| 10/05/2018 |
Yes |
- Vehicle loan or lease
- Loan
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- Problems at the end of the loan or lease
- Problem while selling or giving up the vehicle
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Web |
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XXXX XXXX XXXX XXXX repossessed my vehicle on XXXX XXXX. Drive Now Acceptance did not send proper written notice about its intended public resale, according to its letter to me dated on XX/XX/XXXX ( please review attached copy of letter ). The notice did not include the required information, as it did not include the time, date and place of the sale, which I understand violated 810 ILCS 5/9-613, and 5/9-614, as it did not meet technical legal requirements in connection with the resale of the XXXX XXXX XXXX. XXXX XXXX XXXX XXXX has reported a deficiency of {$3800.00} on my XXXX Credit Report without providing me with any proof of sale information since their letter dated XX/XX/XXXX.
The purpose of the notice was supposed to give me a chance to redeem the vehicle before resale and attend the Public Auction. XXXX XXXX XXXX XXXX did not give me a chance to observe every aspect of the sale to make sure the vehicle was sold for a fair price.
The letter did not contain pertinent information about the notice. There was no date or sale location ; the notice was useless.
XXXX XXXX XXXX XXXX did not meet commercially reasonable resale requirements The law requires that all aspects of the resale must be commercially reasonable. This means that the manner, method, time, place, and terms of the resale must all be reasonable by commonly accepted commercial practices. XXXX XXXX XXXX XXXX did not use every reasonable means or their best efforts to obtain the full value of the XXXX XXXX XXXX, since XXXX told me that they auctioned the vehicle it to themselves for {$1000.00}. XXXX told me by phone on XX/XX/XXXX that they didnt have to provide me with any information about proof of sale.
The creditor is not allowed to bid upon or purchase the property. More than one bid must be solicited. A non-arms-length sale to a related entity or the originating dealer may not comply. XXXX XXXX XXXX is the President is XXXX XXXX XXXX XXXX and is also the Registered Agent on file for XXXX XXXX XXXX XXXX XXXX XXXX XXXX is also on of the principals on record ( XXXX XXXX is the other principal ).
Public Sales Here, the creditor is allowed to bid upon and purchase the property. More than one bid must be obtained. It requires appropriate advertising or other publicity to attract bidders. The secured property must be available for inspection by the public before and during the sale. The sale must occur at a convenient location and be accessible to all members of the community. It should not take place in bad weather. If the notice informs the debtor that the sale is to be public, it must be a public sale.
Drive Now Acceptance Did Not Meet Other Requirements : - The sale must be made to a purchaser who bids in good faith. There can be no collusion or alliances between the creditor and the purchaser.
- The sale should not be held too quickly after the repossession, but it should not be delayed too long ( 60 days may be too long ). If the sale is too late, the debtor can claim that the creditor decided to keep the property, and the debtor should not be liable for a deficiency - If the creditor , Drive Now Acceptance, has access to a retail outlet, which is XXXX XXXX XXXX ( three locations in Illinois ) then the repossessed vehicle should be sold at a retail outlet to ensure a commercially reasonable sale. XXXX XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX. XXXX XXXX, ( XXXX XXXX. XXXX ).
On the evening ( dusk ) of XX/XX/XXXX, I was with a friend running errands and happened to drive by XXXX XXXX XXXX in XXXX and noticed a red minivan on the lot - it was right in front facing XXXX XXXX. I asked my friend to turn around because I suspected it was my XXXX red XXXX XXXX.
On XX/XX/XXXX, I saw the XXXX Red XXXX XXXX listed as a New Arrival on Superior Car Credits website. The VIN in the listing matched the one they repossessed from me. ( See attached screenshots ). The stock number of the Buyers Guide also matched the stock number in my contract documents.
