Consumer complaint received 2018-12-03
Company: LendUp Loans LLC
State: OH
Product: Payday loan, title loan, or personal loan
Sub-product: Payday loan
Issue: Struggling to pay your loan

Complaint:
I need to make a complaint about a company called XXXX, aka XXXX  XXXX aka XXXX XXXX aka Flourish. They state in their contract that in order to exercise my right to receive written notice if any loan payment would vary from the amount authorized, I am to send a written request. 
Authorization to Vary Amount of Payment. I have the right to receive written notice if any loan payment will vary from the amount authorized above. To exercise this right, I will send a written request to your service provider at XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, CA XXXX. Unless I exercise this right, I authorize you to vary the amount of payment you seek, without notice, so long as such payment is at least 50 % and no more than 120 % of the amount I authorize above. 

They also have it in their contract that to cancel the EFT authorization I am also to send a written request. 

Cancelling this Authorization. If I wish to cancel this Authorization, I will write to your service provider at XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, CA XXXX, or call you at XXXX in such time and manner so as to afford you and my depository institution a reasonable opportunity ( typically three ( 3 ) business days ) to act on my request. 

On XX/XX/XXXX I sent a written request to receive a written notice if loan payments would vary from what was originally authorized. I received no acknowledgment of this request. 

On XX/XX/XXXX I sent a letter via certified mail asking for a payment arrangement, canceling the EFT authorization and also the authorization to vary the loan amount. I never received the green card back from this certified mailing. The certified mailing went out on XX/XX/XXXX. I can only assume it was refused. The contract states they want such requests in writing, but yet they refuse to accept such requests. 

XX/XX/XXXX XXXX XXXX XXXX. 
XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, CA XXXX To Whom It May Concern : I need to set up an extended payment plan on the loan I took out on XX/XX/XXXX for {$500.00}. Pay off amount is {$610.00}. I want to break this up into 4 payments of {$150.00} each. I will pay by money order and it will go out on the following dates : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. I could also make payments via prepaid debit card on or before the above dates. 

I also would like to cancel the EFT authorization and also invoke my right to receive written notice if any loan payment will vary from the amount authorized above. I have already sent a letter, dated XX/XX/XXXX, exercising this right. ( Please see enclosed for copy ). 

Thank you XXXX XXXX Package In-Transit Updates Tracking History XX/XX/XXXX In Transit to Next Facility Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility. 
XXXX XX/XX/XXXX, XXXX XXXX   Departed USPS Regional Destination Facility XXXX XXXX CA DISTRIBUTION CENTER ________________________________________ XX/XX/XXXX, XXXX XXXX  Arrived at USPS Regional Destination Facility XXXX XXXX CA DISTRIBUTION CENTER ________________________________________ XX/XX/XXXX, XXXX XXXX  Departed USPS Regional Origin Facility XXXX OH DISTRIBUTION CENTER ________________________________________ XX/XX/XXXX, XXXX XXXX   Arrived at USPS Regional Origin Facility XXXX OH DISTRIBUTION CENTER ________________________________________ XX/XX/XXXX, XXXX XXXX   Departed Post Office XXXX, OH XXXX ________________________________________ XX/XX/XXXX, XXXX XXXX   USPS in possession of item XXXX, OH XXXX The tracking history of the certified mail piece is as above. Apparently it was delayed, but the trail ends XX/XX/XXXX. Where is this now? I can only assume it was refused by XXXX  XXXX. 
On XX/XX/XXXX, they went ahead and took the money anyway out of my checking account which left me overdrawn about {$500.00}. I attempted a stop payment for the original due date of XX/XX/XXXX because I attempted to contact XXXX XXXX several times to get an extension, but heard nothing. They did give me an extension after I had stopped payment and the bank paid it anyway because the stop payment had the wrong date. Unfortunately I had to borrow again to cover this. 

On XX/XX/XXXX I sent an email again exercising my rights to cancel the EFT and varied payment authorizations and ask for a payment plan. 

XX/XX/XXXX XXXX XXXX XXXX. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX To Whom It May Concern : I need to set up an extended payment plan on the loan I took out on XX/XX/XXXX ( funded XX/XX/XXXX ) for {$500.00}. Pay off amount is {$610.00}. I want to break this up into 4 payments of {$150.00} each. I will pay by debit card by the following dates : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. 
I also would like to cancel the EFT authorization and also invoke myright to receive written notice if any loan payment will vary from the amount authorized above. 

I have already sent letters dated XX/XX/XXXX and XX/XX/XXXX exercising these rights, the second by certified mail. I have received no acknowledgment that they were received so I assume you have chosen to ignore them. I also can not get you to return phone calls in a timely manner. If I don't hear anything from you by Friday, XX/XX/XXXX, I will proceed to file complaints with the attorney general of the state of Ohio and XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) stating unfair lending practices and violating your contract regarding the above rights. 

I received the following reply : Hi XXXX, Thank you for contacting us and providing your verification details. 

We appreciate you following up on this matter. 

Unfortunately we can not modify your loan at this time. However, since you are unable to make your upcoming payment and in order to avoid any additional fees you may incur, we will not debit your account on XX/XX/XXXX. We have also temporarily deactivated your checking account on file. 

If you do not make your payment on your scheduled due date, we will place your loan in an overdue state. When you are able to make a payment, please contact us directly to reactivate your checking account and discuss payment options. If you have any additional questions or would like to speak with us further, please request a call back at XXXX. 

We hope this information was helpful and thank you for choosing us! 

Regards, XXXX How would you rate my reply? 
Great Okay Not Good -- XXXX XXXX XXXX I am not trying to get out of paying this debt. I was just asking for a payment arrangement. I also would like to know why my 2 written requests were ignored when it clearly states in the contract they want a written request. I feel they have violated their contract. As for requesting a call back, that's a joke too as they will not return calls in a timely manner. Several calls placed on XX/XX/XXXX were not returned until XX/XX/XXXX. 
They began calling me starting beginning XX/XX/XXXX. They called me twice on that day from XXXX at XXXX XXXX EST and XXXX XXXX EST. No message was left. They called on XX/XX/XXXX at XXXX XXXX EST, XX/XX/XXXX at XXXX XXXX EST, ( XX/XX/XXXX was XXXX ), XX/XX/XXXX at XXXX XXXX EST, twice on XX/XX/XXXX at XXXX XXXX and XXXX XXXX EST, XX/XX/XXXX at XXXX XXXX EST. No messages at any time. I keep my phone off most of the time because of robo calls and calls early in the morning as I work second shift. On XX/XX/XXXX they called at XXXX XXXX and I answered the phone. They wanted to discuss payment. They had received my email of XX/XX/XXXX. They denied knowledge of the written correspondence I had sent. The only way they would set up a payment plan and put me in " good standing '' was to start debiting my bank account again, which I refused. I told them I would make a payment on XX/XX/XXXX. I told them I don't want them in my bank account, that I don't care about being in " good standing '' with them. They refused to send me an email detailing the conversation and my plan to make a payment because I didn't sent up an automatic debit. 
Why do I have to follow their contract, but they don't have too? This is misleading, telling people to send correspondence to an address and then refusing such correspondence. There is no mention of sending an email in the contract. It is also stated in the contract that one does not HAVE to authorize EFT. 

I feel this company needs to be investigated. The people of the state of Ohio don't need this kind of unethical company. 

Thank you. 
XXXX XXXX Sorry I had paragraphs in my original document, but couldn't fix it.

Company response to consumer: Closed with explanation