Consumer complaint received 2023-11-22
Company: Westlake Services, LLC
State: CA
Product: Payday loan, title loan, personal loan, or advance loan
Sub-product: Title loan
Issue: Vehicle was repossessed or sold the vehicle

Complaint:
Please disregard the other complaint form as I quickly rushed through and believe it should be explained in more detail. This complaint is an extension of the previous due to the inability to edit the complaint. 

The timeline of events in this situation with Willshire goes as followed. It all began when the vehicle was repossessed around XXXX XXXX  on Thursday  night, XX/XX/XXXX. The following morning, on XX/XX/XXXX around XXXX or XXXX, I called Willshire to inquire about an offer they had previously sent me on XX/XX/XXXX. This offer was valid for 14 days and after reading the fine print, did not state that repossession would nullify the offer. To which prompt me to call. 

During my call, I spoke with XXXX XXXX who, with the approval of his managers, offered me an even better deal after explaining my financial hardship and using my vehicle as shelter currently. This new offer consisted of making two payments of {$510.00} a month for two months. I was instructed to make a payment, of any amount that very day and would have to make the remaining amount to satisfy the {$510.00} payment within 14 days. XXXX XXXX confirmed that once the first payment was made, my car would be considered in good standing with Willshire. I was happy with the offer and accepted it. 

XXXX XXXX went on to explain the terms and conditions of the agreement, including the fine print regarding receiving a form 1099 from the IRS due to the reduced payment being over {$600.00}. He also answered my questions regarding the formality of the loan and explained that it would be a new loan consisting of two payments of XXXX. So I got off the phone and did what I could do to fulfill this agreement, I made a payment of {$25.00} ( {$20.00} towards the payment & {$5.00} for processing the payment ) which was all I could afford at the time. 

I called back 5 or 6 hours later informing them of my payment made and was requesting my new loan documents and planned on asking how to access the docs online and if I needed to sign anything. 
However, it was at this point that Willshire realized that the car had been repossessed, which I assumed Wilshire had overlooked on their end. They said the deal is off. You know the car was repossessed right? I answered yes. I ask to speak to XXXX XXXX but he has not called me back. Interestingly, He stated that I was to deal with him and only him throughout this process. Ive called and asked for him 4-5 times but again, has not communicated with me and only spoke with him the very first time. I am trying to get to the bottom of this but they are hiding him as if hes in the witness protection. Wilshire opens at XXXX XXXX, and I was awake and located the offer letter prior, and called 5 hours after they opened. If I was trying to conceal a repo, I would have called at XXXX XXXX. Especially considering when the tow truck driver had specifically stated that the police and lender would receive a repossession notification within the hour. 


I called the following day, Saturday  and they have their hours listed as XXXX to XXXX XXXX  incorrectly on the offer emailed to me. as I called multiple times starting at XXXX XXXX  to the same message. 

I strongly believe that Willshire  is engaging in illegal practices by offering a verbal contract over the phone and then rescinding the offer after the initial payment had already been made. I accepted the offer over the phone. A new loan agreement should have been generated and the car should have been considered in good standing. It is now XX/XX/XXXX, and Willshire refuses to return my car. At no point, Wilshire has not made one  attempt to communicate with me. Not to inform me of rescinding the offer. Not to offered to return the payment made towards the new loan. Not the call back within the hour as promised. Not my messages to the manager that were never returned. 

In California, verbal agreements are binding in a court of law, its a contract! Yet Wilshire is refusing to return my vehicle unless I make the payment in full. They are even threatening to sell my car at auction. Being that I made the payment, Wilshire stated that alone would constitute my loan being in good standing to which they can not hold my vehicle hostage if that is the case. The unethical conduct this firm is practicing should be investigated. 

I have tried to work with Willshire and find a resolution, but they refuse to budge on their demands and take no accountability for offering the terms while blaming me for not disclosing the repossession, even though I was not obligated to do so in any documents I signed under the terms of the loan. I tried meeting them in the middle but they want it in full. Supposedly this employer who is a senior account specialist whom I was transferred twice to was suppose to call me within the hour but didnt so when I called back at eve normal number, picked up my phone. He supposedly asked his managers to keep the agreement we had in place on my request and he said they said no. Thats it has to be in full or nothing. 

In conclusion, the timeline of events with Willshire is highly concerning. They offered a verbal contract over the phone, accepted a payment, and then rescinded the offer without any proactive communication. They are now refusing to return my car and demanding full payment. This situation raises serious questions about their practices and their willingness to take responsibility for their mistakes.

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