Consumer complaint received 2020-04-13
Company: Monterey Financial Services LLC
State: HI
Product: Debt collection
Sub-product: Mortgage debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
Aloha, I am including a copy of a letter that I am sending to Monterey Financial. I never saw their reply to you and I would like to reopen case # XXXX. Their interpretation of the contract was inaccurate. We initialed an illegal part of the contract that stated that we did not have the usual 5 days as they stated to cancel this purchase because this was a repossessed property. We initialed a lot of spaces in this contract and were told a lot of untruths. I know for a fact that the sales rep told us that we could not file a complaint on this property because it was a repossessed one. 

Also, as you can see from the copy of the email that I sent to Monterey Financial, that they filed a complaint with XXXX XXXX without personally notifying me directly. I see in their reply to you that this was the case, but I never received any notification from them directly. I believe this to be unethical behavior and possibly illegal. 

These are very difficult times that we find ourselves in. I am turning XXXX in XXXX and have XXXX. This whole matter is very stressful and unhealthy for me to undergo at this time. Especially with the lack of communication from them. I had to find out from XXXX XXXX of their actions. The Monterey Financial rep XXXX XXXX never replied to the email that I sent her, or to my phone calls. 

Here is a copy of the email that I will be sending to them after I contact my attorney tomorrow by phone. I am presently a stay at home person because of my heath concerns. 

Dear Ms. XXXX, I have tried several times to reach you with no success. I have supplied you with proof of the fact that this is a fraudulent claim made by XXXX XXXX and Monterey Financial to try to collect this debt. I was told by the attorney that I consulted with in XXXX XXXX that a company in XXXX can not affect our credit here in the United States which is probably why they hired you. I will contact my attorney here to see if this is ethical and legal. The attorney there advised us not to pay any more money to them, and that they knew from previous experience that we would never see the money that they said we would. We also found several cases on the Internet that had the same thing happen to them. In fact, I'm not sure that there might be a class action suit possibility here. I am contacting others to see if that is a possibility. 

I have sent you proof that XXXX XXXX is a rip-off, and lied to us to convince us to purchase this property. In fact, I am planning to see if I can rescind our original contract, and take legal action to get our {$6600.00} deposit returned to us. I was never told by our sales rep that we could dispute the sale at the time we purchase the property. In fact they fraudulently advised us that because this was a repossession that we were buying, and they had us sign a document that stated we could not file a complaint to get out of this purchase. This was the reason that we never followed up immediately on this matter. I believe that this too was an illegal action. 

So after you never replied personally to my email about all of this, or returned my calls, I find out from XXXX XXXX that you have filed a complaint with XXXX XXXX without directly notifying me beforehand. I'm certain that this is unethical and possibly illegal, especially that once this is done it is difficult to remove it from out record. At the very least, in these troubled times when I, as a XXXX year old with XXXX, and being confined to my house so that I can not even meet with my attorney in person to discuss this, is despicable. This kind of aggressive behavior also adds to my stress level which is detrimental to my health at this time. 

I know you are just doing your job, hopefully from home. But it is important for you and anyone else that I contact about your actions to know that we were lied to about how we could use our purchase to trade up for other properties, as well as given a signed contract that the lawyer in XXXX assured us was false, and that we would not receive the money that was promised to us. He told us that XXXX XXXX has a reputation of never doing as they promise, and we will never see any money coming our way and not to pay them any additional funds. 

I plan to file an on-line complaint with both the Federal Trade Commission and the Bureau of Consumer Protection housed within the US Federal Reserve on this matter, and will continue to advise them as this continues. I think they will be especially concerned about your behavior in these troubled times when our country is experiencing a national emergency. 

Yours truly, XXXX XXXX I hope you can help me with this problem especially in these unprecedented times that we find oursleves in. These people in XXXX took advantage of us, lied to us about how their property would work, and mislead us with respect to the possibility of disputing the purchase. 

Now Monterey Financial is not communicating with us directly and causing us even more problems and unneeded stress. Their behavior is unfair and unhealthy at times like these. I hope in the least, you can convince them to delay this action until I can meet with my lawyer face to face to discuss what I can do about this matter. 

Thanks, XXXX XXXX

Company response to consumer: Closed with explanation