Consumer complaint received 2022-12-05
Company: Aqua Finance, Inc.
State: FL
Product: Payday loan, title loan, or personal loan
Sub-product: Installment loan
Issue: Struggling to pay your loan

Complaint:
We got the loan in XX/XX/XXXX. Immediately after, I was rushed into emergency XXXX and suffered multiple complications post-op. I reached out to the company, and spoke with XXXX XXXX, who I asked for payment arrangements due to my XXXX-related medical situation and time off work. I again reached out in XXXX, relaying I needed payment arrangements/accomodations due to my medical situation and was offered the option to pay in XXXX separate payments -- but they stated they could not offer any kind of extension or deferment. On XX/XX/XXXX, I was admitted for a 30 day inpatient hospital stay -- at which point, my husband took over handling the account. On XX/XX/XXXX, he made another payment, and noticed an alert in my email on XX/XX/XXXX regarding a scheduled automatic payment. He called Aqua Finance at that point to dispute the upcoming transaction, as he'd already made a payment. On XX/XX/XXXX, Aqua Finance reported us as 30 days late to all 3 major credit bureaus. Since I was in the hospital, I did not know this or start disputing it until after XX/XX/XXXX. In the summer of XXXX, Aqua Finance passed our information onto XXXX XXXX of XXXX ( a recovery service or debt collection agency ), and XXXX XXXX began harassing us and multiple family members -- from as early as XXXX XXXX  to as late as XXXX XXXX  -- daily -- multiple times daily. She also called our family members and told them of our current account status as being delinquent. On XX/XX/XXXX, after multiple attempts, we voluntarily surrendered the property. Nonetheless, I continued speaking to various supervisors and account reps at Aqua Finance in an effort to resolve our account status situation. One of the last supervisors I spoke to, XXXX, was completely oblivious and unaware of the CARES ACT -- it's purposes, limitations and uses -- and stated he didn't care if I had had medical emergencies related to COVID that caused me to lose my job -- I still should have been paying the account as I'd agreed to in the beginning. I also spoke with XXXX XXXX. I filed a complaint with the CFPB related to Aqua Finance 's blatant misuse of credit reporting platforms, their inability to follow laws related to the CARES ACT, the failure to provide payment arrangements and/or accomodations, and their continued inaccurate reporting. After nearly 8 weeks, they responded that they reviewed the recordings and that I never mentioned medical situations, nor did their 3rd party collection agency harass me and break CFPB, CFRA, or CFDPA regulations and statutes. On XX/XX/XXXX, I emailed XXXX XXXX and asked for information related to my account including a statement of account history, accounting, all credits and fees added to the account, the entire process of how they report to the credit bureaus, etc... all in response to her email stating they'd received a copy of my complaint and she wanted to make sure I understood how credit works. Nonetheless, no response was ever returned to my email or my usps request for the information. The company refuses to be upright, honest and transparent in their dealings with the account credits, transactional history, and reporting. On the contrary, the company continues to maliciously report false information pertaining to our account. Not only is this information false, but it. is wholly inaccurate and overall inconsistent in the way they are reporting. They have reported as open to XXXX, with a balance due of {$14000.00} -- with an involuntary REPO in XXXX for both me and my husband. They have reported a balance of {$14000.00} with a closed account to XXXX for both my husband and I ; and closed, involuntary repo in XXXX, 60 days late in XXXX, 90 days late in XXXX, 120 days late in XXXX, with a balance of {$14000.00} for me, but a {$0.00} balance due for my husband. A company that is this CONSISTENTLY inconsistent and scattered with their reporting can not possibly accurately keep track of an account -- much less perform data review of ALL recordings and interactions. Not to mention the fact that I have requested copies of all account transactions, recordings, reporting, and the company has refused on numerous occasions to provide any or all of the information. Additionally, when I've asked for a detailed transaction report listing each credit and debit on the account, they have failed to provide such -- namely, when did the property sell at auction, and when did they credit the account with the service warranty contract refund.

Company response to consumer: Closed with explanation