Consumer complaint received 2018-02-05
Company: Friendly Finance Corporation
State: OH
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
On XX/XX/XXXX, visited XXXX XXXX XXXX in Ohio to purchase a vehicle. I found a vehicle, signed paperwork, and received copies from the dealer. The auto loan was immediately assigned to Friendly Finance Corporation located in Maryland. I made payments until losing my job in XX/XX/XXXX. After losing my job, payments were still being made but not timely. I relocated to another state for employment purposes and eventually filed for Chapter XXXX bankruptcy protection. I paid into the Chapter XXXX repayment plan for over a year, but allowed the bankruptcy plan/petition to be dismissed due to the high payments that were required and I was unable to keep up. In the meantime, I once relocated for employment. When I was transferring the vehicle 's title work to the new state of residence, Friendly Finance could not locate the original title. Friendly Finance had to apply for a new title to be provided due to the loss of the original. Upon dismissal of the bankruptcy, I contacted my secured creditors to make payment arrangements, Friendly Finance included. In XX/XX/XXXX, Friendly Finance agreed to payments in the amount of {$300.00} per month beginning XX/XX/XXXX. I then made two payments as agreed to in XX/XX/XXXX and XX/XX/XXXX. On XX/XX/XXXX, I received a Summons from the county court where I was living at the time, and it was a complaint against me filed by Friendly Finance Corporation seeking a monetary judgment. Attached were a copy of the contract and other documents. I immediately noticed that my signature did not appear on any of the documents attached as exhibits. I also noticed that there was no accounting provided of payments made on the account, including any payments made during my Chapter XXXX that were paid out by the bankruptcy trustee ; and neither of the payments from XX/XX/XXXX or XX/XX/XXXX were included. Over the next 18 months, I had to fight the lawsuit in court as a pro se litigant because I could not afford a lawyer. Although I had repeatedly requested an accounting of payments and copies of the original documents, Friendly Finance Corporation never provided such documentation. I even contacted the State of Ohio XXXX to investigate the fraudulent signatures - which at one point the investigator agreed that the signatures were different after she reviewed XXXX 's file, but then XXXX XXXX XXXX complained to the investigator 's supervisor and stated that they did not need to provide any documentation because the time limit of three years had already expired. Eventually, the court agreed to dismiss the case pursuant to a copy of an arbitration agreement that I had signed and had in my possession with the other carbon copies of the original documents given to me in XX/XX/XXXX. Friendly Finance 's counsel did not have a copy, and stated he had never seen it - because they do not have the original documents. A few months after the court case was dismissed, an arbitration firm sent me a letter requesting a statement from me regarding the issue. I prepared and mailed my personal statement to the address provided and awaited a response. I moved back to Ohio for employment reasons in XX/XX/XXXX. On XX/XX/XXXX, I received certified mail with a copy of an application at a county court in Ohio from Friendly Finance as they are once again seeking monetary judgment without providing any documentation as to the debt owed, payments I had made towards a loan, and they are still unable to provide the paperwork that I actually signed in XX/XX/XXXX. We never went to mediation as the court ordered in XX/XX/XXXX, and when reviewing a copy of the paperwork provided in the certified mail, Friendly Finance has my previous address listed incorrectly, so even then it would not be forwarded to my new address. Friendly Finance Corporation and/or XXXX XXXX XXXX has forged my signature and have been filing forged documents, under Oath, in now two different courts in two different states. I have a right to see what payments they have or have not, applied to a loan. But, they are unwilling to provide any documentation in hopes that I will miss a court date and allow a monetary judgment to be granted in their favor. I have offered several times for the vehicle to be turned over and they have refused. The vehicle is not being driven, but I am forced to maintain full coverage insurance. Unfortunately, because I can not afford an attorney, I am hoping that the CFPB will be able to review this case and the documentation to assist me in my requests to Friendly Finance Corporation to provide the documentation that I have been requesting to resolve this dispute.

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