department, responded, giving me the number to call for any repo concerns ( the one I had been calling all week ) and she informed me that records show there were many attempts to contact me. ( See document ) I informed her that while NBT was seeking past due payment, attempts were definitely made. I received nothing at all since the repossession. 
On XX/XX/XXXX, I finally got to speak to XXXX XXXX, who was apparently handling the account, and she claimed that she had been trying to get ahold of me and called several times at my current number. 
Again, while they were seeking past due payments, I got a call about every other day. ( See Phone Carrier records ) BUT from the time the vehicle was repossessed until then, I had heard NOTHING. 
At this point it had been 6 days since the vehicle was taken from the rental property. 
XXXX claimed she could not provide me with any information about the repossession impound company except the name and phone number, which I took down. I googled the information on my own after that and called them myself. 
I asked XXXX what was being done with the plates during this whole time while it was being held without my knowledge of its whereabouts. 
XXXX informed me that the plates had been returned to the Department of Motor Vehicles in XXXX. 
Prior to this call, I contacted my insurance company to ask what I should do about insurance on the vehicle because the bank was not responding to my inquiry and they strongly suggested that I not cancel the vehicle 's insurance because the NYS plates and vehicle registration were still active per their records. At the same time, I had logged into my own XXXX DMV account online to note what was recorded ( See screen shot from XXXXDMV account for regstration of XXXX XXXX XXXX ) and then did so again while I was speaking with XXXX. The registration was indeed still active and there had been no plate surrender within the previous 6 days. 
XXXX informed me that I had until the XXXX of XXXX to wire {$2200.00} to the bank to settle the account or the vehicle would be sold. No other options were presented to me. I did explain that I had lost my job and let her know that that amount would be impossible in just a few days. Furthermore, I question the amount owing. 
I did tell her I thought there was a stay on vehicle repossession during XXXX if the inability to pay was due to Covid-19 per the XXXX Repossession legislation? She did not respond. I was very clear that I had lost my job in XX/XX/XXXX in all emails I sent. Noone ever questioned it or informed me of any special circumstance that I might qualify for or should be aware of. Nor did she ask if my circumstance was related to Covid-19. She was not interested in what I said at all. She repeated several times that she was sorry to hear that " I didn't think I was notified properly about the repossession '' because there were many attempts to call me about the matter. This, I have come to learn, was a piece of legislation that was sadly and surprisingly, never enacted. See later note. 
When I hung up with XXXX, I called the repossession company, XXXX XXXX, and the lady I spoke with was very helpful. She scheduled a time for me to go to their impound lot in XXXX, NY, approximately an hour away, to collect my belongings from the vehicle. I was told I should do it the very next day, XX/XX/XXXX, or I would have to wait for another week because they would be closing for the holidays. She informed me that I was required to bring the vehicle keys to surrender as trade for my personal effects, which I did. I received a receipt for the pickup of my personal effects and the forfeit of the key fobs x2. ( See document ) Imagine my surprise when she informed me that the XXXX plates had NOT been returned to the XXXX DMV in XXXX and are still affixed to the vehicle. I retrieved them myself and returned them in person to the XXXX, NY DMV in my area on XX/XX/XXXX. ( See surrender documentation ) I then was able to call my insurance company, XXXX, and cancel the insurance coverage on the vehicle. I'm thankful that at least my insurance company was knowledgeable, and whose recommendations likely prevented a terrible and costly mistake of insurance lapse. I would most certainly just have canceled the insurance thinking it was a non-issue and they were secure at XXXX, NY DMV, had I listened to XXXX. Not happy about that. 
I feel the need to repeat again, I received exactly ZERO calls once the vehicle was taken to notify me that it had been repossessed or where I might collect my belongings. In retrospect, I should have been more proactive in researching what I might qualify for, rectifying accounts sooner, and contacting the lender sooner. With growing medical concerns and having just lost my job, it was not ideal circumstances and it was certainly taken advantage of, I believe. 
