Consumer complaint received 2023-02-20
Company: OneMain Finance Corporation
State: TN
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
On XX/XX/XXXX. XXXX. I saw a loan offer. On XXXX XXXX, which I decided to apply for. To my surprise. I was accepted for {$20000.00}. I was then prompted to go into the OneMains main office to fill out the paperwork. I walked into OneMain Financial at XXXX XXXX XXXX # XXXX in XXXX, TN. I spoke with a lady named XXXX XXXX who escorted me to her office to go over what I did online. I explained I only wanted {$20000.00} to pay for other bills. That amount would have left me with little over {$2500.00} to pocket. She told me OK, no problem. She asked for my Social Security number, ran my credit, and told me I had excellent credit. Then she pulled up my online application and said OK. She asked if I was receiving SSI? I said yes. Then she told me that wouldnt be enough to get the loan then asked if I had collateral? I told her I only have my vehicle, but it's not yet paid off. She told me I could use that to get the loan which I didnt understand as to why when I did the application online and the only thing I was to do was to come in and finalize the paperwork. She kept going in and out of the office to speak with other representatives. I thought nothing of it because she told me I'd get the loan plus Id have cash to take home. After getting payoff amounts for the bills I was still paying on, she came up with her own consolidation figure after I had done my own consolidation, which I questioned because the amounts didnt match. 

Which I didn't understand why but she told me my total for the loan came out to {$34000.00}. @ a 16.99 % APR, and the amount financed was {$22000.00}. As the finance charge was. {$11000.00}. She told me my first payment would be. {$710.00}. Beginning XX/XX/XXXX. XXXX. Then, It would go to {$560.00}. after that for 59 months. I was a bit confused because I noticed she didn't place on my application that SSI was my main source of income at the time. I also noticed, she stated I was employed at XXXX at the time of application but, I was not working at all. After she went over all of this, I explained to her that the payment would be too high for me, given I only receive {$790.00} a month from SSI. She told me that she'd make the adjustments and they will be reflected before my first bill came out. So, I went home and looked over the paperwork. and I called the next day. And explain to her again. That the payments were too high and that I'd like for her to reverse what she did. She then assured me again that everything will be fine that she took off some things. Like the single life premium, The GAP Insurance premium, and my Certificate of Title Fee. I asked her to explain to me what it meant by the lender may retain a portion of these amounts with an asterisk, and two asterisks beside another statement which said for the purchase of the non-credit insurances or other products I requested, or I may keep the funds. Let me be clear I NEVER received any funds to go home with that was promised. Also, at the bottom of the paper it said lender received service charge of {$1300.00}. I was told that my bill would be lowered because these things were to be taken off, that didn't happen. My bill ended up being {$520.00} a month. Due to my disability and about 1 year into making these payments. My only source of income was SSI and this whole ordeal was causing me more pain than I anticipated. I felt helpless as my disability began to worsen.

I ended up in a bad deep depression as they continue to report negatively on my credit. That went from a XXXX down to now a low XXXX credit score. That hurts because I have worked so hard being a single mother to keep my score high, so that one day Id be able to own my own home. And because of this situation, Ive got to start all over while staying in my apartment where I dont have enough room, which causes me to have to pay for a storage facility. Even as helpless as I felt I still made XXXX partial payment in XXXX of XXXX for {$260.00}. XXXX. That was all I had left as I had to pay for food, I had no phone, had to pay for storage, and personals as well as necessities. 

My sister told me to do some research to find out what can be done about this company, and so I did. I researched how to do an Administrative Process and I started to send them affidavits. The first one was sent on XX/XX/XXXX. The next one was sent on XX/XX/XXXX. I have the green receipts and copies to prove they received them, yet none has been rebutted. I sent a Conditional Acceptance of claim on XX/XX/XXXX as well. On XX/XX/XXXX, I sent an Opportunity to Cure to the branch manager, XXXX XXXX and again on XX/XX/XXXX. A Notice of Dishonor and Estoppel was sent on XX/XX/XXXX. The last affidavit I sent was to XXXX XXXX, who claimed she was a senior advisor for OneMain, which was a Plain Statement of facts on XX/XX/XXXX. All of the letters I have sent have green receipts and not one has been rebutted. I also have sent a Notice of Cease and Desist on XX/XX/XXXX. The only thing they have honored from the Cease and Desist was no more phone communication. 

On XX/XX/XXXX, OneMain stole my vehicle in the middle of the night. I did not realize my vehicle was gone until I was ready to leave to get groceries that day. I called OneMain and spoke with several representatives that kept transferring me to other representatives. I spoke with XXXX representative named XXXX who advised if I wanted to get my vehicle back, I would have to pay a lump sum of {$13000.00}. I asked him to send me this information in writing. He ended up emailing me a settlement quote for {$13000.00}. in one of their corresponding letters, I was advised my vehicle would be sold sometime after XX/XX/XXXX, and I would be responsible for any outstanding balances and fees. 

The consumer laws that OneMain is in violation of : 15 USC 1692b ( 2 ) which states any debt collector can not state that such consumer owes any debt.

15 USC 1692b ( 5 ) which states to not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegrams that indicates that the debt collector is in the debt collector business or that the communication relates to the collection of a debt.

15 USC 1692e ( 2 ) ( A ) which states a debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt without the limiting of the application of the foregoing, the following conduct is a violation of this section ; ( 2 ) ( A ) the false representation of the character, amount, or legal status of any debt.

15 USC 1692a ( 3 ) which states the term " consumer '' means any natural person obligated or allegedly obligated to pay any debt.

I have included the letter with exhibits and an Invoice, along with my UCC-1 Financing Statement that shows the collateral which was included and my XXXX showing my status, that was mailed via overnight service with delivered confirmation to OneMain on XX/XX/XXXX.

Company response to consumer: Closed with explanation