Consumer complaint received 2022-02-07
Company: Atlanticus Services Corporation
State: PA
Product: Payday loan, title loan, or personal loan
Sub-product: Personal line of credit
Issue: Charged fees or interest you didn't expect

Complaint:
I needed a line of Credit in XXXX, XXXX in order to help pay for some dental work performed at XXXX XXXX in XXXX, XXXX. I filled out an application at XXXX XXXX to get a line of credit worth {$3000.00} with Fortiva Retail Credit at 29.99 % APR. It certainly wasn't a great option, but I needed a lot of immediate work done due to dental trauma and it was my only option. The contract states that the monthly Minimum Payment Due is based on the balance of the account, as follows ( taken from page 4 of the contract - see attachments ) : Balance = {$0.00} - {$1000.00} -- - Minimum Payment : {$49.00} ; Balance = {$1000.00} - {$2000.00} -- - Minimum Payment : {$99.00} ; Balance = {$2000.00} - {$3000.00} -- - Minimum Payment : {$140.00} ; Balance = {$3000.00} and up -- - Minimum Payment : {$220.00} ; My first payment was due on XX/XX/XXXX. However, I mistakenly thought that the payment was due on XX/XX/XXXX and I made my payment on XX/XX/XXXX of {$140.00}. 

On XX/XX/XXXX, I received my monthly statement which said that my next payment was due on XX/XX/XXXX with a minimum payment due of {$220.00}. I called the customer service number - XXXX - and asked why the payment was so high. The person that I spoke to explained that because I was late by one day that the late fee placed my balance above {$3000.00} and the minimum payment was {$220.00}. She also explained that making the payment of {$220.00} in XXXX would lower my account balance to under {$3000.00} and my future payments would return to {$140.00} per month. I made the payment of {$220.00} on XX/XX/XXXX. The late payment in XX/XX/XXXX was absolutely my fault and I had no problem paying the extra amount in XXXX. 

On XX/XX/XXXX, I received my next billing statement which showed that my payment for XXXX would be due on XX/XX/XXXX with a minimum payment of {$220.00}. I contacted Fortiva on XX/XX/XXXX and spoke to a supervisor. I asked why the minimum was so high, and she put me on hold in order to check into it. She agreed that there was an error and that minimum payment should only be {$140.00} as my account balance did not exceed {$3000.00} once I made the payment in XXXX. She advised me to pay the {$140.00} and that she would waive any late fees. She also told me that she would contact the accounting department to ensure that the issue was fixed on my account. I made the payment of {$140.00} on XX/XX/XXXX after speaking to that supervisor. 

On XX/XX/XXXX, I received my next billing statement which showed that my payment for XXXX would be due on XX/XX/XXXX with a minimum payment of {$300.00}. I contacted Fortiva on XX/XX/XXXX to ask why my bill was so high. There was a communication barrier with the agent that I spoke with, as she spoke very broken XXXX with a thick accent. 

On XX/XX/XXXX, my online statement shows that the minimum payment for XXXX was reduced to {$220.00}. I contacted Fortiva and was transferred to 4 different people. Each person I spoke with told me something different. No one could explain to me clearly why I was showing a minimum payment of {$220.00}. One person told me that I had an {$80.00} late fee from XXXX. I explained that I made my payment on time in XXXX and there should be no late fee. Another told me that the minimum payment is not fixed and it is based on my balance. I explained to her that my balance was under {$3000.00} and therefore the minimum payment should be {$140.00} and not {$220.00}. Another person told me that the extra {$80.00} fee was from " the collection agency ''. I asked why the account was in collections, and he gave me " their '' number - XXXX - and stated that I would have to contact them to fix the issue. I called that number and the woman that I spoke to stated that she works for Fortiva, not a collections agency. She told me that there was nothing that she could do and that I will have to pay {$220.00} in XXXX and that my future payments would be {$140.00}. 

I made a payment of {$140.00} on XX/XX/XXXX, as per the payment schedule. 

I retired from the XXXX XXXX XXXX in XXXX. I do not collect my pension yet, as I retired from the XXXX  and not from XXXX XXXX. I have a XXXX XXXX rating of XXXX XXXX which I am fighting to increase. I am on a very limited income and I can not afford to pay for fees that I did not accumulate. I was late by one day and only one time. I have done everything that I can do to try to work this issue out with Fortiva. I am getting nowhere.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation