Consumer complaint received 2019-08-13
Company: 1st Franklin Financial Corporation
State: MS
Product: Payday loan, title loan, or personal loan
Sub-product: Title loan
Issue: Struggling to pay your loan

Complaint:
1 Franklin Financial made a modification to my loan, then withdrew their modification and that same day repossessed my car.

XXXX XXXX 1ffc employee XXXX XXXX had been texting me from her personal cell phone. Because my account was past due, XXXX told me on XX/XX/XXXX that she'd get my payments reduced to {$150.00} a month. She then asked if I was going to come in and pay {$150.00} or bring my car? I told her pay I'd pay the {$150.00}. My car was being fixed at the time, so I asked her how to pay a partial payment online because it was only giving me an option to pay {$340.00}. She never responded to that so I paid a payment of {$340.00} on XX/XX/XXXX. On XX/XX/XXXX I also spoke with XXXX XXXX & Mr. XXXX XXXX. I spoke with XXXX about being behind on my payment & my situation. I also told her I was trying to work something out because sadly we are in family counseling due to my childrens father committing XXXX  and my daughter is in XXXX XXXX due to her dads XXXX & her grandparents XXXX XXXX her. So I need/needed my car for transportation. She said she'd contact Mr. XXXX to see what could be worked out. Shortly after, Mr. XXXX XXXX called me, explaining the modification that was worked out. {$150.00} per month for 10 months. He then told me to come sign the paperwork, I told him as soon as I got a way I would. My daughter & I went in on 2 separate occasions to sign the paperwork. I went by I believe it was the 1st week of XX/XX/XXXX and they said I'd have to come back when XXXX  was there. So on Friday XX/XX/XXXX, I went in again with hopes of signing the paperwork and paying a payment of {$150.00} & again I was told XXXX was out, she was the one I needed to see. The supervisor, XXXX XXXX, called me on Thursday, XX/XX/XXXX and told me this modification or this time as he called it " offer '' had expired & was no longer available. But I wasn't told this was an offer & I wasn't given an expiration date. I was told it was a modification and I was to pay 10 payments of {$150.00} & I wouldn't owe anything else. ( Keep in mind, I paid a payment of {$340.00} XX/XX/XXXX, same same day MODIFICATION was made. ) On XX/XX/XXXX within 2 hours of speaking with XXXX XXXX, 2 repo men knocked at my door & with my car already hooked up and in the road, 1 of the men said " we need your keys. '' They didn't show me an order for repossession or any type of paperwork, just " we need your keys. '' So shortly after, I contacted 1ffc Quality assurance & they said someone would be getting in touch with me. Soon thereafter, Mr. XXXX XXXX contacted me and told me that the modification was an " offer '' & that it had expired XX/XX/XXXX. I told him I was told it was a modification, not an offer, & i wasn't given an expiration date!! I asked Mr. XXXX if I could pay a full payment of {$340.00} and get my car he said no. He proceeded to say the only option i had to get my car back was to pay the past due balance in full or pay {$640.00}. Mr. XXXX  didn't seem to care that I tried to sign the paper work & he didn't seem to care about anything I had to say. I called Mrs. XXXX a little later & told her I had {$400.00} & she said I couldn't get my car without {$640.00}, which is a {$340.00} car/loan payment & {$300.00} repo fee. I shouldn't be held at fault for Mrs.XXXX  not being at work when I went to sign the papers and 1ffc shouldn't make a modification & then take it back. But i was given no warning of repossession nor was i told the modification was an offer that had an expiration date until Mr. XXXX told me on XX/XX/XXXX.

I am behind on my account, which they knew that when they told me on XX/XX/XXXX they was making the modification. I also paid a full payment of {$340.00} on XX/XX/2019. It is not my fault again that XXXX wasn't there for me to sign the papers! According to the modification as you see documented, that would mean I owe {$150.00} for XX/XX/XXXX. But yet without warning my car was repossessed and I know this is not right. I do not appreciate the way I have been treated.

Then on XX/XX/19 I recieved a call from 1ffc operations vice president. When the operations vice-president contacted me he was very rude and told me if I wanted my car to shut my mouth and listen to what he had to say.I then put him on speakerphone he said it was nonsense that I had called and complained so many times. He told me if I wanted my car back to take the XXXX cash that I had and for me to sign another loan agreement he also said otherwise unless I paid the past due amount in full I wouldn't get my car those were my choices! He was very rude! He told me not to say a word when I went in there that if anything was said regardless of whose fault it was I wouldn't get my car and he meant it he said and I have a witness! I have been treated like XXXX to say the least. I was forced to sign another modification/loan! I did not choose to accept the most recent loan modification! I was told by operations vice president I had to pay the {$400.00} and sign the most recent loan modification or pay the past due amount in full or be without a car! He also said loud and clear that 1FFC is all about the money. Therefore how they treat people doesn't matter to them. They should stick to the 1st modification they told me before my car was repossessed, which was 10 payments of {$150.00} then it'd be done. And this is what I want honored.

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