Consumer complaint received 2023-01-14
Company: Westlake Services, LLC
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
On XX/XX/XXXX, I submitted a complaint to " Westlake Financial Services '' and impersonator " XXXX XXXX Services '' CFPB complaint number XXXX. 

Statement of XX/XX/XXXX : " The first initial letter that I sent to Westlake Financial Services was on XX/XX/XXXX ( certified mail receipt proof 1 ), which required correspondence from Westlake Financial Services. Although, I did not receive anything in return. I sent another letter by regular mail to Westlake Financial Services on XX/XX/XXXX, asking for an update regarding my initial letter for vin # XXXX, but nothing in return. Although, I noticed that Westlake Financial Services violated my privacy and gave my information to an unknown party known as XXXX XXXX XXXX XXXX. As this transition occurred, I have never got any legal paperwork from Westlake Financial Services showing the information I had initially requested on XX/XX/XXXX. Including " XXXX XXXX XXXX XXXX '' does not show up on my credit report ( screenshot attached- Unlawful reporting from all parties involved in this matter )! I sent a letter to Westlake Financial Services and XXXX XXXX XXXX XXXX by regular mail. About three- weeks later I get a letter in the mail dated XX/XX/XXXX, from XXXX XXXX XXXX XXXX indicating a Settlement offer for acct # XXXX balance of {$12000.00} with an offer to settle " the account '' for {$5100.00} ( Letter- proof XXXX ). In the box area shows that the communication is from a debt collector with a California license number pending and no other paperwork to show XXXX regulations, validation, or business agreement. Again, trying to protect my identity and my rights I sent a letter to Westlake Financial Services, XXXX XXXX XXXX XXXX, and XXXX ( certified mail receipt- proof 4 ) which was on XX/XX/XXXX. It is now XX/XX/XXXX, and no legitimate paperwork from Westlake Financial Services or XXXX ( who has been reporting invalid information on my credit report and wrong personal information- yet has not fixed it ). Today, XX/XX/XXXX, I got a response from XXXX XXXX XXXX XXXX enclosing documentation regarding " acct # XXXX. '' This correspondence shows that communication is from a third party as shown, a debt collector and not from Westlake Financial Services directly. XXXX XXXX XXXX XXXX AND " Westlake Financial Services '' failed to provide the information ( AGAIN ) required from vin # XXXX and legitimate information as indicated in the letter ( s ). The procedure and proof from XXXX XXXX XXXX XXXX XXXX CFPB the violations of commercial code ( s ) : Count I- 9506- ( a ) A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading. ( b ) Except as otherwise provided in subdivision ( c ), a financing statement that fails sufficiently to provide the name of the debtor in accordance with subdivision ( a ) of Section 9503 is seriously misleading. ( c ) If a search of the records of the filing office under the debtors correct name, using the filing offices standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with subdivision ( a ) of Section 9503, the name provided does not make the financing statement seriously misleading. ( d ) For purposes of subdivision ( b ) of Section 9508, the debtors correct name in subdivision ( c ) means the correct name of the new debtor. ( Repealed and added by Stats. 1999, Ch. 991, Sec. 35. Effective XX/XX/XXXX. Operative XX/XX/XXXX, by Sec. 75 of Ch. 991 and Section 9701. ) Count II- 9611 ( a ) In this section, notification date means the earlier of the date on which : ( 1 ) A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition. ( 2 ) The debtor and any secondary obligor waive the right to notification. ( b ) Except as otherwise provided in subdivision ( d ), a secured party that disposes of collateral under Section 9610 shall send to the persons specified in subdivision ( c ) a reasonable authenticated notification of disposition. ( c ) To comply with subdivision ( b ), the secured party shall send an authenticated notification of disposition to all of the following persons : ( 1 ) The debtor. ( 2 ) Any secondary obligor. ( 3 ) If the collateral is other than consumer goods to both of the following persons : ( A ) Any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral. ( B ) Any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement with respect to which all of the following apply : ( i ) It identified the collateral. ( ii ) It was indexed under the debtors name as of that date. ( iii ) It was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date. ( C ) Any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in subdivision ( a ) of Section 9311. ( d ) Subdivision ( b ) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market. ( e ) A secured party complies with the requirement for notification prescribed in subparagraph ( B ) of paragraph ( 3 ) of subsection ( c ) if it satisfies both of the following conditions : ( 1 ) Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtors name in the office indicated in subparagraph ( B ) of paragraph ( 3 ) of subdivision ( c ). ( 2 ) Before the notification date, the secured party either : ( A ) Did not receive a response to the request for information. ( B ) Received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral. ( Amended ( as to be added by Stats. 1999, Ch. 991 ) by Stats. 2000, Ch. 1003, Sec. 43. Effective XX/XX/XXXX. Addition and amendment operative XX/XX/XXXX, by Stats. 1999, Ch. 991, Sec. 75, and Stats. 2000, Ch. 1003, S Count III- 9612 ( a ) Except as otherwise provided in subdivision ( b ), whether a notification is sent within a reasonable time is a question of fact. ( b ) In a transaction other than a consumer transaction, a notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition. ( Added by Stats. 1999, Ch. 991, Sec. 35. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991 and Section 9701. ) Count IV- 9613 Except in a consumer-goods transaction, the following rules apply : ( 1 ) The contents of a notification of disposition are sufficient if the notification does all of the following : ( A ) It describes the debtor and the secured party. ( B ) It describes the collateral that is the subject of the intended disposition. ( C ) It states the method of intended disposition. ( D ) It states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting. ( E ) It states the time and place of a public disposition or the time after which any other disposition is to be made. ( 2 ) Whether the contents of a notification that lacks any of the information specified in paragraph ( 1 ) are nevertheless sufficient is a question of fact. ( 3 ) The contents of a notification providing substantially the information specified in paragraph ( 1 ) are sufficient, even if the notification includes either of the following : ( A ) Information not specified by that paragraph. ( B ) Minor errors that are not seriously misleading. ( 4 ) A particular phrasing of the notification is not required. ( 5 ) The following form of notification and the form appearing in subdivision ( 3 ) of Section 9614, when completed, each provides sufficient information : NOTIFICATION OF DISPOSITION OF COLLATERAL To : [ Name of debtor, obligor, or other person to which the notification is sent ] From : [ Name, address, and telephone number of secured party ] Name of Debtor ( s ) : [ Include only if debtor ( s ) are not an addressee ] [ For a public disposition : ] We will sell [ or lease or license, as applicable ] the _____ [ describe collateral ] _____ [ to the highest qualified bidder in public as follows : ] Day and Date : Time : Place : [ For a private disposition : ] We will sell [ or license, as applicable ] the _____ ( describe collateral ) _____ privately sometime after _____ [ day and date ] _____. You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [ or lease or license, as applicable ] [ for a charge of $ _____ ]. You may request an accounting by calling us at. [ telephone number ] ( Amended ( as to be added by Stats. 1999, Ch. 991 ), by Stats. 2000, Ch. 1003, Sec. 44. Effective XX/XX/XXXX. Addition and amendment operative XX/XX/XXXX, by Stats. 1999, Ch. 991, Sec. 75, and Stats. 2000, Ch. 1003, Sec. 56. ) Overall, my letter ( s ) it has shown that they are OBLIGATED to provide me with all proper copies from UCC and steps 1 to 3 : 1. All legal notices 2. Proof of the commercially reasonable manner of the notification 3. Verified resale of the subject vehicle vin # # XXXX However- no valid proof was ever given to me just incoherent information. It was noted that all parties had 15 days from receipt of their certified mail notice. Yet, the response from XXXX XXXX XXXX XXXX paperwork received on XX/XX/XXXX, is null and invalid. The reporting from Westlake Financial Services or XXXX XXXX XXXX XXXX is an invalid claim and will be considered a violation of the Fair Debt Collection Practice Act and Fair Credit Reporting Act. If this matter is not solved properly throughout CFPB I will seek further damages against all parties under federal and state laws involved in this matter for not taking appropriate actions. '' As I submitted this CFPB complaint, I had expected accurate and legitimate information to be submitted. However, on XX/XX/XXXX, I got a response from " Westlake Financial Services '' that did not meet the required information as stated UCC Article 9 ( stated above ) nor has XXXX XXXX XXXX XXXX respond to the CFPB complaint. 

