Consumer complaint received 2021-12-23
Company: Global Lending Services LLC
State: SC
Product: Debt collection
Sub-product: Auto debt
Issue: Communication tactics
Sub-issue: Used obscene, profane, or other abusive language

Complaint:
When XXXX XXXX XXXX and I entered an unconscionable retail installment sale contract. I told the salesman XXXX that the money for the downpayment was all I had in my savings. I also never signed a security agreement with Global Lending Services which means there is no attachment of security interest in the collateral. Which is required pursuant UCC 9-203. 

Global lending repossessed this vehicle around XX/XX/XXXX. The car was at my current residence. Our contract also states that the vehicle may only be repossessed if they do not enter into a dwelling used as a current residence. Which itself breaches the contract Section 2 ( f ) and is a violation of SC Code of Laws 37-5-112. 

I wrote to Global Lending on XX/XX/XXXX asking them to provide copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject vehicle. They responded to my inquiry XX/XX/XXXX with payment information and a copy of the contract ; not what I requested. 

Since I did not receive the information requested I then wrote another letter XX/XX/XXXX requesting the notification of disposition and tracking numbers of prior notices as well. 

I received a call on XX/XX/XXXX from XXXX who stated he was Escalations Manager, at the beginning of the call he also stated that he was a debt collector and that this was an attempt to collect a debt and any information obtained will be used for that purpose. He then proceeded to tell me that he called to clarify what I needed and I explained to XXXX what the letter meant. 

On XX/XX/XXXX, at XXXXXXXX XXXX, I received a call from XXXX ( XXXX ) XXXX with the caller ID Global Lending. I missed the call because anything prior to XXXX XXXX is inconvenient to me. I called them back at XXXX XXXX. It didnt give me the option to enter an extension. I was connected with an agent. I told the agent that I needed to speak with XXXX in escalations because he was the person that may have called me since this is who I was dealing with the day prior. I believe the agent routed the call to the escalations department and not the extension I requested which was ext XXXX. I was connected with a woman by the name that goes somewhere along the lines of XXXX XXXX XXXX. I told the woman I was speaking with the situation and who I needed to talk to as well. She proceeded with handling the call herself. I told her I received a missed call and I was just returning the call. After verifying the information she needed and reviewing the documents I sent in. She told me that they do not send out a notification of disposition. She explained to me that a notification of disposition is not required in the State of South Carolina. I then asked her to send a letter stating that they were not required to send such notices. She went into an uproar. She stated that state law supersedes federal law. She also stated that her company falls under the FDCPA. Then stated that they were not debt collectors. The woman proceeded with stating the law and telling me I was incorrect. I felt like she was insulting my intelligence and causing a debate, since I felt like she was using obscene language, I told her that I did not call to debate and I didnt want to argue about the laws. The woman jumped down my throat because I continued to tell her this is not the purpose for my call and to please send me a letter stating that they are not required to send the notification of disposition. After telling her the way she was talking to me was offensive and hurtful. She said sorry you feel that way, would you like to talk to someone else. I then again stated that I was calling back due to my conversation per XXXX and I. 

I was finally transferred to XXXX and asked him what was going on with the prior conversation. He apologized for the previous representatives conversation with me. He stated that they train their representatives to send legal matters to the correct department. He also stated that she was not supposed to handle the call and that she was not their legal team. He told me that they have a legal team that handles particular matters to ensure the company is in compliance. Our call proceeded with XXXX letting me know he would be sending the information I requested and that he called about emailing the information to me. I declined the information being sent via email. XXXX called again at XXXX XXXX to assure me that I would be receiving the information I requested by mail and when. He also emailed me copies of the deferment agreements that me and the company had when the loan was active. 

I was sent the notification of disposition but no other required legal documents have been sent including the right to cure and proof that the sale was commercially reasonable which is required if I owe such deficiency SC Code 37-5-103 ( 2014 ). They have also violated the following : UCC 9-616 ( c ) ( 1 ) ( A ) South Carolina Code of Laws 37-5-110 While in this consumer credit transaction, I have received excessive late fees which is illegal pursuant to 16 CFR 444.4 for just about every month there was a payment due, I was not sent the statement that is required pursuant 15 U.S. Code 1666b. Even during the months there was a deferment in place, there is reporting of late payments and extra finance charges imposed with such which is a complete violation of 15 USC 1666a. I have never received evidence of payment from them which shows an unpaid balance which is listed under South Carolina Code of law Title 37-2-302. I was charged a repossession fee in XXXX, when I called about the charge they informed me it was for fuel the repossession company needed, after I made a payment on XX/XX/XXXX. They also continue to report this account to consumer reporting agencies after it has been disputed. 


If Global Lending Services does however fall under the FDCPA they have further violated me. Being that the company has sent several letters to my home with their companies logo and several other people have seen the envelopes according to 15 U.S. Code 1692b and 15 U.S. Code 1692f they are in violation. You also called me at a time that is inconvenient to me pursuant to 15 U.S. Code 1692c. Your company has also had their representatives yell at me and use obscene language with me, they also stated laws about the debt, which is considered a violation of 15 U.S. Code 1692d and 15 U.S. Code 1692e. 


I really have enough pressure on me with this incorrectly reporting to my credit report and with the stress they have caused me throughout the contract. After disputing this account with XXXX and XXXX this company has since furnished different information on my consumer report. To my understanding my report is supposed to be 100 % accurate. Based on the payment information received and the consumer reports, it is still reporting incorrectly. I have addressed the consumer reporting agencies who claim that they do not furnish the information. They stated that the change was from the furnisher. I understand that 15 USC 1681 ( a ) states that credit reporting should be fair and accurate. I also understand that transactions and experiences should be excluded from the consumer report. As a consumer I have a right to privacy as well. In pursuant to 15 USC 1611 giving or providing false information is a violation. 

XXXX has verified this was an accurate account in the past, this account has reported a past due balance after the repossession took place. It has since been changed as well. If it was accurate when I disputed this account, why has there been changes since then? 

1681. Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy.

( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.

1681a. Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.

( b ) The term " person '' means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

( c ) The term " consumer '' means an individual.

( d ) Consumer Report.

( 1 ) In general.The term " consumer report '' means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer 's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer 's eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term " consumer report '' does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ;

Company response to consumer: Closed with explanation