XXXX XXXX, a salesperson at XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, IL stated via phone call on XX/XX/XXXX that the prices of the vehicles on their lot are between {$5900.00} and {$12000.00}. During the conversation, she also confirmed to me that they had the XXXX XXXX XXXX in their inventory but had sold the vehicle between XX/XX/XXXX and XX/XX/XXXX. ( In its letter to me, XXXXDrive Now stated that the sales price of my vehicle would be applied to my outstanding loan amount, and if the sales price exceeded my outstanding loan amount, the excess would be gifted to me. Nothing like this has occurred. ) XXXX would not provide me with any details of the sale and connected me to XXXX extension. XXXX is the General Manager at XXXX XXXX XXXX in XXXX. XXXX also refused to provide me with details of the sale and told me to call Drive Now Acceptance to get the information from someone there. I immediately called Drive Now Acceptance in XXXX XXXX and spoke to XXXX. XXXX told me that they auctioned the vehicle to themselves for {$1000.00}. XXXX told me that they didnt have to provide me with any information about proof of sale.
In addition, this alleged dealership charged me ( beginning XX/XX/XXXX ) {$5.00} per payment other than cash without disclosing such surcharge to me. So, I was charged an extra {$10.00} per month on top of my regular bi-weekly payment of {$180.00}. This sleight of hand should have been disclosed in writing.
This illegally operating creditor did not resell the XXXX XXXX XXXX according to law, even though it has reported a deficiency on my credit report ( see attachments ).
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| 08/27/2023 |
Yes |
- Credit reporting or other personal consumer reports
- Credit reporting
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- Problem with a company's investigation into an existing problem
- Their investigation did not fix an error on your report
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Web |
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In XX/XX/XXXX, My husband and I financed a vehicle through XXXX XXXX XXXX. During the loan XXXX Drive Now illegally activated a remote disable device on my vehicle preventing medical transportation, and violating state pandemic protections. XXXX of Illinois executive order number XXXX to be more precise.
In XX/XX/XXXX, my husband and I fell ill with XXXX. Unable to properly access healthcare, because of issues with transportation his XXXX unfortunately relapsed and he now requires permanent XXXX and XXXX which he will have to be on for the rest of his life.
We notified Drive Now of our hardship due to the pandemic and the financial burden it had caused. We voluntarily surrendered the vehicle on XX/XX/XXXX, as instructed. However XXXX Drive Now unlawfully garnished my husbands wages without notice or a valid court order. Then a month later they returned a portion of what they had his job garnish. To this day we're still confused as to how they came up with the amount question why the amount and why the return of a portion of it. We asked them in our certified letter to explain this as well. Before sending the certified letter to Drive Now, My husband made a call to the Drive Now office to request information on the amounts stated on our credit files. We wanted to know if the vehicle was sold because if so, we werent given credit for it, as well as questions regarding the wage garnishments. The woman he was speaking with in the finance office, literally laughed when my husband was trying to explain his illness. This is very discerning. She referred to him as not being truthful about his XXXX and the XXXX issues we experienced. Not only have they violated so many laws and regulations but to laugh at someone being seriously ill is beyond comprehension as well as professionalism.
CFPB recently filed a lawsuit, XX/XX/XXXX, against XXXX, an auto loan company, for illegally activating devices that prevented borrowers from starting their cars. Drive now did the same exact thing to us 2 times during XXXX. We weren't XXXX hours late even. Yet they went against the XXXX 's order and shut our car off leaving us no way to seek medical attention during the pandemic!
We disputed this improper debt collection and requested validation, which Drive Now failed to provide, violating the FDCPA. The invalid repossession also continues damaging both of our credit unlawfully.
