Consumer complaint received 2024-11-07 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Deficiency balance after repossession
Company: Heritage Financial Group, Inc.
State: KY

Complaint narrative:
Subject : Follow-Up Request for Full Disclosure of Repossession and Post-Sale Details, Including Surplus and Service Contract Returns Dear Heritage Acceptance Corporation XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX I am writing to follow up on your recent correspondence regarding the repossession of my vehicle. While I acknowledge receipt of your letter, I must point out that it failed to provide the required post-sale documentation that I previously requested. This documentation is critical to ensure my rights under both state law and federal regulations, specifically the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ), are being upheld. 

As previously stated, I request the following documents and information regarding the sale of the vehicle : Proof of Sale : Please provide the details of the sale, including the final sale price, the name of the buyer, and the date of sale. 

Breakdown of the Sale Proceeds : A detailed accounting of how the funds from the sale were applied to my outstanding loan balance. This includes the application of proceeds to the principal balance and any other charges or fees. 

Surplus or Deficiency : I am requesting full disclosure regarding any surplus or deficiency resulting from the sale of the vehicle. Should there be any surplus, I expect this to be returned to me promptly, as required under [ state law or the Uniform Commercial Code ( UCC ) ]. If there is a deficiency, please provide a breakdown of how it was calculated. 

XXXX XXXX XXXX : Please also provide an accounting of any funds returned to the lender from the service contract I financed, as this may impact my total balance and the surplus or deficiency calculation. I require documentation showing the amount refunded from the service contract and how it was applied to the loan balance.

Notice of Sale : A copy of the notice of sale that was sent to me, as well as proof of when and how the notice was delivered. 

Full Accounting : A detailed breakdown of the repossession, sale, and any applicable fees, including the application of the service contract refund. 

Failure to provide this information constitutes a violation of my rights under the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). As you are aware, the FCRA prohibits reporting outdated information on my credit report, and my rights to a fair post-sale accounting must be respected. 

If you fail to provide the requested documentation within 15 days, I will : File formal complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and relevant state agencies for non-compliance with federal and state law. 
Pursue legal action under the FDCPA, FCRA, and applicable state laws to recover damages and seek full compliance with the law. 
Please understand that this is a serious matter. If you do not respond with the requested documentation, I will take the necessary legal steps to resolve this issue and protect my rights. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation