Consumer complaint received 2018-09-05
Company: Marlette Funding, LLC
State: TX
Product: Payday loan, title loan, or personal loan
Sub-product: Installment loan
Issue: Getting the loan

Complaint:
On XX/XX/2018 I went onto XXXX to look at loans to consolidate credit card debt. I was on their website at XXXX XXXX looking at XXXX loan rates. Someone from a different company called me at XXXX XXXX. At first I thought she was from XXXX or an affiliate. I went through the application process with that company ( XXXX XXXX ). I received approximately {$9500.00} a few days later in my bank account. I immediately used the money to pay off the credit card debt. 

On XX/XX/18 I was reviewing something on one of the credit cards and realized I had a credit on the account for the exact amount I paid. I began to look into and realized I had a second loan through Bestegg I did not know about. I did not receive any notice of accepting a loan or a trust in lending agreement. I did not sign anything with XXXX. Upon closer inspection I realized XXXX had deposited the {$9500.00} into my account and XXXX XXXX had paid directly to my credit card. 

I called XXXX on the evening of XX/XX/18. XXXX 's automated system stated twice that there was no account. I spoke with someone from customer service named XXXX. I asked XXXX for copies of all of the loan information. XXXX told me they do not give out copies ( On the XXXX website it states all documentation will be provided electronically if you e-sign ). XXXX told she had reviewed my account and that I had e-signed for the loan. I explained to her that I had not but she insisted that I did. After a few minutes I explained if they can not prove I have a loan I will not make any payments. At that time I was transferred to XXXX XXXX. 

XXXX XXXX stated the same, that I had e-signed for the loan and they could not email me the documentation. I asked if there is a time frame that I could rescind the loan. XXXX XXXX stated there was a 3 day window but it had passed. I explained to her I did not know about the loan and wanted to return all of the money. She said I could repay all of the money but I would still owe the origination fee and interest. By the end of the conversation she agreed to send me a copy of all of the documentation by mail in 7-10 days. 

On XX/XX/18 I called XXXX again. This time an account was pulled up instantly by their automated service. I spoke with XXXX ( from their loan department I think ) and she said I would have to go through customer service to resend the loan. She transferred me to what she said was a customer service manager XXXX XXXX. 

I explained the situation to XXXX XXXX. He repeated the same as XXXX XXXX that the 3 day window had passed. I explained I had not received any documentation about a loan so I did not know about it until yesterday XX/XX/18. XXXX said I e-signed the application and there was nothing he could do. I explained to him I thought I was review rates and clicked on XXXX to review the rates. XXXX said by clicking that button I e-signed for a loan. I asked about the documentation for the loan he said it was provided after I was approved on their website and that I should have printed it. I asked if I could access the information on their website now and XXXX said there was not. He stated they are mailing the information to me and that it is against federal law to email me the documentation. Once I told him I was going to file a complaint he offered to send me to his supervisor by the make of XXXX. XXXX was not available and I was told he would call me back within 24 hours.

The button you click appears to be an agreement that you will e-sign the loan application, but in reality they use that click as your e-signature. You have to check that box to review any information about the loan. It doesn't make any sense. The practice of having someone click a button for loan approval before they can even review the terms of the loan is very deceptive.

Company response to consumer: Closed with explanation