Consumer complaint received 2026-01-06 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Improper use of your report — Reporting company used your report improperly
Company: Driveway Finance Corporation
State: NJ

Complaint narrative:
Attn : XXXX Department and Legal Counsel Re : Formal Notice of Legal Evasion, Non-Receipt of Notices, and Demand for Proof of Compliance Under XX/XX/XXXX Law Account Number : XXXX To Whom It May Concern, This letter serves as formal notice that Driveway Finance Corporation is improperly evading its legal obligations by relying on XX/XX/XXXX law while ignoring the undisputed fact that the repossession of the vehicle occurred in the State of XX/XX/XXXX, while I was a resident of XX/XX/XXXX 

The vehicle was physically repossessed in New York. At the time of repossession, I resided in New York XXXX, XXXX. Under well-established principles of commercial and consumer law, the legality of repossession conduct, required notices, disposition of collateral, and the enforcement of any alleged deficiency balance are governed by the law of the state where the repossession occurs and where the consumer resides at the time of default. 

Your assertion thatXX/XX/XXXX law governs this repossession is legally incorrect as applied to post-default conduct carried out in XX/XX/XXXX Choice-of-law provisions do not permit a creditor to disregard XXXX XXXX mandatory repossession, notice, and consumer protection requirements when the repossession is executed within XXXX XXXX jurisdiction. 

Despite acknowledging that the vehicle was repossessed in XX/XX/XXXX, your response fails to demonstrate compliance with XX/XX/XXXXlaw and instead attempts to substitute XX/XX/XXXX law to avoid stricter XX/XX/XXXX statutory requirements. This is a material legal evasion. 

Further, I hereby state clearly and unequivocally that I did not receive any of the documents or notices that Driveway Finance Corporation claims were issued in connection with this repossession. 

I did not receive any post-default or pre-repossession notice. 
I did not receive any Notice of Right to Redeem under New York XX/XX/XXXX 
I did not receive any notice regarding retrieval of personal property. 
I did not receive any pre-sale notice under New YorkXX/XX/XXXXXXXX or XXXX. 
I did not receive any post-sale or deficiency notice compliant with New York law. 

Statements that notices were sent or mailed are legally insufficient. Where repossession and deficiency enforcement are concerned, the burden rests entirely with the secured creditor to prove that required notices were not only generated, but delivered or reasonably calculated to reach the consumer under New York law. 

To date, you have produced no documentary evidence demonstrating compliance with New York notice requirements. You have not produced copies of the notices, proof of mailing, proof of delivery, tracking records, or business records establishing that lawful steps were taken to ensure actual receipt. 

Absent proof of notice under New York law, the repossession process, the disposition of collateral, and any resulting deficiency balance are legally defective and unenforceable. A creditor that fails to comply with New York XX/XX/XXXX Article XXXX is barred from collecting or reporting a deficiency. 

Nevertheless, you continue to report this account as charged off with a balance. Continued reporting based on an unlawful repossession and an unproven deficiency constitutes materially inaccurate and misleading credit reporting in violation of the Fair Credit Reporting Act, including 15 U.S.C. XXXX ( b ) and XXXX ( b ). 

This letter constitutes a formal demand that Driveway Finance Corporation either : Produce documentary proof of full compliance with New York law, including all required notices and proof of delivery, or Immediately cease reporting this account and delete the tradeline from all consumer reporting agencies. 

Failure to comply will be documented as willful noncompliance and preserved for regulatory escalation and legal action. No further unsupported assertions will be accepted.

Company response to consumer: Closed with explanation