Consumer complaint received 2018-01-11
Company: TMX Finance LLC
State: CA
Product: Payday loan, title loan, or personal loan
Sub-product: Title loan
Issue: Problem with the payoff process at the end of the loan

Complaint:
I feel that XXXX maliciously and intentionally provided me ( and all consumers ) misleading information with the goal of getting me ( and all consumer ) to enter into an Agreement based on fraudulent misrepresentation. My experience with XXXX leads me to believe their current business model is to entice consumers ( me ) into entering into a XXXX  Agreement via misleading marketing material, deceptive sales pitches and failure to disclose/include pertinent terms, conditions and material facts in their agreement. In combination with these three ( 3 ) misleading and unethical business practices ( marketing, sales pitch, agreement ), I  feel that the XXXX loan process/agreement fails to provide consumers ( me ) a complete foundation of information and puts significant risk onto the consumer ( me ) without proper disclosure. 

Specifically : - XXXX does not disclose to consumers ( me ) how their Vehicle Titles will be handled ( aka chain of custody ) while in XXXX 's possession ( or lack of their possession for that matter ) - XXXX does not disclose and misleads consumers ( me ) regarding the length of time Titles will be held in XXXX 's possession after the loan is paid in full. 
- XXXX provides as part of their sales pitch misleading marketing material to consumers ( me ) which states " XXXX will return your title immediately after you payback the full amount due on your loan ''. 

History : On XX/XX/XXXX, I entered the XXXX store located at XXXX XXXX XXXX XXXX, XXXX, CA XXXX to inquire about a title loan. Through what I consider to be deceptive business practices mentioned above, I was offered a title loan of {$10000.00} ; however, I only needed {$1000.00}. The store employee ( XXXX XXXX ) stated the minimum loan amount needed to be {$2500.00}. So, I decided to take out a {$3000.00} title loan instead. I also at this time disclosed to XXXX XXXX I would be back to pay off the loan within a week. 

On XX/XX/XXXX ( same day as loan origination ) Because I only wanted {$1000.00} and the interest rate being at an extremely high rate, I made a {$2000.00} payment on XX/XX/XXXX ( same day as loan origination ). Again, I disclosed to XXXX XXXX I would be back on Friday, XX/XX/XXXX to make the final payment. 

On XX/XX/XXXX ( 7 days later ), I made the final payment of {$1100.00} paying the loan in full. At this time, I received back the agreement showing paid in full but no vehicle title. Upon my request to XXXX XXXX ( Store Manager - XXXX, XXXX, CA ) the store did not have my vehicle title as it was apparently sent to the DMV in XXXX without my knowledge or approval. At this time, I requested the situation be escalated to the Regional Manager XXXX XXXX ( XXXX ). In my discussion with XXXX, she stated there was nothing that could be done and my vehicle title would be back at the XXXX in XXXX no later than XX/XX/XXXX. 

On XX/XX/XXXX, I contacted XXXX Customer Service ( XXXX ) to provide a formal complaint via XXXX 's formal complaint process and to also escalate my complaint to a higher level in the company to find a resolution. 

On XX/XX/XXXX, I contacted XXXX XXXX ( XXXX ) to get a status update on my vehicle title. XXXX informed me the title was still not available. 

On XX/XX/XXXX, I was contacted by XXXX XXXX ( XXXX  Regional Director ). The purpose of this phone call was to discuss the circumstances which led to the problem and to find out when my title would be returned back to me. Topics in this discussion included how XXXX 's marketing material, sales pitch and agreement did not provided truthful and complete information and that I would have never entered into the agreement should I had the complete foundation of information and disclosure of the significant risk assigned to me under the agreement. 

On XX/XX/XXXX, I contacted XXXX XXXX ( XXXX ) to obtain status on my title. She stated she will check on it and get back to me. 

On XX/XX/XXXX, I contacted XXXX Customer Support to again request an escalation on my complaint. While on hold, the operator stated to me that he contacted XXXX XXXX ( XXXX Regional VP of Operations ) and stated he was trying to patch me through to XXXX XXXX but due to technical difficulties, the operator was unable to connect my call to XXXX XXXX. The operator stated XXXX XXXX and XXXX XXXX ( XXXX Regional Director ) would be calling me back within 5 min. 

On XX/XX/XXXX, I called back XXXX 45 minutes later to inform Customer Service I did not receive a call back and to confirm that my phone number was correct in their system. XXXX Customer Support confirmed my number as correct. 

On XX/XX/XXXX, I received a call back from XXXX XXXX who stated the title is still not available and believes it should be back in the XXXX XXXX store by Friday, XX/XX/XXXX. She then stated they have a buyer who would like to purchase my vehicle and if I was interested in selling my vehicle. My response to XXXX was absolutely not and I wanted my title back. I also stated to XXXX that I do not want XXXX to do anything for me other than giving me back my title. 

On XX/XX/XXXX, I call XXXX XXXX ( XXXX Regional Director ) and was able to speak with him. I addressed my concerns regarding the conversation I had with XXXX XXXX and that I was not interested in selling my vehicle and all I want is my title back. He stated he understands and that the option to sell my vehicle was an offer to help me out. Again, I reiterated all I want is my title back. I also stated to XXXX that XXXX informed me my title should be back at the XXXX XXXX store by XX/XX/XXXX and that I would personally be coming into the store to pick it up my vehicle title. I also stated to XXXX " at no time is XXXX to mail or send via courier service the tile to my address ''. 

Based on the above information and sequence of events, and in combination with the misleading business practices of XXXX ( via a blending of their sales pitch, marketing material, standard agreement ), it is apparent to me that XXXX has implemented a business model which is designed to mislead consumers ( me ) and hinder their ability to make an informed decision based on fraud and deception. XXXX 's business practice/model in my opinion is unethical and unfair to consumers ( me ) and purposely assigns risk and harm to the consumer ( me ) without their ( my ) knowledge. As a consumer, should I have known these risks upfront and what happens with my vehicle title while in the care of XXXX, I would not have NEVER agreed to the loan. In addition, I disclosed to XXXX XXXX on three ( 3 ) separate occasions all on XX/XX/XXXX ( loan origination date ) that I would have my loan paid off in 7 days. At no time was I told my vehicle title would not be available and returned back to me immediately as advertised in XXXX 's marketing material. 

Attached for your reference is a copy of the " paid in full '' agreement and receipts of payment.

Company response to consumer: Closed with explanation