Consumer complaint received 2023-11-20
Company: Sunlight Financial LLC
State: CA
Product: Payday loan, title loan, personal loan, or advance loan
Sub-product: Installment loan
Issue: Charged fees or interest you didn't expect

Complaint:
XXXX I purchased solar panels and a new roof from the salesman ( XXXX XXXX of XXXX XXXX XXXX ; it was financed through Sunlight Financial. The roof was completed and solar panels installed by XX/XX/XXXX. However the payments are processed by XXXX XXXX XXXX XXXX. When I purchased the roof and solar panels XXXX explained that I could apply for a federal residential tax credit using a form XXXX. The federal tax credit or residential energy credit, would be XXXX and if I voluntarily gave that money to Sunlight Financial my monthly payments of XXXX would remain the same after the XXXX payment. However if I kept the XXXX my payment would increase to XXXX after the XXXX paymentthe following is the wording in the contract ( full contract attached ). This section of the contract is my issue : Monthly Payment : {$150.00} for the first XXXX payments, increasing to approximately {$210.00} if the 26 % voluntary payment of {$11000.00} is not paid by the XXXX payment. There are no prepayment penalties. 
However, when filing my taxes, form XXXX took into account all my improvements ; the new doors, roof, and solar panels. My residential energy credit was only XXXX not the XXXX strictly for the solar panels. When I first contacted Sunlight regarding my concerns with this payment of XXXX in XXXX of XXXX I was told to contact XXXX XXXX XXXX XXXX. The credit union stated that it didnt matter that I didn't receive the XXXX from the energy credit I will still have an increase in my payment if I don't pay them the XXXX by the XXXX payment. I told the XXXX XXXX XXXX XXXX representative that this XXXX seems more like a balloon payment although it is not being referred to as one. All In told me to contact Sunlight because they have nothing to do with the contract terms. 


I contacted Sunlight again ; per their website it directed customers to text them which I did twice in XX/XX/XXXX but did not receive a call back. I posted the following XXXX review of the company on XX/XX/XXXX : " I contacted sunlight via text 3 times ( for some reason they don't take direct calls ) and received a generic message that someone would contact me... .a week later still no response! I am a new customer and have questions regarding my contract but clearly customer service is not a priority ; I would never recommend this company to anyone! '' On XX/XX/XXXX I received the following email from Sunlight : " Thank you for providing your feedback and letting us know about this issue, XXXX. We set a high standard for ourselves and are truly sorry to hear that standard was not met in your interaction with us. Please get in touch with us on ( XXXX ) XXXX and we'd be happy to help you out. Regards, Sunlight Financial '' I called on XX/XX/XXXX, but was put on hold for an extended period of time and finally hung up. I sent them the following email instead on XX/XX/XXXX : I am writing this letter to express my serious concerns and dissatisfaction with the terms and conditions of the XXXX XXXX purchase agreement ( hereinafter, the " Agreement '' ) that I entered into with Sunlight Financial on XX/XX/XXXX. As per the Agreement, I agreed to make payments for the first 17 months in the amount of {$150.00}, with the payment increasing to {$210.00} from the XXXX month onwards, unless a " voluntary payment '' of {$11000.00} was paid by the expiration of the XXXX payment. 
Upon careful examination of the Agreement, I have identified two primary issues that require immediate attention and resolution : 1. Breach of Guarantee : During the negotiation of the Agreement, it was explicitly represented to me that the " voluntary payment '' of {$11000.00} would be based on the amount of residential energy credit I was entitled to receive from the IRS. XXXX from XXXX XXXX ( I can't locate his last name but his email is XXXX ) was the sales representative who told me about the credit and assured me the credit was assured to be no less than {$11000.00}, forming the basis of my decision to proceed with the solar panel installation. However, to my disappointment, the total amount of residential credit I received from the IRS for the installed solar panels only amounted to {$7800.00}, significantly less than the guaranteed amount. 
This significant discrepancy has put me in a financially compromising position, as the " voluntary payment '' was contingent on receiving a specific amount of tax credit. I firmly believe that Sunlight Financial has failed to honor the guarantee, resulting in a breach of contract.

2. Potential Illegality of Balloon Payment : I have become aware that the " voluntary payment '' clause in the Agreement may constitute a balloon payment arrangement. This type of payment structure is governed by specific regulations under California statutory and case law. However, the contractual terms do not expressly refer to this as a balloon payment or provide the necessary disclosures as required by law. This raises concerns about the legality and transparency of the payment arrangement. 
I have been advised to seek legal counsel to verify the legality of this clause, and it is essential for Sunlight Financial to provide clarification and justification for the inclusion of such a payment provision in the Agreement.

In light of the above issues, I request that Sunlight Financial take the following actions to address and resolve the dispute : 1. Conduct an immediate investigation into the misrepresentation of the " voluntary payment '' guarantee and provide a detailed explanation for the discrepancy between the assured amount and the actual residential energy credit received. 
2. Provide a written response confirming that the " voluntary payment '' clause in the Agreement complies with all relevant laws and regulations pertaining to balloon payments in California. Include references to applicable stat
utory and case law supporting the legality of the clause.

3. Offer a fair and equitable resolution to this matter, considering the financial strain caused by the misrepresentation and potential illegality of the " voluntary payment '' clause. 
I expect a prompt response within a reasonable timeframe from the date of receipt of this letter. Failure to address these issues satisfactorily may result in further legal action to protect my rights as a consumer under the laws of California.

Please acknowledge receipt of this dispute letter at your earliest convenience. You may reach me at XXXX or XXXX if you require any additional information or documentation. 
I trust that Sunlight Financial will treat this matter with the utmost seriousness and work towards an amicable resolution. Thank you for your attention to this matter. 
I received the following generic replay from Sunlight XXXX XX/XX/XXXX : Hello, Thank you for contacting Sunlight Financial 's Customer Support Team. We have created your case, Case Number : XXXX. Our team will review your information and be in touch shortly. 


Sunlight Financial Support sunlightfinancial.com XXXX I received XXXX calls from XXXX ( no last name given ) of Sunlight ; she left a voicemail on XXXX regarding my complaint email. She stated she spoke to XXXX and XXXX of XXXX Renewables and they provided additional insight into my complaint. She said to call her at XXXX. I called 4 times but it went to voicemail ; each time I left a message asking her to call me back. I did receive a text from XXXX in XX/XX/XXXX stating that he heard from Sunlight regarding my complaint. He wanted to know what he could do but I let him know this was a contract issue that only Sunlight could address. I told him I was having trouble reaching XXXX and if he would call her and ask her to contact me that would be helpful. On XX/XX/XXXX I received another voicemail from XXXX stating she was sorry it had taken her so many months to reach out to me but she had issues with her system and just received access to my voicemails. She stated that she was sorry but she spoke to XXXX at XXXX XXXX prior to calling me and he advised her he spoke with me and quote unquote, everything was resolved. She stated if I should call support back at XXXX with any questions regarding the loan terms and that her team would be happy to assist me. I called Sunlight on XX/XX/XXXX to speak with her and the representative XXXX XXXX ) could not transfer my call to XXXX but accessed my complaint using the case number XXXX. However he couldnt answer my questions regarding the contract. I asked for XXXX last name but he was unwilling to provide it. He offered to send her an internal message but I asked him to have her email me ; I did not want anymore voicemail messages. Then I advised him I would be making a complaint through your agency.

Company response to consumer: Closed with explanation