Consumer complaint received 2024-12-03 00:00:00
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Harley Davidson Financial Services Inc
State: CO

Complaint narrative:
Complaint Details Entity Complained About : Harley-Davidson Financial Services XXXX XXXX XXXX XXXX  Complaint Type : Unlawful Debt Collection Practices and Unlawful Repossession Nature of Complaint : Fraudulent Debt Collection and Attempted Unlawful Repossession of Property Summary of Allegations I am filing this complaint against Harley-Davidson Financial Services , doing business as XXXX XXXX XXXX, for engaging in unlawful debt collection practices and attempting to repossess my XXXX Harley-Davidson Nightster, purchased on XX/XX/year>. Despite repeated requests for documentation and proof of the legitimacy of the debt, the company has continued to attempt to collect this debt without providing adequate evidence. I believe this constitutes fraudulent behavior, and the attempt to repossess the vehicle is unlawful. 

Specific Allegations Failure to Provide Proof of Lawful Debt I have requested documentation proving the validity of the debt and the terms under which it was incurred. Harley-Davidson Financial Services has failed to provide satisfactory evidence of lawful consideration, including a full accounting of the loan agreement, payment history, and any additional charges. Without proof of a valid debt, I contend that their efforts to collect on the loan are without merit. 
Unlawful Repossession Attempt Despite the lack of valid documentation and my formal disputes regarding the debt, Harley-Davidson Financial Services has made attempts to repossess the XXXX  Harley-Davidson Nightster . This action is premature and unlawful, as the company has not provided any substantiated evidence that the debt is legitimate or enforceable. 
Fraudulent Debt Collection Practices Harley-Davidson Financial Services has continued to pursue this debt without providing necessary documentation to support its claims. These actions are in violation of the Fair Debt Collection Practices Act ( FDCPA ), which mandates that creditors provide evidence when a debt is disputed. By failing to provide this documentation, they are engaging in fraudulent debt collection practices. 
Violation of Consumer Rights The continued attempts to collect an invalid debt and repossess my property are a clear violation of my consumer rights. These actions are causing unnecessary financial and emotional harm and are based on an unsubstantiated claim. The repossession attempt is not only unlawful but also predatory, as it is being carried out in the absence of any valid debt or proof of obligation. 
Why the Debt Collection and Repossession Are Unlawful Harley-Davidson Financial Services actions are unlawful for the following reasons : Failure to Provide Proof of Debt I have requested, in writing, proof of lawful consideration for the loan and have been provided with no substantive response. Under both the Fair Debt Collection Practices Act ( FDCPA ) and relevant state laws, a creditor is required to provide such proof when requested. The failure to do so renders the debt collection efforts and repossession attempts unlawful. 
No Evidence of Debt or Default Without clear documentation of the loans terms, payments, and balances, there is no verifiable evidence that a debt even exists. The absence of this evidence leads me to believe that the debt, if claimed, may be fabricated or exaggerated. 
Premature Repossession The attempt to repossess my XXXX  Harley-Davidson Nightster is based on the same unsubstantiated claim of a debt that has not been verified. Repossession is a drastic step that should only be taken when the debt is valid, and the terms of the loan have been clearly violated, which is not the case here. 
Violation of Fair Debt Collection Practices According to the FDCPA, creditors must cease collection efforts if a debt is disputed, and they are required to provide evidence of the debt. Harley-Davidson Financial Services has not done so, violating federal consumer protection laws and my rights as a consumer. 
Relevant Evidence I am prepared to provide the following evidence to support my complaint : Copies of all correspondence with Harley-Davidson Financial Services requesting proof of debt and their failure to provide documentation. 
Written disputes of the debt and the lack of responses from the creditor. 
Records of the attempted repossession, including any notices or communication from Harley-Davidson Financial Services or their agents. 
Any formal complaints filed with other agencies or entities regarding this issue.

Company response to consumer: Closed with explanation