Consumer complaint received 2020-07-17
Company: SunTx Capital Partners
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Problem with paying off the loan

Complaint:
XX/XX/XXXX Complaint Against Freedom Truck Finance Re : XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Texas XXXX Phone : XXXX Office : XXXX To Whom It May Concern, I am filing an official complaint against Freedom Truck Finance, XXXX XXXX XXXX, XXXX XXXX, XXXX, Texas XXXX, for 1.Theft by deception 2.Defamation of  character 3.Violating the Fair Credit Reporting Act ( FCRA ) 4.No explanation of account balance 5.Knowingly reporting inaccurate information to the credit bureaus 6.Erroneous charges to my account with no explanation 7.Failing to correct the inaccurate information with the credit bureaus 8.Harassing phone calls for over 60 days 9.Continuously updating my account with wrong information 10.Reporting late pays after the account was supposed to be closed 11.Blackmail I have been a XXXX XXXX XXXX for over 22 years, with approximately over 2 millions miles XXXX. I started my own XXXX XXXX in Texas during XXXX, inspite being a XXXX XXXX Survivor and a Single Mother, I have stayed determined to succeed in my life. 

I went to shop for a XXXX XXXX around XX/XX/XXXX and XXXX XXXX XXXX had the truck that I wanted to purchase, however my credit wasn't that great because of my divorce. The dealership had already built relationships with subprime lenders for customers like myself, so I was referred to Freedom Truck Finance. 

My application was processed and I had to put a down payment to get the approval from Freedom Truck Finance to carry the loan. 
I picked up my XXXX XXXX XXXX XXXX # XXXX on XX/XX/XXXX, total being financed {$60000.00}. 

Freedom Truck Finance went out of business and filed Bankruptcy in XXXX of XXXX, however I was never notified of the companies status and was never instructed if they would continue to service my commercial loan. 
I always paid to park my XXXX XXXX at a large XXXX XXXX   in XXXX, Texas whenever I come in off the road because I would usually out on the road anywhere from 3-5 days at a time. I knew that I need ed to make sure my truck was secure. On XX/XX/XXXX my world was turned upside down, upon my arrival back at the Truck Stop, I noticed that my truck wasn't in the parking space where I had parked it. 

My tuck had be stolen and the police looked at the video footage to see who stole it but unfortunately because they had on Covid 19 masks, they were not able to identify the thieves, but they still looked for my truck for a month. 

I contacted my insurance companies and made the police report, my insurance company deemed my truck a total loss. I contacted Freedom Truck Finance and they provided us with a payoff letter which included the dollar amount to close my account, on the date of the police report. 

My truck was equipped with a low jack system that Freedom Truck Finance made me pay to install, but they monitored the system. I was never allowed to log into the system myself. Freedom activated the alarm, only to realize that it was no longer sending a signal for them to track. Freedom wasn't monitoring the system at all. I asked Freedom, Why would they make me pay to install the system if they were not going to monitor it, therefore giving me a false sense of added security when there was really none. Freedoms response was, They make everyone pay to install the system in all commercial   vehicles. They use the system to prevent the truck from being started. 

The payoff quote was for {$59000.00} which was good until XXXX XXXX, my first insurance company sent in a payment for {$39000.00}, in return Freedom Truck Finance released the title to XXXX XXXX for the monies paid on my behalf. 

I still had a balance that XXXX XXXX XXXX would later send them a check for {$12000.00} and upon receipt of the monies the account would be closed. They paid Freedom the difference from what my cancellation refund was going to be. Freedom agreed on the dollar amount. 

Freedom Truck Finance accepted the check and cashed it, later on they called and stated that it wasn't enough to pay off the account and that someone within their company had made a mistake with the payoff amount and they needed for the insurance company or for me to send over another check to cover the remaining balance. 

XXXX XXXX XXXX contacted me and explained that they had been contacted for more money and they felt that Freedom Truck Finance had broken the law by committing fraud to acquire more monies for my truck. 

I canceled my extended warranty and road side hazardous package with XXXX XXXX, which I purchased from the dealership at the time of my purchase. 

