Consumer complaint received 2021-10-16
Company: Westlake Services, LLC
State: OR
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Westlake Financial Services threatened to negative action and did take negative action to seize my property. 

Westlake Financial Services is in violation of 15 USC 1692d ( 1 ) debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

Westlake financial has threaten to ruin my reputation by reporting my private information to the consumer reporting agencies.

Westlake Financial Services is in violation of 15 USC 1692d ( 2 ) ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. 

Westlake Financial Services sent me letters with abuse language. Threatened damage my credit. 

Westlake Financial Services is in violation of 15 USC 1692 ( a ) Abusive practicesThere is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

Westlake Financial Services is invading my right privacy.

Westlake Financial Services is in violation of 15 USC 1692e ( 4 ) ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

Westlake financial Services threatened to seize my property and seized my property.

I already gave a non negotiable instrument for payment of the vehicle. The contract I signed was false and misleading. I was never clearly and conspicuously disclosed my right to rescind the transaction. I was never provided any of the appropriate forms to rescind any transaction. Violation of 15 USC 1635. It says that The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section.

16 CFR 433.1 ( i ) ( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section.

I provided a promissory note that was a consumer credit contract, which is a instrument.

16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/1977 from requirements of 433.2 ( a ) ( 4 ) ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 

Westlake financial Services is not exempt and I the consumer am asserting my rights against Westlake financial Services.

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