Consumer complaint received 2022-01-10
Company: Westlake Services, LLC
State: AZ
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
I have received calls from WESTLAKE FIN. this past weekend XX/XX/2022 at XXXX PM and XX/XX/2022 at XXXX PM, XXXX PM, XXXX AM. and two calls the previous week as well. As of now im am very exhausted and emotionally drained as I with my long time wife 's her uncle and his gf, and grandmother has passed due to covid this year. and this is the co signee I'm referencing to. this new years has been a toll on the both of us. They have been calling me at funerals at work. insists that i talk on the phone while driving and at work when I told them I can take care of the matter I can when I get home. I work nights, so any time is an inconvenience to be causing my telephone to ring with the intent to annoy, abuse, or harass me. for a payment that's past due only by XXXX days. also I've notice a billing error ( 12 CFR 1026.13 ), I have determine that this has been a willfully intent on misleading and deceiving me the consumer. last year around XX/XX/XXXX the co signer my wife was involved in an accident which resulted into getting impounded due to no licence. And it took me a week or two to get it out because mines were suspended, the day i went to pick it up out of impound i was instructed that westlake picked up and took it to the auction. westlake had failed to contact me regarding their intentions moving forward after I sent an email to every person I could I then got a call from a guy being belligerent asking me why did I send all those emails told me it was at an auction if I wanted to keep the vehicle I had X amount of days to pay the repossession fees. Which was unfair and unlawful but anyways. I paid the fees of {$590.00} as instructed and it didn't go to the repossession fees it went towards the monthly payment that wasn't even due. after that they instructed me that it only can be paid by money order and not over the phone. and when i asked why the payment didn't go as we discussed i was told that my payment was due in a few days and to just make the payment and ill be good for the repossessions fees. I didn't believe him so i just made out the money order and sent it and today I have proof i've paid it in full and they are charging me {$190.00} for repossession expense that came in shortly after it was paid. Also my GAP insurance relapse because of the repossession they claim, {$2000.00} and {$290.00} on XXXX was made to the principle I had called and wanted to use my services because I was in need of four new tires just to find out I lost my GAP insurance I was never notified of. I was told that I needed a downpayment from my studies is unlawful to swinder me into getting a lower monthly payment and because I added GAP my payments went up so why didnt me payments go down when the insurances was discontinued. All these fees and insurances according to law should be included in the finance charge but it isn't. I have noticed another several billing errors in the Truth-in-Lending disclosures section of the Retail Installment Contract and Security Agreement. The first one being the number of payments as well as the number of payments seems to be inaccurate on the Payment Schedule. 16 CFR 433.1 ( d ) which describes a purchase money loan in regards to the truth in lending disclosure is defined as : A cash advance which is received in return for a finance charge within the meaning of the truth in lending act and regulation z, which is applied, in whole or substantial part, to purchase of goods or services from a seller who ( 1 ) refers consumes to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement. Under regulation Z also known as truth-in-lending the itemization of payments should mirror the finance charge amount as it is the dollar amount the credit will cost me. The next billing error is the down payment on the itemization of amount financed. The {$3000.00} cash payment placed under section f which references Net trade-in ( d-e ; if negative enter {$0.00} here and enter the amount on line m ). Is in violation of 7 CFR 1436.10 ( c ) The down payment may not include any trade-in, discount, rebate, credit, deferred payment, post-dated check, or promissory note to the supplier or contractor.

The next billing error can be seen on the amount of credit provided to me or on my behalf. There is no authorized representative other than the appointed attorney-in-fact by the consumer to receive any credits on behalf of the consumer. I am demanding additional clarification including documentary evidence of the procedures used to come up with these itemized amounts in accordance with Generally Accepted Accounting Principles ( GAAP ). These billing errors may be assumed to be a willfully intent on misleading and or deceiving the consumer of the character/ amount of any debt 15 U.S.C . 1692e. All debt obligations and securities are owed to the United States 18 U.S.C 8. Do NOT hinder nor delay the delivery of the consumer goods associated with the transaction. As of now for my monthly payments are up to date this isn't a refuse to pay but a clarification and any said adverse action of this notice is in violation of the following : 15 U.S.C. 78j, 15 U.S.C 78ff, 15 U.S.C 1691 ( a ) ( 3 ), 18 U.S.C. 241, 18 U.S.C. 242.

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