Consumer complaint received 2017-11-08
Company: Lendmark Financial Services
State: NC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Problem while selling or giving up the vehicle

Complaint:
Early XX/XX/XXXX-contacted Lendmark to inform them that I was going through a divorce and wanted to find out my options to settle my account ( husband had the vehicle ) .Spoke with XXXX ( Branch Mgr ) who informed me that they would be willing to settle the balance for {$6000.00}. 

XX/XX/XXXX-the vehicle was sold to XXXX XXXX XXXX, XXXX in the amount of {$6000.00}. XXXX met the Broker personally, signed the paperwork and collected the check herself. She was informed me that she would settle the balance owed on my account as discussed a couple of weeks back. 

XX/XX/XXXX-Sheriff showed up at my home and served me with a summons to appear against Lendmark Financial - court date was XX/XX/XXXX. 

XX/XX/XXXX-Placed call to Legal Aid to find out my options to fight this. Called Lendmark Financial to speak with them about the matter. Spoke with XXXX XXXX, who pulled up my account and stated, " I see where they misapplied your {$6000.00} payment - this should have been entered as a settlement ma'am. '' I replied, " That is correct, which is why I 'm in dispute of the suit against me. What can I do to resolve this matter? '' She stated that she would speak with her manager about it and call me back in a couple of hours.
Called back the evening of XX/XX/XXXX after not receiving a returned call from XXXX. Also called twice on XX/XX/XXXX, and 3 times on XX/XX/XXXX-she was never avail to speak with me. Called again twice on the following days : XX/XX/XXXX, XX/XX/XXXX. Called  morning of XX/XX/XXXX and finally got her on the phone. She stated that the immediate solution to keep the case out of court would be for me to come to their office and make a payment of {$320.00} for XX/XX/XXXX and to sign a deferral agreement for XX/XX/XXXX and XX/XX/XXXX. XXXX stated this would bring my acct current. I visited the office at XXXX on XX/XX/XXXX and made the payment in cash and received a receipt. I also requested official documentation on letterhead ( signed and dated ) stating that they are dismissing the case against me on XX/XX/XXXX. XXXX and her branch manager XXXX XXXX advised me that I did n't have to show up for court the following morning and that they would update the court that they would dismiss the case when our docket was called. 

XX/XX/XXXX-I showed up to court to represent myself against Lendmark 's advice and I 'm glad I did. XXXX was at the bench telling the judge that they " moved to continue the case ''. The judge saw me and asked my defense and I presented Lendmark 's letter stating that they would DISMISS ( not continue ) the case. The judge praised me for showing up to defend myself and bringing  proof and dismissed the case, but not without reprimanding XXXX for lying under oath! 

XX/XX/XXXX-following the case, I visited another Lendmark location to speak with someone about what had transpired in court and to attempt to get resolve on my account. I was informed by the Sr Acct Mgr and Branch Super that XXXX and XXXX used to work at that location and were transferred due to to poor business practices with their customers. They advised me to speak with XXXX XXXX about this entire matter. They even emailed her on my behalf in their office to initiate the conversation. 

XX/XX/XXXX-To date, I have attempted to contact XXXX XXXX twice a day since XX/XX/XXXX. She has yet to return my call. I received a call from XXXX this morning at XXXX stating that I owe for XX/XX/XXXX, therefore my paperwork from them states that the payment I made on XX/XX/XXXX was for XX/XX/XXXX.

Company response to consumer: Closed with explanation