XXXX XXXX willful disregard of the FDCPA, state debt collection laws, wage garnishment laws, and pandemic protections have unjustly harmed us. I request an investigation and enforcement action against Drive Now for : - Illegally disabling my vehicle during state pandemic restrictions- Unlawful wage garnishment without notice or court order - Failure to validate disputed debt as required by federal law - Inaccurate credit reporting and wrongful repossession notation, collections - Lack of response to consumer complaints and violations
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| 06/12/2023 |
Yes |
- Vehicle loan or lease
- Loan
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- Struggling to pay your loan
- Loan balance remaining after the vehicle is repossessed and sold
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Web |
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Here is a draft complaint letter for the CFPB regarding Drive Now Acceptance : Dear Consumer Financial, I am writing to file a complaint against Drive Now Acceptance ( DNA ), located at XXXX XXXX XXXX, XXXX XXXX, IL XXXX, for violations of the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), and consumer protection laws regarding debt collection and [ wage garnishment.
My wife and I purchased a vehicle from XXXX XXXX XXXX, an affiliate of DNA, on XX/XX/XXXX. The term was 44 months. In XX/XX/XXXX, I became ill with XXXX and contacted DNA to voluntarily surrender the vehicle due to financial hardship. DNA instructed us to return the vehicle to XXXX XXXX XXXX, which we did. DNA confirmed they received the vehicle and closed our account on XX/XX/XXXX.
Despite voluntarily surrendering the vehicle and closing the account, DNA reported the account as a " repossession '' on our credit reports in XX/XX/XXXX. When we disputed this with the credit bureaus, DNA changed the report to " '' but then re-reported it as " repossession. '' They have failed to provide any documentation validating this debt, as required under the FCRA.
Most egregiously, in XX/XX/XXXX, DNA illegally garnished my husband 's wages without any notice or judgment, in violation of debt collection and wage garnishment laws. They then returned a portion of the garnished wages without any explanation. We never received any court documents regarding a judgment for this debt, and court records show no such judgment exists.
DNA has violated the following laws : The FCRA, by reporting invalid repossession information, failing to conduct a reasonable investigation of our disputes, and failing to provide documentation validating the debt.
The FDCPA by engaging in unfair debt collection practices, failing to provide required disclosures and notices, and illegally garnishing wages without proper legal judgment.
Other consumer protection laws ] regarding debt collection and wage garnishment procedures in Illinois. According to my credit report there's a balance of XXXX. I have no documents or paperwork to validate this. Was the XXXX sold? I have the right to have documentation regarding the sale price. Was the amount deducted from the balance? It doesn't appear so. If it hasn't been sold, where is it? Please provide me with documentation.
We have been denied a mortgage, it's been an embarrassment to us. I received a mortgage denial today because of the " repossession '' We demand that DNA immediately correct their credit reporting to remove any reference to repossession, provide documentation validating this debt, return any illegally garnished wages, and be held accountable for violating the law and harming consumers. Please conduct a full investigation into this complaint and take action against DNA to stop their unlawful behavior.
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| 08/27/2023 |
Yes |
- Credit reporting or other personal consumer reports
- Credit reporting
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- Problem with a company's investigation into an existing problem
- Their investigation did not fix an error on your report
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Web |
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In XX/XX/XXXX, My husband and I financed a vehicle through XXXX XXXX XXXX. During the loan XXXX Drive Now illegally activated a remote disable device on my vehicle preventing medical transportation, and violating state pandemic protections. XXXX of Illinois XXXX order number XXXX to be more precise.
In XX/XX/XXXX, my husband and I fell ill with XXXX. Unable to properly access healthcare, because of issues with transportation his XXXX unfortunately relapsed and he now requires permanent XXXX and XXXX which he will have to be on for the rest of his life.
We notified Drive Now of our hardship due to the pandemic and the financial burden it had caused. We voluntarily surrendered the vehicle on XX/XX/XXXX, as instructed. However XXXX Drive Now unlawfully garnished my husbands wages without notice or a valid court order. Then a month later they returned a portion of what they had his job garnish. To this day we're still confused as to how they came up with the amount question why the amount and why the return of a portion of it. We asked them in our certified letter to explain this as well. Before sending the certified letter to Drive Now, My husband made a call to the Drive Now office to request information on the amounts stated on our credit files. We wanted to know if the vehicle was sold because if so, we werent given credit for it, as well as questions regarding the wage garnishments. The woman he was speaking with in the finance office, literally laughed when my husband was trying to explain his illness. This is very discerning. She referred to him as not being truthful about his XXXX and the XXXX issues we experienced. Not only have they violated so many laws and regulations but to laugh at someone being seriously ill is beyond comprehension as well as professionalism.
