Consumer complaint received 2025-02-12 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Notice to repossess
Company: MECHANICS BANK
State: CA

Complaint narrative:
Mechanics Bank unlawfully repossessed my vehicle without providing the legally required Right to Cure notice under California Civil Code 2983.2 ( a ). They also failed to provide account details and call recordings when requested as required under California Financial Code 22337 and the Fair Debt Collection Practices Act ( FDCPA ). Additionally they violated debt collection practices under Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code 1788-1788.33. Their actions reflect unfair and predatory practices, including selective enforcement of verbal agreements and suppression of critical account records to justify the repossession. 

On XX/XX/XXXX, I agreed to a payment plan requiring a payment by XX/XX/XXXX. While I was unable to make that payment, I remained in communication with Mechanics Bank, assuring them that my account would be brought up to date by XXXX. Multiple calls and verbal agreements followed, with the last communication occurring on XX/XX/XXXX. At no point in these discussions was I informed that repossession was imminent. Instead, the focus remained on my commitment to making payments and Mechanics Banks questionable debt collection practices under the Rosenthal Fair Debt Collection Practices Act ( Cal. Civ. Code 1788-1788.33 ). 

Under California Civil Code 2983.2 ( a ), lenders must provide a Right to Cure notice at least 15 days before repossession, starting from the last communication regarding the delinquency ( XX/XX/XXXX ). No such notice was provided, and Mechanics Bank has failed to present any proof that it was ever sent. Without this notice, they had no legal authority to repossess my vehicle. 

Due to Mechanics Banks mishandling of my account and the wrongful repossession, I requested full transcripts and account details on XX/XX/XXXX, followed by a formal written request on XX/XX/XXXX ( with a XX/XX/XXXX deadline ) and a third written request on XX/XX/XXXX. On XX/XX/XXXX, Mechanics Bank responded, stating that they would not release these records without a subpoena. However, California Financial Code 22337 and the FDCPA explicitly grant consumers the legal right to request and obtain their own account records without requiring a subpoena. Their refusal to provide this information is both a misrepresentation of my legal rights and a violation of consumer protection laws. 

Mechanics Bank falsely claims that I received a Notice of Plan to Sell Property, but I never did. Instead, I received an email titled XXXX XXXX # XXXX | XXXX XXXX XXXX | REINSTATEMENT INSTRUCTIONS, which contained no details about when the sale would take place. On XX/XX/XXXX, I was provided an email copy of that letter but not the actual notice they claim was sent. This, combined with their refusal to provide my account records and call recordings, further demonstrates their unwillingness to act in good faith or work toward a resolution. 
While Mechanics Bank refuses to release the full call recordings, they are selectively using portions of those conversations to justify the repossession, all while ignoring my clear commitment to payment and their own misconduct. These recordings would prove my intent to pay and my agreement to a payment date, yet they are intentionally withholding them to manipulate the situation in their favor.

Company response to consumer: Closed with explanation