XXXX of note, too, I never believed it would come to this under these circumstances. It has happened before - many times- with this NBT vehicle loan account, that their notifications are sent at the same time a payment is made, or payment is made shortly afterward and it just comes to naught because I know its paid I so didn't worry about it overly much. I have several notification over the years with this account that look exactly like this one did. Suddenly this was different, how? I coud n't help but think they were taking full advantage of people in the unfortunate Covid situtation to profit from the high value of vehicles on the market. That's, of course, personal conjecture, but that's how it felt.

I heard nothing again from anyone at NBT about the sale of the vehicle, which surprised me because I expected to be informed, per what I believe is XXXX law, of the where and when of the sale of the vehicle as it has to be disclosed prior to sale. The last notification I received was on XX/XX/XXXX ( Letter dated XX/XX/XXXX - that was the actual date of repo, BUT SENT BY NBT on XX/XX/XXXX - as seen on THEIR ENVELOPE per USPS tracker ) that they intend to sell the property and that they have already repossessed the vehicle ( This is the first written document I received about it having been repossessed - 6 days later? ) On XX/XX/XXXX, once I had a good, solid chance to reconcile all of the financial records that I could locate and retrieve all of the documents that I have- and verify through USPS tracker were the only ones I received from NBT and when- I sent an email to all of the persons who XXXX XXXX copied in her last email to me. I felt if she thought these persons should be included on the email, they must be ones whom I should include as well for this purpose. I wanted to addressed the issues I had with the way that this was handled and give them an opportunity to make ammends in some way, but didn't actually expect any good to come of it. It was more of formality and a courtesy. 
I also informed them that I would be filing a complaint about the way the repossession was handled because it needed to be made a matter of record. I did add in my email that I thought that New York State Legislation Bill 2849, protecting ones from repossession during XXXX would certainly have applied in my case. She responded, I feel, rather smuggly, that the piece of legislation I presented was never enacted into law and so they were perfectly within their right to repossess the vehicle. And that if I couldn't find the license plates, I should contact the DMV. Which definitely gave me the impression that she did not really read my email at all, as obviously, the plates are no longer still missing a half a year later. What I wanted to address was that I was misinformed about the license plates being surrendered in XXXX when they were not and that it took me 6 days to find them along with my personal belongings with no help from NBT, where, I feel certain, they must have had SOME legal obligation to provide me with this information sooner than they did. It felt outrageous to have to hunt this information down as hard as I did. ( See email thread attached ) IN SUMMARY : I received NO phone calls from NBT after the repossession except in the case where I continued to call and email and hound until the person who was handling my account, XXXX XXXX, finally picked up the phone. 
The only XXXX letters I received on or after the repossession were : XXXX : The letter dated XX/XX/XXXX ( but not sent XX/XX/XXXX ) the same day as the repossession, ( Sent XX/XX/XXXX - Received XX/XX/XXXX - see usps tracker ), stating they already took possession of the vehicle and intend to sell it after XX/XX/XXXX at a private sale unless past due payments are made, which I told XXXX I was not able to do since I was not working. NO information about when and where the sale would be. Also, this is the first mention of where my personal belongings, item belonging to my landlord ( Property parking tags ) and XXXX license plates could be located. By then I had already tracked it down myself and made arrangements to go take care of it myself before the impound lot was closed for the next several days for the holiday. 
2 : The letter dated XX/XX/XXXX ( but not sent on XX/XX/XXXX ) the same day as the sale of the vehicle. This lets me know that the vehicle has been sold and now I owe {$4900.00}. 
Vehicle was SOLD : XX/XX/XXXX Sale Price in a Private Sale : {$7500.00} Payoff Loan Amount : {$12000.00} XXXX -- -- -?? 
Repossession Fees : {$520.00} XXXX -- -- -?? 
Amount of Deficiency : {$4900.00} The last screenshot I took in my NBT Online Portal before my account was deleted showed {$10000.00} - AFTER citing " Repossession '' and OTHER " Fees. '' ( See Screenshot )