State Farm Bank Brenna, Monica, Jessie, Trisha, Withholding information Bloomington Illinois

Aug  13, 2013

To Whom it May Concern:

I would like clarification of the Consumer Protection laws concerning vehicle repossession afforded me and to see what my next steps are to get (1) full restoration of my repossessed vehicle and (2) possible damages.  My truck was repossessed May 21, 2013.  I feel that there were multiple Post-Repossession shortfalls by my creditor, State Farm Bank (SFB) and my right to redeem my 2007 GMC Sierra (via payoff per Illinois Motor Vehicle Code 625 ILCS 5/3-114(f-7), the 30% Rule) has been continuously dodged by them.  I was recently told the truck has been sold as of June 21/is in current possession by a dealer (sale add attached).  Now over a month later, I have received a check (which I have not cashed) for the balance remaining after sale but have yet to receive breakdown of charges and an accounting of the sale proceeds that were applied toward them despite repeated attempts via phone and multiple letters.  In light of these numerous grievous errors by SFB, I would like recovery of my truck and the opportunity to exercise my right to redeem as was legally allowed.  Is this within my rights? 

Tuesday, May 21, 2013, I received a call from an investigator, Trish (763-493-4951), on behalf of State Farm Bank (SFB) concerning possible repossession of my 2007 GMC Sierra truck pending a late payment; my car was repossessed that day.  (In a somewhat separate grievance, SFB now claims this payment was many days past due but this too is an error by SFB that was addressed and supposedly fixed on their records in 2011.)  Soon thereafter I spoke with “Jessie” at SFB and I agreed to have the full payoff wired to the bank to avoid repossession.  May 24 I called SFBto notify them that a wire was being delivered and get further instruction on how to clear this problem.  I was then told the auction company would be arriving shortly to get the truck and at this point I would have to buy the truck back at the time of the sale (which I was to be notified when/where it was to be held).  As indicated, we immediately called the bank to stop the wire and await the time/location of the impending sale.  (See attached cancelled wire for full payoff, plus fees, of $11,622.03.)

In a letter from SFB dated May 22 I received a Notice of Private Sale.  (Attached)  In three places on the notice it mentions to contact SFB (using 888-860-8530) to get accounting of fees, payoff information, etc  and/or for general questions.  I called numerous times and spoke to “Brenna” in an effort to obtain details needed to redeem the vehicle via a private sale (date, time, etc) and was told I’d have to talk to a manager, “Monica”.  At my request, “Brenna” supposedly left multiple messages for her supervisor, “Monica”, to contact me…to no avail.  In a frustrated effort, I also sent a detailed certified letter to SFB dated June 17 explaining these circumstances to SFB and to request details on how to redeem the vehicle.  June 25 I called again and for the first time was allowed to speak to Monica…who then informed me the vehicle was sold June 21, 2013.  As Monica could give me no other information and I could never reach another department I sent a second certified letter dated July 11 to SFB requesting further details information.  (Attached with the June 17 letter.)  Mid-July I received a single page Notice of Loan Payment (postmarked July 11) and a check for $15,525 overpayment from the auction.  However, I have yet to receive a breakdown of charges and an accounting of the sale proceeds that were applied as is required, particularly after repeated requests.  I have not been able to reach anyone with any knowledge on the matter since speaking to Monica on June 25 and have yet to receive any response from SFB to my letters/messages and questions.   

No one at State Farm Bank has made any effort to return my numerous messages.  Attached are my phone records and highlighted are calls concerning this matter.  The only number provided me according to the Letter of Private Sale was 888-860-8530.  In addition I also regularly called their published customer service line (877-734-2265) in hopes of getting answers from someone else as I was never able to speak to someone at the line provided.  Please note on the records that the only calls ever received from State Farm were on 5/21 and 5/22 (highlighted in green)…and the 5/21 call was a continuation of a call I had initiated and gotten disconnected.

I am in hopes this situation will be resolved correctly and justly by the responsible party, State Farm Bank, and I have tried making contact (via mail, phone and email) throughout the ordeal.  However, as my attempts at getting answers remains unrequited I am losing hope. 

I have journalled all interactions and have copies of all contracts, receipts and (certified) mailings and am happy to send a copy of anything needed if this helps resolve the matter.

Please let me know the next step I need to take.