Consumer complaint received 2020-02-26
Company: TCF NATIONAL BANK
State: NV
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:
The purpose of this compliant against Gateway One Lending and Finance is due to the Violation under the Service members Civil Relief Act ( SCRA ), 50 U.S.C. 3901-4043.

By violating the SCRA by failing to refund, on a pro rata basis, lease amounts in the form of capitalized cost reduction ( CCR ) paid in advance by service member ( spouse ) who lawfully requested time terminated automobile contract upon receipt of qualifying military orders. See 50 U.S.C. 3955.

The purpose of the SCRA is to provide service members with protections to enable them to devote their entire energy to the defense needs of the Nation and to protect their civil rights during military service. See 50 U.S.C. 3902. One of those protections is the right to terminate a motor vehicle lease or contract without penalty at any time : ( 1 ) after entering military service, if their orders call for at least 180 days of service ; ( 2 ) after receiving qualifying military orders that permanently reassign the servicemember to another location ; or ( 3 ) after receiving military orders to deploy for at least 180 days. See 50 U.S.C. 3955 ( b ) ( 2 ). 



A company who fails to adhere the contractual termination violates that servicemembers federally protected rights under the SCRA. 



My husband joined the XXXX XXXX in XX/XX/XXXX. We started the contract with Gateway one Lending Finance for our XXXX XXXX XXXX suv in XX/XX/XXXX. 

The seller for the XXXX XXXX XXXX  contract was at a XXXX  XXXX XXXX XXXX NJ XXXX. 

The vehicle was financed through Gateway One Lending and Finance. 

My husband received XXXX  to XXXX XXXX XX/XX/XXXX for a tour of 12 months ( until XX/XX/XXXX. ). 

Received XXXX  fall of XX/XX/XXXX for a total of six months to XXXX XXXX until XX/XX/XXXX. 

Received XXXX XXXX to XXXX XXXX in XX/XX/XXXX. 



HISTORY I attempted to reach out to Gateway One Lending and Finance XX/XX/XXXX stating that my husband will be XXXX to XXXX, XXXX in the fall of XXXX by being proactive in preparing for another move I spoke to XXXX XXXX ( Loss Mitigation ). Per our discussion, she stated she will need documents to proceed. She sent an email with the information to be requested and had courtesy copy XXXX XXXX, and XXXX XXXX. XXXX sent an email dated XX/XX/XXXX asking to send my husbands XXXX XXXX XXXX, including power of attorney. During this time, I attempted to contact via phone due to the nature of the case I didnt want to send irrelevant documentation. I was advised to send a copy of my husbands enlistment paperwork of the original document ( stating when he first enlisted in the military service ) sent XX/XX/XXXX at XXXX XXXX. I also sent the other documents via email to XXXX. 



I went to the base legal office at XXXX XXXX for guidance on how to proceed with this situation before sending any correspondence. I saw XXXX XXXX who specialize in SCRA on XX/XX/XXXX. He advised that I reached out to XXXX XXXX notifying the company that my husband will be deploying overseas. He also stated that he would assist me with this matter due to the sensitive issue of SCRA. I received an email on XX/XX/XXXX from XXXX XXXX also attempted to contact Gateway One in regards to this matter. He stated via email Unfortunately I was not able to have any significant conversations with Gateway. I called on you and your husbands behalf, but in order for them to share any meaningful information with me regarding your accounts you must sign an authorization of release from them. He reiterated that I should contact Gateway One Lending and Finance to effectively communicate this matter. 

I followed up with XXXX via phone conversation and was told my husband did not qualify for SCRA benefits. 



During the duration of the vehicle loan, my husband has XXXX overseas twice and received XXXX XXXX XXXX  XXXX XXXX as a recruiter to XXXX XXXX XXXX. We communicated with the Legal Office on XXXX XXXX XXXX base XX/XX/XXXX and suggested we file a complaint against the company if no efforts to resolve this matter has been made. 



RELEIF REQUEST I have obtained copies of each of the orders both XXXX/XXXX  and or a letter from commanding officer stating the pending ( previous ) XXXX. 



Pursuant to the Servicemembers Civil Relief Act ( SCRA ) 50 U.S.C. App. Section 535, this letter is the formal written complaint due to the lack of communication, noncompliance and no communication notice to terminate the vehicle lease agreement for the above referenced motor vehicle. 

My husband is currently XXXX  on XXXX XXXX with the XXXX XXXX. He received XXXX and XXXX for 180 days or longer. He received XXXX  for a XXXX XXXX XXXX XXXX from the continental United States to outside the continental United States.

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