Consumer complaint received 2023-02-11
Company: Westlake Services, LLC
State: MD
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
On XX/XX/XXXX, I called Westlake financial to confirm that my vehicle had been repossessed. I explained to XXXX the representative that I didnt want the vehicle. She asks why not. Then I explain to her that the vehicle was never mine if your company is able to take it at any time. She tells me that the vehicle is in fact mine and insist that I make a payment to recover the vehicle. At this point I was already done with this situation because I have received numerous phone calls throughout the day about the vehicle. Westlake financial blocked my online account which prevented me to make payments online because I had requested them to stop calling my phone since i was feeling harassed. I then asked XXXX to escalate the manager. I was directed to XXXX, who was very rude. I explained to him that I was not giving full disclosure of my rights and vehicle ownership and also want to know additional information in regards to my contract. He tells me that I have to pay to get my car but express to him why do I have to pay for something that is not mine? I mentioned getting a lawyer to look over my contract and he immediately states well if your getting a lawyer we can no longer have communication with you. So I told him to escalate the call to his supervisor or corporate. I called to corporate number that was given to me to complain about XXXX service and to retrieve a copy of my contract. I was connected to a XXXX XXXX who emails me the contract. As I begin to read over the contract, there I noticed a few discrepancies when comparing the contract from Westlake financial and the contracts given by the dealership. It appears that I am in contract with two different sellers which are different entities, the finance charge and amount to be financed are different. Upon reviewing my contracts, obligations, and rights as a natural person operating in commerce, I observed that there are multiple violations present which invalidate my contract pursuant 12 CFR 1026.3 named Truth in Lending. This made me look further into this because I was reminded of the time I had an issue with the dealership giving me the inspection report so that I can use the vehicle to make additional income. XXXX XXXX failed to furnish the document requested as I was given a summary receipt instead. Here is when I found something strange because although there were two different entities that not only sale the vehicles they repair and inspect them as well, which could be a possible collusion in this instance. So i sent XXXX XXXX an email and he called instead of responding through email but left a voicemail admitting he received the email which I still have. As I begin took look further into these documents theres also inaccurate information on a credit application that has an electronic signature that I do not recall signing at the time of sale. My credit was ran several times on that day as well. So now I have hard inquiries on my report when the dealership and Westlake were the only two with my personal information. Per the congressional findings of Truth In Lending Act, The purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to them and avoid the uninformed use of credit. I was never given a full breakdown of what was included in the finance charge in either contract. Based on the consumer protection laws and your lack of complete disclosure I rescind the entire transaction due to fraud. Any fraud vitiates the entire financial transaction. Finance charge is on money given to you, not credit transactions Agreement has finance charges by the finance company in this case Westlake Financial therefore, committed predatory lending in a consumer credit transaction under Regulation Z. Pursuant to15 USC 1605 ( a ) : the amount of a finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges. I did not enter KNOWINGLY, VOLUNTARILY, AND INTENTIALLY. I do not accept the liability of any compelled benefit or lack thereof, or any unrevealed contact or commercial agreement. I have a right to sue you under the Common Law for violating my rights under the UCC. I did not sign any contract where I received COMPLETE DISCLOSURE AND EQUAL CONSIDERATION. If I did, it was UNKNOWINGLY, INVOLUNTARIY AND UNINTENTIONAL. How is it possible to be in agreement/contract with three entities regarding the same vehicle? Proof will be provided. 

CONSUMER PROTECTION LAWS Equal Credit Opportunity Act / Truth in Lending Act Regulation Z Fair Credit Reporting Act / 15 USC 1611 - False & Inaccurate information Fair Debt Collections Practice Act / 15 USC 1692 - Debt collection practices CFPB 1026.23 Right of Rescission ( cancellation )

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