We disputed this improper debt collection and requested validation, which Drive Now failed to provide, violating the FDCPA. The invalid repossession also continues damaging both of our credit unlawfully.
Drive Nows willful disregard of the FDCPA, state debt collection laws, wage garnishment laws, and pandemic protections have unjustly harmed us. I request an investigation and enforcement action against Drive Now for : - Illegally disabling my vehicle during state pandemic restrictions- Unlawful wage garnishment without notice or court order - Failure to validate disputed debt as required by federal law - Inaccurate credit reporting and wrongful repossession notation, collections - Lack of response to consumer complaints and violations
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| 06/11/2023 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Public record information inaccurate
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Web |
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I am writing to file a complaint against Drive NowAcceptance ( DNA ), located at XXXX XXXX XXXX, XXXX XXXX, IL XXXX, for violations of the Fair Credit Reporting Act My husband and I purchased a vehicle from XXXX XXXX XXXX, an a partner and or affiliate of Drive Now Acceptance ( DNA ) on XX/XX/XXXX. The term was 44 months. In XX/XX/XXXX, my husband became ill with XXXX and contacted DNA to voluntarily surrender the vehicle due to financial hardship. DNA instructed us to return the vehicle to XXXX XXXX XXXX, which we did. DNA confirmed they received the vehicle and closed our account on XX/XX/XXXX.
Despite voluntarily surrendering the vehicle and closing the account, DNA reported the account as a " repossession '' on our credit reports in XX/XX/XXXX. When we disputed this with the credit bureaus, DNA changed the report to " voluntary repossession '' but then re-reported it as " repossession. '' They have failed to provide any documentation validating this debt, as required under the FCRA.
Most egregiously, in XX/XX/XXXX, DNA illegally garnished my husband 's wages without any notice or judgment, in violation of debt collection and wage garnishment laws. They then returned a portion of the garnished wages without any explanation. We never received any court documents regarding a judgment for this debt, and court records show no such judgment exists.
DNA has violated the following laws : The FCRA, by reporting invalid repossession information, failing to conduct a reasonable investigation of our disputes, and failing to provide documentation validating the debt.
The FDCPA, by engaging in unfair debt collection practices, failing to provide required disclosures and notices, and illegally garnishing wages without proper legal judgment.
Other consumer protection laws regarding debt collection and wage garnishment procedures in Illinois.
We demand that DNA immediately remove the negative account from my credit report, provide documentation validating this debt, return any illegally garnished wages, and be held accountable for violating the law and harming consumers. Please conduct a full investigation into this complaint and take action against DNA to stop their unlawful behavior.
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| 02/22/2018 |
Yes |
- Vehicle loan or lease
- Loan
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- Credit monitoring or identity theft protection services
- Didn't receive services that were advertised
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Web |
Servicemember |
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On XX/XX/XXXX I purchased a car for {$11000.00} at XXXX XXXX XXXX in XXXX, Illinois. I put down a deposit of {$2200.00}. The car had XXXX miles on it.
I paid an exorbitant price for the car for the sole purpose of improving my credit rating. The salesgirl told me that my payment history would be sent to all three credit bureaus. At the time, there were many inaccuracies in my credit rating.
Since then, I have never been late on a payment. I cleared up all 19 inaccuracies on my credit reports. However, the finance company is only reporting to XXXX and refuses to report my credit history to either of the other agencies.
On XX/XX/XXXX I called the finance company , Drive Now Acceptance LLC. I explained the circumstances to the representative. I requested that they report my ( perfect ) credit to XXXX and XXXX. The representative refused.
