Consumer complaint received 2016-08-10
Company: BANK OF THE WEST
State: CO
Product: Mortgage
Sub-product: Home equity loan or line of credit
Issue: Loan servicing, payments, escrow account

Complaint:
XXXX XXXX, Why did it take a complaint to the CFPB to get BOTW to start allocating " Auto payment '' payments correctly? The last six months BOTW has allocated my payments exactly like my Note states. I complain to CFPB in XXXX XXXX and " Auto payment '' begins allocating my payments correctly, beginning with my XXXX XXXX payment, exactly the way I state previous payments should have been allocated. 

How do you expect me to believe a single word you say/print when your explanations about how " Auto payment '' allocates payments is not the way " Auto payment '' has allocated the last six months payments on my account? 

On page XXXX of the ( XXXX Enclosure ) that you provided, it states in the Comments to Activity section on XXXX/XXXX/XXXX that the {$570.00} " Auto payment '' satisfied the XXXX/XXXX/XXXX payment ''. It states on XXXX/XXXX/XXXX the {$570.00} " Auto payment '' satisfied the XXXX/XXXX/XXXX payment and then on XXXX/XXXX/XXXX the {$570.00} " Auto payment '' satisfied XXXX/XXXX/XXXX payment. On XXXX/XXXX/XXXX I made a {$600.00} online payment that satisfied the XXXX/XXXX/XXXX and {$22.00} of the XXXX/XXXX/XXXX payment date. 
On XXXX/XXXX/XXXX " Auto payment '' allocated the regular {$570.00} payment. When these five " Auto payments '' were made, account was paid ahead more than 1 month and " Auto pay '' still debits the {$570.00} regular scheduled payments. 
. 
Beginning with the XXXX/XXXX/XXXX payment the Auto payment plan allocated the correct regular payment amount of {$570.00} even when paid ahead 30 or more days. Exactly the way my Note States. 

Now if the Automatic payment plan would have allocated the regular scheduled {$570.00} payment on XXXX/XXXX/XXXX " XXXX ( XXXX ) '' and XXXX/XXXX/XXXX " XXXX ( XXXX ) '', the way it has allocated the last six months payments, XXXX ( XXXX ) Late Fee 's would not have been assessed to account. 

Correcting the way " Auto payment '' allocates payments on the last six months payments gets us part way there. I simply want you to honor your obligation by removing the XXXX Late Fees that were created when Auto pay failed to debit these two payments like the way it has allocated the last six months payments. 

Please explain why I have not been provided access to any kind of statement on this loan account in the last 8 years? 

I fully intend on taking as much time as it takes to get these corrections made on my account. I have invested a considerable amount of time providing documented proof of mistakes made. I can not hear and I am XXXX so Simply providing a telephone number is not an acceptable response. 

I have provided detail showing that the XXXX/XXXX/XXXX and XXXX/XXXX/XXXX regular scheduled payments were not debited and applied correctly so please remove and credit the XXXX late fees that your Auto pay program created as a result from not properly debiting regular scheduled payments on these two dates. 

It is my hope that this letter explains with enough detail the corrections that need to be made on this account and corrections are made. 

Sincerely, XXXX

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