Consumer complaint received 2023-04-08
Company: Select Management Resources, LLC
State: TX
Product: Payday loan, title loan, or personal loan
Sub-product: Title loan
Issue: Vehicle was repossessed or sold the vehicle

Complaint:
On XX/XX/2023, I took out a loan with LoanStar Title company in XXXX, TX for {$2500.00}. Upon receiving the check from LoanStar, I attempted to cash the check at their bank, XXXX XXXX, in which the bank stated that they could not cash the check due to insufficient funds. I then called LoanStar to inform them that I was having difficulty cashing the check, they proceeded to tell me to try a different bank. Upon doing so I received the same result from a different XXXX XXXX. I then proceeded to deposit it into my bank account with XXXX via the mobile app due to it was XXXX XXXX and the banks close at XXXX XXXX, and it was accepted and then later denied and placed on an administrative hold. I called my banks customer service number only to find out that my account was immediately placed on hold and was frozen due to the system could not verify the validity of the check from LoanStar. The customer service rep with XXXX then proceeded to inform me that more than likely the check will be returned and they would not be able to process it. I called LoanStar back and spoke with XXXX and XXXX to explain to them what happened and XXXX suggested that I should just cash the check at a regular check cashing place and that no one has experienced issues with cashing their checks in the past. By this time, 3 banks, including my bank had rejected the check and I needed the funds to cover funeral expenses. I didn't know what to do next, so I decided to wait to see what will process overnight. The next day, XX/XX/XXXX, I attempted to use my debit card and it declined and said invalid account on the POS system. I called my bank to see why my debit card declined and I was informed that my account was still frozen and the rep proceeded to tell me that my account had been closed due a fraudulent check that was deposited the day before. The fraud department was closed and would not open again until Tuesday, XX/XX/XXXX due to the XXXX was XXXX 's XXXX. I proceeded to go to XXXX XXXX XXXX XXXX in XXXX on XXXX since it was the closest location to where I was at the time and explained to the teller my situation. She asked me if I had already cashed the check at another check cashing location and I answered, no. She proceeded to submit the check to her corporate office and it came back approved to proceed with the cashing process. Fast forward to XX/XX/2023 and I received a called from XXXX XXXX XXXX XXXX corporate office and XXXX proceeded to inform me that the check that I'd cashed from LoanStar ( Wellshire Financing ) was returned as already being cashed. My account with XXXX was still frozen and the check had not cleared my account and again I was informed that it was on an administrative hold due to the check was not verifiable. XXXX 's is asking for their money back and nothing had cleared with my bank, and it looks as though I would be out of pocket {$2500.00} with a closed account and not able to access any of my payroll or deposited funds. I had kept in touch with LoanStar throughout this ordeal and there wasn't much help provided other than XXXX forwarding me a copy of what appeared to be a cleared check from his bank. I thought the cleared check was from XXXX XXXX XXXX XXXX due to this was the only place that successfully cashed the check. In mid XXXX, my XXXX account was finally restored and they manually released the {$2500.00} check that was submitted via mobile deposit. I then contacted XXXX on the XXXX to setup with XXXX XXXX XXXX XXXX to set up a time for me to come by and disburse the released funds. She'd informed me that it would be an additional {$30.00} for the returned check. On XX/XX/XXXX, for no reason and without any explanation, LoanStar towed my car away. I thought it had been stolen so I reported it as such. Upon speaking to LoanStar, they towed it because they said I was extremely late on my payment, which the payment was just due on Sunday, XX/XX/XXXX. I called into their office on XX/XX/XXXX and informed XXXX that my payment would be a little late on the XXXX due to I had just recently regained access to my banking account again and she stated that my account would be notated and that there would be a late fee accessed, and I stated that this would not be a problem. By this time, I did not have transportation and I had been in constant communication with LoanStar 's travelling Supervisor in which she proceeded to inform me that their legal office actually towed my vehicle due to the check being cashed at XXXX 's and that they had to pay XXXX 's check themselves. I had been in contact with XXXX at XXXX 's and she informed me that this was not the case. On XX/XX/XXXX, I went into LoanStar and paid the entire balance off and was handed my title to the vehicle and XXXX informed me that her supervisor would contact the towing company with the lien release for me to be able to pick up my vehicle. I proceeded to the towing company, XXXX XXXX in XXXX XXXX, TX, only to be informed that LoanStar had in fact ordered my car to be auctioned off on XX/XX/XXXX ; less than 7 days after towing my vehicle. I called LoanStar back and spoke with XXXX again and she then proceeded to tell me that " Oh yeah, we ordered this yesterday, " I'm sorry, my system didn't update while you were here ''. I called the auction location and they informed me that LoanStar needed to release the vehicle, in which LoanStar refused to do so even after I paid the account in full.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation