Consumer complaint received 2025-11-20 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Voluntary repossession
Company: Auto Now Financial Services, Inc., Phoenix, AZ Branch
State: AZ

Complaint narrative:
Today, XXXX XXXX XXXX XXXXXX/XX/XXXX, I spoke with XXXX XXXX and was advised to submit feedback and file new complaint and immediately after providing that information, was hung up on. I was advised by a female representative of the CFPB yesterday XXXX XXXXXX/XX/XXXX, at XXXX that my complaint has been received and the company has responded and closed the complaint. I received an email confirming this as of XXXX. I was advised that I can submit feedback on the current complaint and file a new complaint if I have more evidence or supporting documentation. I have submitted feedback on the previously filed and closed complaint. 
I am submitting a new complaint because as of XXXX XXXXXX/XX/XXXX, XXXX XXXX has submitted XXXX different conflicting statements to the XXXX Police Department, the XXXX Attorney Generals Office, and the Consumer Financial Protection Bureau. The company ( XXXX XXXX ) is clearly changing its story depending on the agency it responds to. This is evidence of misrepresentation, providing false information to regulators, attempted cover-up of contract misrepresentation, and retaliatory or fabricated notice sent only after complaints were filed. 
XXXX XXXX XXXX XXXX XXXX is working on case XXXX XXXX XXXXXXXX ) that is associated with this complaint and case. As of today Thursday XX/XX/XXXX, several employees of XXXX XXXX have been booked and are currently in jail in reference to the case number above. 
Additionally, the company XXXX XXXX XXXX XXXX claimed to have sent me a notice on XXXX XXXXXX/XX/XXXX, which was the same day of the illegal repossession of my XXXX XXXX XXXX. However, the notice was sent via email XXXX days later XXXX XXXX XXXX XXXX XXXX XXXX XXXX which can be verified by email metadata. This indicates that the notice sent was backdated AFTER I filed my complaints. 

I was notified on XXXX XXXX XXXX XXXXXX/XX/XXXX by the XXXX company as well as XXXX XXXX XXXX that my illegally repossessed vehicle ( XXXX XXXX XXXX ) would be auctioned by the end of the day XXXX XXXX XXXX  told XXXX Police that they were not allowed to speak with me, that a cease and desist was in place, that there was no XXXX XXXX XXXX XXXX ever brought to their dealership as a trade-in and that my girlfriend XXXX XXXX was not listed as a co-signer. 

XXXX XXXX XXXX told the XXXX Attorney Generals Office via XXXX XXXX XXXX XXXX XXXX was not included on the loan as our records show that she had informed our staff that she did not wish to proceed as a co-signer. The lender approved the financing solely in XXXX XXXX name, which is supported by the loan documents all being signed and accepted by him, and we have no record of her ever signing or accepting any loan documents. The XXXX XXXX XXXX XXXX was not traded in to our dealership. XXXX does not appear in the contract or supporting paperwork because it was never part of the transaction. Our understanding is that XXXX XXXX sold or disposed of that vehicle independently. The {$1000.00} down payment was received on the date of purchase and properly applied toward the purchase price of the XXXX. Documentation reflecting this payment is retained in our records. 

XXXX XXXX XXXX finally told the Consumer Financial Protection Bureau via Complaint XXXX XXXXXXXX ) - Co-signer Omission XXXX XXXX alleges the contract is flawed because his girlfriend was not listed as a co-signer. The prospective co-signer was sent XXXX separate links to complete the necessary credit application and consent to the contract terms, but she failed to complete the application process on both occasions. Conclusion : A co-signer can not be added to a contract without completing the required application and formally consenting to the debt obligation. XXXX XXXX signed the contract as the sole obligor, which he agreed to, as documented by his signature on all final transaction documents. There was no misrepresentation or omission regarding the lack of a co-signer, as the condition for co-signing was never met. XXXX Trade-in Vehicle Dispute and Down Payment XXXX XXXX alleges the contract failed to list his XXXX XXXX XXXX XXXX XXXX which resulted in an " unlawful sale '' of the vehicle. The sales agent, confirms XXXX XXXX sought to trade in a XXXX XXXX but was unable to complete the deal because the vehicle was inoperable. The agent explicitly informed XXXX XXXX that he would not be able to take the vehicle in on trade. The XXXX XXXX was never accepted as a trade in, or recorded on the final sales contract that XXXX XXXX signed and agreed to. Down Payment : XXXX XXXX 's {$1000.00} down payment was accepted by the dealership in a split format ( cash and debit card ) and was properly applied as a cash down payment toward the financed amount. XXXX Alleged Illegal Repossession and Cease & Desist Letter XXXX XXXX claims the repossession on XX/XX/XXXX, was unlawful due to a prior Cease & Desist letter and lack of notice. Cease & Desist : A Cease & Desist letter sent to the lender only restricts phone and written contact as defined by the Fair Debt Collection Practices Act ( FDCPA ). It does not waive, limit, or preclude the lender 's contractual right to repossess collateral upon default. Legal Repossession : The repossession was conducted lawfully as permitted by the Uniform Commercial Code ( UCC ) as adopted in XXXX  specifically XXXX. XXXX, which allows a secured party to take possession of collateral without judicial process. XXXX. XXXX, Official Comment XXXX : " This section does not impose a requirement of notice. However, a secured party 's right to take possession is not unqualified ... the secured party may proceed without judicial process. '' Post-Repossession Notice : Following the repossession, a Notice of Intent to Sell Vehicle was sent to XXXX XXXX, providing him with the legally required XXXX period to redeem the vehicle. Conclusion and Proposed Resolution XXXX Now maintain that the underlying contract is valid and enforceable, and no fraud, misrepresentation, or breach occurred. XXXX XXXX defaulted on his payment obligations, which properly triggered the right to repossession. The only remaining action is the right of redemption. XXXX Now will proceed with the sale of the vehicle unless XXXX XXXX redeems the vehicle by paying the full outstanding balance, as stated in the Notice of Intent to Sell. 


These pieces of clear evidence, as well as the above outline of XXXX conflicting statements submitted by XXXX XXXX to government agencies and databases prove that this matter needs to be escalated to the highest tier, as fraud and deception practices are continuing to take place. I have contacted the FBI as of today at XXXX. I was advised to submit a complaint form through the IC3 Unit. I will also be contacting the NCUA.

Company response to consumer: Closed with explanation