Consumer complaint received 2022-09-04
Company: Byrider Franchising, LLC
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XXXX - Called CNAC and spoke with XXXX XXXX and scheduled a payment for {$400.00}. Advised that i recently switch jobs and needed to change my payment frequency from every 2 weeks to bi monthly. He stated that wouldn't be a problem I just needed to provide proof by sending in copies of my new paystubs which I emailed them to XXXX after we ended the telephone conversation. I received no response so I assumed the frequency had been updated. 
XXXX - I started receiving collection calls from XXXX XXXX  with CNAC. Even if I was still on my old pay frequency my due date wouldn't have been until XX/XX/XXXX so CNAC was calling attempting to collect the payment before it was even due. I explained to XXXX XXXX that I had already sent in my paystubs and I had spoken to XXXX the month previous and she said nothing was noted on my account. 
XXXX - I sent XXXX XXXX XXXX and email with the attached paystubs that I had previously provided and recapped what we had discussed and again I received no response. 
XXXX - XXXX XXXX  starts calling again to collection the payment and I politely advised her that I did not receive my next pay check until the last day of the month and I preferred to make the payment at that time. She then advised me I needed to email the paystubs to her. While these people are calling me I am trying to work and they continue to interrupt me at work with no regards that I need a job so I can make the payment. XXXX advised me that she was going to have draft a document and she would send to me and I would need to sign and send it back. 
XXXX - I received an email from XXXX XXXX at CNAC with a document attached and advised me that I had 10 minutes to sign the document and send it back to be processed. Again this is in the middle of the day while I am at work. The document basically stated that they were altering my original contract that this was considered a Forbearance agreement due to my financial hardship. I was not having a financial hardship at that time and I didn't feel comfortable signing a legal binding document that had incorrect statements within the document. Reluctantly, I signed the document and sent it back to XXXX and in the email I advised her that I did not agree with the document that it has incorrect information documented within the document and that I was not experiencing a financial hardship. XXXX responds to my email and states, " Then I won't process the change '' even though I signed the document. 
XXXX - I made a payment in the amount of {$220.00} as my payment would have increased from {$190.00} to {$210.00} if I changed the frequency from every other week to bi-monthly. 
XXXX - I received an email from XXXX XXXX advising me that my access to make online payments on the CNAC website had been suspended. I responded and advised XXXX that I would be in touch with an attorney. During this time I was in the process of moving residences due to a XXXX XXXX ongoing issue with my ex partner and for my safety I had to move residences and change phone numbers because I was being XXXX  and XXXX  which is also when I did start experiencing financial hardship which is an entirely different story regarding the person I was renting the residence from. 
XXXX - CNAC drafted {$160.00} out of my XXXX XXXX checking account and processed the payment as if I had swiped the card at the dealership. I never went to the dealership and I couldn't have made the payment online because remember on XX/XX/XXXX they disabled my access. Below is how the transaction appeared on my bank statement : PURCHASE AUTHORIZED ON XX/XX/XXXX CNAC FL XXXX XXXX FL XXXX XXXX  XXXX XX/XX/XXXX - CNAC drafted {$190.00} out of my XXXX XXXX checking account and processed the payment as if I had swiped the card at the dealership. I never went to the dealership and I couldn't have made the payment online because remember on XX/XX/XXXX they disabled my access. Below is how the transaction appeared on my bank statement : PURCHASE AUTHORIZED ON XX/XX/XXXX CNAC FL XXXX XXXX FL XXXX XXXX  XXXX XXXX - I submitted a dispute with XXXX XXXX regarding these two transactions because I never authorized these payments. XXXX XXXX opened a case ( Claim # XXXX ). 
XXXX - XXXX XXXX issued me a provisional credit of {$350.00}. 
XXXX - CNAC again drafted {$190.00} out of my XXXX XXXX checking account and processed the payment as if I had swiped the card at the dealership. I never went to the dealership and I couldn't have made the payment online because remember on XX/XX/XXXX they disabled my access. Below is how the transaction appeared on my bank statement : PURCHASE AUTHORIZED ON XX/XX/XXXX CNAC FL XXXX XXXX FL XXXX CARD XXXX This makes three times that they intentionally taken money out of my personal checking account without my authorization and has caused me to overdraft my account with XXXX XXXX. 
XXXX - I submitted another dispute with XXXX XXXX ( Claim # XXXX ) XXXX - Six hours after submitting the dispute to XXXX XXXX they sent me an email stating the investigation was completed and that I was not receiving a credit to my account and I would be receiving a letter in the mail explaining why. 

This is a blatant violation of my consumer rights for Unauthorized funds withdrawals by a debt collector and is a violation of my consumer rights under the Fair Debt Collection Practices Act ( FDPCA ) or could be considered a violation under the Electronic Funds Transfer ( EFTA ). I will be seeking legal counsel to address these issues. Also please keep in mind that when I received the email from XXXX on XXXX suspending my ability to make online payments I was only due for one payment and he advised in his email that there were no secure holds whatever that means. Since that time I have received multiple emails from XXXX XXXX and XXXX XXXX threatening legal action against me. This place really needs to be shut down. What they are doing to be people is illegal.

Company response to consumer: Closed with explanation