Consumer complaint received 2024-01-09
Company: Westlake Services, LLC
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
This is a copy of the email sent to Westlake Portfolio Management. It includes all of the details relevant to this complaint : I trust this message finds you well. I am writing to bring to your attention a discrepancy regarding the outstanding balance on my US Auto Sales account with your agency. 

Enclosed in this email, you will find comprehensive documentation supporting my claim. The provided evidence outlines all payments made directly to US Auto Sales and Westlake Portfolio Management, including payments from XXXX XXXX XXXX and XXXX, my XXXX insurance provider. 

Payments were made through various channels, such as XXXX, XXXX, and my daughters bank accounts, all contributing to a total of {$24000.00}. Remarkably, this amount far exceeds the original purchase price of the vehicle, which was {$22000.00}. As a result, I am due a refund. 

To solidify my case, I have sworn an affidavit outlining the details of the situation, including the accident, insurance settlements, and the overpayment incurred within the one-year period I had ownership of this vehicle. 




AFFIDAVIT I, XXXX XXXX, hereby swear under oath that the following facts are true and accurate : XXXX. In XX/XX/XXXX, I purchased and financed a vehicle with US Auto Sales. 

XXXX. In XX/XX/XXXX, I was in a car accident that totaled the vehicle. 

XXXX. I was not at fault in the accident. 

XXXX. Prior to the accident, I have records showing that I made a total of {$5600.00} in car note payments. 

XXXX. XXXX, the at-fault partys insurance company, accepted liability and sent US Auto Sales a check for {$11000.00} towards the payoff amount of the vehicle. 

XXXX. XXXX XXXX XXXX paid Westlake Portfolio Management a total of {$7300.00}. 

XXXX. The total payments that have been made towards the vehicle in question are {$24000.00}. 

XXXX. The vehicle was purchased for {$22000.00}. 

XXXX. I only had the vehicle for one year, thus an overpayment was made, and I am due a refund of approximately {$1300.00}. 

XXXX. You have 10 days to process my refund and to remove this negative trade line from my credit report at all three major credit reporting agencies, or face consequences to the fullest extent of the law, which will include violations of the Federal Debt Collections Practices Act and the Fair Credit Reporting Act. 

I, the above-stated party, swear that the facts stated in this affidavit are true and correct on this the fifth day of XX/XX/XXXX. 


I kindly request your prompt attention to this matter, urging you to process my refund within the next 10 days. Failure to address this issue may lead to legal consequences, including potential violations of the Federal Debt Collections Practices Act and the Fair Credit Reporting Act. 

I appreciate your immediate response and look forward to the swift resolution of this matter. 

Sincerely, XXXX XXXX ( XXXX ) XXXX And then attached to the above email were PDF copies of bank statements ( proving the total amount of car note payments made ) and a copy of the insurance check XXXX paid to US AUTO SALES. 

Nevertheless, despite all of the proof I sent to Westlake, they are STILL trying to collect this INVALID debt.

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