Upon the completion of the process to cancel, they contacted Freedom Truck Finance and requested my account balance. My refund was {$4600.00} and they needed to know where to send the check and make sure that I still owed Freedom Truck Finance more money. Freedom never sent over the accounting details showing that I still had a balance, therefore after waiting 2 weeks for Freedom to send the information to the dealership they mailed the final check to me. Which I still have today. 

I have attempted over 20 times to contact someone in their loan servicing department, I didn't have any luck resolving these issues Persons that I have spoken with at Freedom Truck Finance :  EMPLOYEES RESPONSES XXXX XXXX - Just pay the money and you won't have to worry about your credit being bad and also I really don't have anything to do with your loan. She also provided the Payoff Letter to my insurance companies. 

XXXX XXXX She provided the Guarantee Letter for Release of Title to XXXX XXXX. She stated to me Stop calling her because there is nothing she can do and just make a payment arrangement for the balance and how did I come up with the balance that I had UNKNOWN- Received accounting details, however no name on the documentation or whom sent it to me, that I received and it wasn't signed by anyone. It also appears to be typed up instead of it coming from their system. No contact information either. I wasn't able to question why they were not applying part of my payment to principal, but they were applying all of my payments to interest only, on an installment loan. 

Customer Service Reps ( Only First Names No Way To Verify If They Were Telling Me The Truth ) - I was advised that my account didn't have any late fees added as of XX/XX/XXXX per the agent on the phone. Also, I was informed that Freedom would start reporting it as late/past due by XX/XX/XXXX, if the insurance didn't pay my truck off before the date on the payoff letter of XX/XX/XXXX. Freedom received the first check on XX/XX/XXXX and the other check they received on XX/XX/XXXX, but didn't put it into the system until the following day. I called and verified that Freedom signed for the check via XXXX   delivery services. 
I learned that Freedom provided me with accounting details that showed no late payments or late fees, but they have continued to report the account to the credit bureaus as being late 90 days, as of today and with a balance that keeps changing on a weekly basis, because Freedom is updating the information weekly per the Credit Bureaus. 
I responded to Freedom by explaining to them that If no one would speak with about the shortage and how the monies were applied to my account, I would have no choice other than to seek legal advise because they have violated my rights as a consumer. 

XXXX? Freedom Truck Insurance Services Center- He refused to provide me with his last name or initials, he was contacting about putting a replace insurance policy on my truck and adding the monies to my monthly payments. Only for me to advise him that my truck was a total loss and the truck was paid off. He explained that the loan service dept had not updated the records and or notified his department as of XX/XX/XXXX. I may be contacted again to provide proof of the insurance claim. 

XXXX XXXX Loan Servicing Manager Finally, I got to speak with a manager after about a month of being harassed for a payment. He stated, Mrs . XXXX I promise you that I will investigate this matter and go over the numbers and make sure that the account is called and that Freedom Truck Finance makes all the necessary corrections to your credit reports., He also explained that it was customary for them to XXXX out an account after the insurance has paid all of the monies that they are going to pay. Mr. XXXX refused all of my calls after he returned from his 5 day vacation and responded to me with 1 email, Per our loan department, You are responsible for the remaining balance. And there is noting that I can do. He did not go over my account with me at all, so I never was able to question their accounting methods for my account and why they were still adding fees, and interest to an account that was supposed to be closed. I responded to him, Thank you for NOTHING. Mr. XXXX responded by sending me another managers contact information. 

XXXX XXXX -Director of Loan Services He has never returned any of my calls or responded to any of my emails as of XX/XX/XXXX. Another dead end road. 

Please contact me on this matter and advise me of what I can legally do to correct this problem. Freedom has ruined my credit, I am unable to purchase another truck for my company until this account is closed and my credit is corrected. 
My company is going to go out of business if I can't get this problem resolved as soon as possible. I have been working and XXXX   essential items since the beginning of the pandemic and I would like to continue helping as much as I can. 
I am currently a XXXX XXXX  again until this is resolved. 

Thank you

Company response to consumer: Untimely response