Consumer complaint received 2024-01-03 00:00:00
Product: Debt collection — Auto debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: VW Credit
State: PA

Complaint narrative:
On XX/XX/2023, XXXX XXXX XXXX, a debt collector, violated my rights as a federally protected consumer according to 15 USC 1692, Section 6. They have used unfair, abusive, and deceptive practices to collect a debt under the Uniform Commercial Code. 15 USC 1691 ( d ) states that a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of sections 1681a ( f ) or 1681b ( 3 ) of this title.

4 ) The advertisement for sale of any debt to coerce payment of the debt.

Additionally, 15 USC 1692 ( e ) addresses false and misleading representations, stating that a debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

2 ) The false representation of : ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

Furthermore, they have violated 15 USC 1691 ( f ), which states that a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or There was no present intention to take possession of my property without a court order allowing such seizure. The company didnt have my consent or written instructions, which is a violation of my right to privacy, also violating the Privacy Act of 1974 and in accordance with 15 USC 1681 ( b ) ( a ) 2.

The company had to run my credit card according to the TILA 15 USC 1602 ( l ) to obtain the consumer report that was furnished without my consent and to use that information to come and illegally seize my property.

The company also has violated 15 USC 1681q, which states that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under Title 18, imprisoned for not more than two years, or both.

I am also protected under the Fourth Amendment, which states protection from unlawful search and seizures, and the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. They had to specify what they were looking for and have not provided a court order stating that they had the right to seize my property. Additionally, the Fifth Amendment states that I have a right to due process. I was deprived of my time and my property, and now they are taking it to a public auction when it was a private transaction that I entered into.

Company response to consumer: Closed with explanation