Most importantly, Westlake Financial Services '' response indicated that " XXXX XXXX XXXX XXXX '' is servicing the loan for " Westlake Financial Services '' whereas I am requesting a contract where " I '' signed that I allowed " XXXX XXXX XXXX XXXX '' to have my personal information. Per the contract, that I have acknowledged shows that I only did business with " Westlake Financial Services '' alone. As I did not allow a third party nor was given certified mail ( proper ) notice ( wet signature requirement ) of a release of information to a third party. For that reason, this process is a violation of my privacy under CCPA and California law, Civil Code Section 1798.99.80, which defines a data broker as a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship. I will be submitting a complaint to the Office of the Attorney General. If I am not given proper information as stated above in the initial CFPB.

Additionally, " Westlake Financial Services '' added other documents to the CFPB complaint of XX/XX/XXXX such as " Payment History '' which is showing opening bal : XXXX  and a log of amount mode ( payments ) and balance amt that have equaled down to XXXX. Please note, I am required to have : A check/ deposit copy ( from the private buyer to " Westlake Financial Services XXXX from XXXX for the amount of {$19000.00} ), a bill of sale ( from XXXX ), paperwork copy ( from XXXX for the amount of {$26000.00} ), and lastly copy of check/deposit and where the warranty refund got directed to ( from XXXX for the amount of {$1300.00} ). None of this information being reported was ever given to me, which is not following UCC 9-506. - EFFECT OF ERRORS OR OMISSIONS, XXXX. - NOTIFICATION BEFORE DISPOSITION OF COLLATERAL, XXXX. - TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL, and XXXX. - CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL. 

As of XX/XX/XXXX my credit report on XXXX is reporting account name WESTLAKE FINANCIAL SVC # XXXX as closed with an amount of {$12000.00}, and active reporting per each month. However, the information stated above including the missing information shows that this misreporting is unlawful, null, and is a violation of FCRA whereas should be removed from my credit report. 

If no such proof is provided from 1 to 3 ( stated above ) within 15 days from receipt of this certified mail notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA.

In addition, if you singularly or severally fail to fulfill with the above requests, I reserve the rights to seek damages against all parties, under all available State and Federal statutes and including but not limited to UCC 9-625 remedies. All documentation will be filed through FCRA protocol to provide proof of the above stated 1 to 3 obligation.

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