Additionally, since my purchase, I have been diagnosed with a XXXX XXXX and XXXX and have had to stop working. My XXXX income and an early pension ( which will go down to almost nothing in four years ) only come to $ XXXX/month. I would like to trade down for a smaller car with smaller payments. Drive Now also refused to discuss that.
On XX/XX/XXXX I spoke with someone from your agency and she suggested I file a complaint.
I really hope you can help me with this. I need to sell my house and rent due to my financial circumstances but I can not pass a credit check by a potential landlord until my credit is reported to all three bureaus and no longer reads " unknown ''.
The car was purchased at XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, Illinois XXXX. Their phone number is XXXX.
The finance company is Drive Now Acceptance LLC, located at XXXX XXXX XXXX, XXXX XXXX, Illinois XXXX.
I still owe approximately {$6000.00} on the car because of the incredibly high interest rate. Please help me. I can't get a credit card or rent an apartment because Drive Now went back on the salesgirl 's promise to report my credit to the three credit bureaus. I have literally gone without food just to stay current on my $ XXXX monthly car payments. I don't have any family to help me out.
Thank you.
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| 10/22/2021 |
Yes |
- Vehicle loan or lease
- Loan
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- Managing the loan or lease
- Billing problem
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Web |
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The loan payment is due every other Friday. We make the payment at the time we're supposed to. The man on the loan is a truck driver so most of time he's out on the road. I accept responsibility for making on time payments. I also work and most of the time I take care of the payment in the afternoon on my lunch. Every single time on the day the payment is due we get phone calls and texts from the same bill collector regarding the payment due. I confronted him and asked why he does this when the payment is nit late. He responded with " because it's what I'm paid to do ''. I told him not to call me when the payment is not late. He responded with, " you don't pay me so I don't listen and do what you want me to do. '' I asked to speak with his boss and he said his boss wasn't there. I want something done as far as I believe this is harassment and bullying for a payment that isn't even late. When we would have been a day late at one point, he threatened us that before we got to the bank to send payment we wouldn't have a truck to pay on any longer. This needs to stop or we'll deal with this company a different way. Their practices are too overreaching, unfair, rude, non professional and nasty. They don't treat you as a human being. Then, you can't make your payment at the car lot even though they're all the same company either. You have to make it online and they charge another {$4.00} for the fee on top of your payment. It's not good business in any way.
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| 02/11/2023 |
Yes |
- Vehicle loan or lease
- Lease
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- Struggling to pay your loan
- Loan balance remaining after the vehicle is repossessed and sold
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Web |
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Im, requesting the following information regarding the sale or auction on the account above. Please provide all documentation showing when and the amount for which the vehicle was sold or auctioned. Please also provide the deficiency balance or surplus amount following the sale or auction of the vehicle as well as the original balance of the vehicle.Next this account is now show open when previously it was reflecting closed derogatory/delinquent. To whom it may concern, I am writing in regard to the above referenced accounts and transactions.. Please provide copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject vehicle. If no such proof is provided within 14 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA. In addition, if you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes and UCC 9 remedies.
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| 12/21/2017 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Account status incorrect
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Web |
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Drive Now Acceptance repossessed my vehicle and then processed a wage garnishment. No matter what they wo n't report that the account is in collections or charged off or is repossession. They keep telling me and the credit bureaus that the account is open. This is false and they should stop these deceptive false reporting and fraudulent claims against me when they are clearly violating my rights as well as FCRA regulations as a furnisher.
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| 05/11/2023 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Account status incorrect
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Web |
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On XX/XX/23 I went to try to get an auto loan. My XXXX was ran and the agent stated it shows I never had a auto loan paid off. I paid the car off XX/XX/23.
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| 09/16/2019 |
Yes |
- Vehicle loan or lease
- Loan
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- Managing the loan or lease
- Problem with additional products or services purchased with the loan
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Phone |
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| 02/01/2018 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Credit inquiries on your report that you don't recognize
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Web |
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