Consumer complaint received 2025-07-12 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Notice to repossess
Company: FC HoldCo LLC
State: AZ

Complaint narrative:
On XX/XX/XXXX, I made a complaint against Flagship Credit Acceptance LLC through the CFPB. The company responded to me on XX/XX/XXXX with a letter of intent to sell vehicle that they attached to the complaint and the complaint was closed. However, I am filing a new complaint and using the same letters that XXXX XXXX XXXX sent to me via the CFPB in this new complaint. 

I am filing this formal complaint against XXXX XXXX XXXX due to unlawful repossession practices, failure to comply with notice requirements under Arizona law ( XXXX. XXXX ) and the UCC, and ongoing inaccurate and damaging credit reporting on an account that has been closed. 

XXXX repossessed my vehicle and claims they mailed a notice of intent to sell dated XX/XX/XXXX, to a XXXX XXXX mailbox I was using. However, my UPS mailbox contract had expired on XX/XX/XXXX, and XXXX sent notice to XXXX to return mail due to me no longer being under contact. Therefore, I could not have received this letter at the time they claim to have sent it. Also, the address on the letters from XXXX is incorrect. ( See attached letter from XXXX ). They forwarded letters to the CFPB in XX/XX/XXXX with the address of XXXX XXXX XXXX XXXX XXXX XXXX, XXXX AZ XXXX ( see attached letters ), The correct format is XXXX XXXX XXXX XXXX XXXX XXXX, XXXX AZ XXXX. The address that they " claimed '' to have sent the letters to isn't the correct address per XXXX and this deliberate confusion would have caused XXXX not to deliver the mail to the right location if I was still under my contract. 

I renewed my mailbox on XX/XX/XXXX ( see renewal notice email ) and UPS notified USPS to resume delivery. I started to receive mail again around mid XXXX. XXXX never attempted to contact me at a verified alternate address of XXXX XXXX XXXXXXXX XXXX XXXXXXXX AZ XXXX nor did they send the required notices via certified mail as mandated by Arizona repossession laws. ( They've never provided proof of certified mail to either address ) .As a result, I was never given the legally required opportunity to cure the default, recover the vehicle, or dispute the terms of the sale.

Flagship charged off the debt and reported it as a profit and loss write-off but also failed to issue me a 1099-C, which is required under 26 U.S. Code 6050P. This not only violates IRS regulations but denies me the ability to correctly file my taxes and may constitute both a FCRA and tax code violation. ( see screenshot of credit report-profit and loss write-off ) Furthermore, the account has been closed and charged off, yet XXXX continues to report ongoing late payments through XX/XX/XXXX. This is factually inaccurate and a clear violation of the Fair Credit Reporting Act ( FCRA ). ( see screenshot of credit report ) Additionally, the vehicle in question a {$32000.00} XXXX XXXX was sold by XXXX for only {$13000.00}, a suspiciously low amount. This vehicle was under active investigation by XXXX for several manufacturing defects, which both the selling dealership ( XXXX XXXX ) and XXXX were aware of. The mechanical conditions of the vehicle and its legal standing under warranty may have further affected my ability to maintain the loan or recover from the default. ( see email from Chevrolet - case number is included, see X screenshots to XXXX dated XX/XX/XXXX. I also have voice recordings of calls with XXXX and XXXX XXXX about the vehicle ). XXXX instructed me to return the vehicle to XXXX XXXX ( seller ) due to malfunction. 

XXXX has failed to meet the legal standards for repossession notice, sale, and reporting, and they have not provided proof of certified delivery or any legally compliant attempt to contact me during a time when mail could be received. Instead, they sent letters to an invalid address and presented those letters to the CFPB without validating delivery.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation