Consumer complaint received 2025-11-07 00:00:00
Product: Debt collection — Auto debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: NY

Complaint narrative:
Company

involved : Nissan Motor Acceptance Corporation ( NMAC ).

XX/XX/XXXXXXXX  : XXXX  XXXX XXXX ( lease ) repossessed from the XXXX VA XXXX XXXX in XXXX, NY. 

XX/XX/XXXXXXXX  ( FDCPA, Section 807 False or Misleading Representations ) : Date of the first successful telephone communication with NMAC ( representative named XXXX XXXX ). This representative stated that the lessee would be charged additional fees if the the " keys '' for the repossessed vehicle were NOT given to the towing company XXXX XXXX , suggesting these were lawful charges. They are not. 

XX/XX/XXXXXXXX XXXX XXXXXX/XX/XXXX ( FDCPA [ CFPA ] Section 807 False or Misleading Representations ( 2 ) ( B ), ( 10 ), and ( 14 ) : Coercion to pay via money transfer service that was all the while not an option to the lessee, and then, since not discovered until 17 days after the date of repossession, delayed successful payment to reinstate the lease such that additional charges have been accrued. During MULTIPLE communications with NMAC representatives ( XXXX [ on XXXX, telephone ], via email from NMAC on XXXX - initiated by XXXX ; XXXX on XX/XX/XXXX and XX/XX/XXXX ; and XXXX XXXX on XX/XX/XXXX ) payment ( s ) required to reinstate the lease in question were strongly recommended to be made via XXXX. Justification for which explained as this method allowing for significantly less time from confirmed processing of repayment and release of the repossessed vehicle. The lessee attempted to pay the owed amount of approximately {$3200.00} on XX/XX/XXXX via XXXX, as was recommended. Multiple attempts to make this payment, including in various denominations, were unsuccessful. After working overnight as a resident physician at the XXXX VA, and waiting on hold for nearly 3 hours on XX/XX/XXXX to speak with an NMAC representative regarding this difficulty processing the due payment via XXXX, only then it was discovered that in fact, all the while, the lessee was never authorized to make a payment via XXXX. In other words, the lessee was encouraged and recommended ( potentially coerced ) to repay via XXXX although all the while they were never authorized to do so. Therefore, the lessee was repeatedly provided with false and misleading information. 

XXXX day ( XX/XX/XXXXXXXX  ) - NYS Personal Property Law Sections XXXX & XXXX, Uniform Commercial Code ( UCC ) Article IX, and the FDCPA section 808 Unfair practices. Lenders are to allow the retrieval of personal property from a repossessed vehicle. As of today, XX/XX/XXXX, there has NOT been any communication regarding how to retrieve personal belongings ; meanwhile there HAS been threatening to sell the vehicle before having a chance to claim such personal property. NMAC has failed to provide notice ( via telephone, email, or mail ) on how to collect personal property from the repossessed vehicle. This is the case despite MULTIPLE formal requests for this notice by the lessee. This was first requested during the initial communication with NMAC representative, XXXX, via telephone on XX/XX/XXXX ; a second time during telephone communication on XX/XX/XXXX representative XXXX ; a third and fourth time in an email sent from the lessee to XXXX, XXXX, XXXX, XXXX on XX/XX/XXXX ; and a fifth time during a telephone call with XXXX XXXX, a Certificate of XXXX XXXX XXXX XXXX XXXX XXXX XXXX Specialist with XXXX XXXX XXXX, Conflict Resolution ; which took place on XX/XX/XXXX at XXXX XXXX ( duration XXXX minutes ). And, in fact, during this most immediately aforementioned phone call, XXXX XXXX shared that such a notice could NOT be provided. Note, XXXX XXXX initiated communication with the lessee via telephone that day for what was described as the purpose of checking-in on the post-repossession lease reinstatement process after having received the aforementioned email and attached letter. 

XX/XX/XXXX - present day ( XX/XX/XXXXXXXX  ) : On XX/XX/XXXX, sufficient repayment to reinstate the lease was processed through ( not XXXX ) Paymentus ( to NMAC ), a telephone-based platform option for payment submissions. Vehicle was, without notice to the lessee, transported to an auction house in XXXX, PA on XX/XX/XXXX. If the lessee was not mislead regarding viable payment options, payment would have been processed on XX/XX/XXXX, and therefore the vehicle would not have been transported to said auction house. NMAC representative XXXX XXXX on XX/XX/XXXXXXXX  ( corroborated by Executive of Consumer Affairs for XXXX XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXXXXXX  ) stated ( via telephone ) that the vehicle would be transported back to XXXX XXXX  in XXXX, NY ( free-of-charge ) as soon as possible. It is now 10 days later, and the vehicle has yet to be transported. All the while, ~ {$1500.00} in rental car charges have been accrued in order to transport the lessee to-and-from their place of work, and, of course, additional as-needed reasons to transport oneself. Telephone call with 'XXXX  XXXX on XX/XX/XXXX included XXXX ' verbalizing that compensation for such rental car costs were not able to be compensated for. 

As of the date ( XXXX ) Section 809 Validation of Debts REQUESTS ( none of which have been met ) 1 ) Written terms explaining the expectations, responsibilities, and necessary actions for the lessee, NMAC, and the repossession facility ( i.e., towing and/or impound company/lot ) post-repayment for lease reinstatement. 
2 ) Written instructions for retrieving personal property from the repossession facility ( required according to NYS Personal Property Law 316 & 320 in conjunction with the UCC Article IX ; and FDCPA 808 see below ). 
3 ) Written explanation of the auction process. Although qualifying repayment should limit its utility, this is still required under the FDCPA.

4 ) One or more reliable and accessible contacts if there are any issues with above.

5 ) A written validation of debt letter, with description regarding a lessees right to dispute and the corresponding process if applicable ( in compliance with FDCPA 809 ).

6 ) Written proof of what is allegedly an official NMAC policy that lessees with accounts marked as delinquent, post-repossession, are disqualified from making any payments to NMAC via the money transfer service XXXX. Included the date of installment of this policy. If the installment date follows the date of repossession of the leased vehicle addressed herein, provide written proof of additional NMAC policy ( if any ) which indicates that NMAC chooses to relieve itself of responsibility for informing lessees post-repossession of this policy change. 

Additional context A pattern of repossession misconduct by NMAC may be ongoing, based on what is described above and given the publicly available CFPB action taken against NMAC for unlawful repossession practices, through the published administrated meeting in XXXX. For reference, the lessee has reviewed and remains aware of the ... repossession and servicing activities by [ NMAC ] and identified the violations [ of ] wrongfully repossessed vehicles despite having agreements with consumers to prevent repossession ; [ keeping of ] personal property that was located in consumers vehicles at the time of repossession and [ failure to ] return that personal property until consumers paid a fee for its storage ; and depriving consumers making auto-loan payments by phone of the ability to select a payment option with a significantly lower fee than the one they were charged. This remains noteworthy, as the misconduct described in those proceedings may suggest a sustained pattern given the many instances outlined herein. 

Finally, note, some of the personal property in the repossessed vehicle consists of personal identification badges which authorize access to protected sections of multiple hospitals in the XXXX, NY region and therefore, since clearly accessible to the towing company and others, a patient privacy breach is at-risk so long as the personal property is not made available for retrieval by the lessee.

Company response to consumer: Closed with explanation