Consumer complaint received 2022-08-03
Company: Sunlight Financial LLC
State: CA
Product: Payday loan, title loan, or personal loan
Sub-product: Installment loan
Issue: Charged fees or interest you didn't expect

Complaint:
The California State Licensing Board has taken the most serious action available against Sunlight Financials XXXX and referred them to the Office of the Attorney General for legal action in connection with this loan. The recommended violations include, but are not limited to abandonment without legal excuse. I believe they used fraud, unconcionability, unfair surprise, and extreme unfairness to induce the contracts. 

Ive sent many letters to Sunlight Financial. The most recent letters, including the CSLB results, were sent XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX to XXXX XXXX ( XXXX XXXX XXXX ), XXXX XXXX ( Compliance Counsel ), and Sunlight Financial Escalations Team reiterating contract breaches, abandonment and the unfair sales tactics that took place to induce the Loan Agreement. I requested cancelation of the loan, a full unconditional lien waiver, and removal of all references regarding the account from the credit reporting agencies. I also sent an official claim notice to the physical mailing address, as noted in the Loan Agreement to Sunlight Financial XXXX XXXX XXXX XXXX  and the same letter was emailed on XX/XX/XXXX. I have been reporting to Sunlight Financial and XXXX since my first discovery of contract breaches on XX/XX/XXXX, but they have routinely disregarded these concerns to date, and instead of providing assistance Sunlight threatened and commenced action against me. 

Solar installation and financing contracts were signed on XX/XX/XXXX and XX/XX/XXXX. The installation deadline date was XX/XX/XXXX. Upon conclusion of XXXX, Sunlights XXXX made only one visit to my property, which was delivery of some panels to my roof. The job was abandoned and over 75 % is incomplete. Despite my many requests for advisement and installation, they never made any attempts or contacts whatsoever to discuss or arrange job completion. 

In addition to abandonment, Sunlights contractor resurfaced on XX/XX/XXXX but only to trick me into Signing an agreement that would release them from their contract but hold me to contract terms of {$36000.00} and 20 years of payments. This incomprehensible scheme provided a hush payment of {$3500.00}. I didnt sign the document and they reverted to their routine disappearing act. 

Sunlight Financial and their contractor, who are introduced as partners on the cover page of their contract, used a high pressure sales rep to secure installation and financing agreements. Despite the Loan Agreements Holder Rule disclosure, Sunlight is illegally holding me ( the customer ) liable for their and their partners negligence and fraud. 

Sunlight Financial is charging me for services and products that will never be realized due to illegal business practices, which include, but are not limited to abandonment. On XX/XX/XXXX I received a written response from Sunlight Financial Associate General Counsel, XXXX XXXX. Instead of providing assistance, XXXX XXXX validated the abandonment and other concerns I had raised, by exploiting an open-ended line, in the Note, that reads, The System does not need to be connected to a power grid or operating to be considered Installed for purposes of this Note. XXXX XXXX misappropriated contract terms to trick me into believing it means, The System NEVER needs to be connected to a power grid or operating to be considered installed In the same letter XXXX XXXX confirmed and acknowledged that the system was not installed or even substantially installed by volunteering the following statement, installation required a main panel upgrade and relocation of the main service panel all of which was never done. XXXX XXXX letter contradicts his own statement by also claiming that my allegations are entirely unfounded. XXXX XXXX XXXX further exhibited unconscionable actions by deceptively stating that the Loan Agreement is by and between me and XXXX XXXXXXXX XXXX and therefore Sunlight Financial doesnt have the authority to cancel any of my obligations under the loan agreement. The definitions section of the Loan agreement makes clear that, for purposes of the Note, XXXX XXXX XXXX and Sunlight Financial are one and the same by stating, We, us and our mean XXXX XXXX Bank, located at XXXX XXXX XXXX, XXXX, XXXX XXXXXXXX ( Lender ), and any subsequent holder of this Note. 
The Lien, the Note definitions section, the Loan Agreement cover page, and the XXXX  certificate all prove that Sunlight is the Note-holder and has authority to cancel the agreement. I believe Sunlight and their partner used fraud, unconcionability, unfair surprise, and extreme unfairness to induce the contract, and derelict their contractual duties. 

THE HOLDER RULE applies to this contract and as such, Sunlight Financial must abide : The Holder Rule is a federal regulation intended to help consumers when a defective or fraudulent product or service is purchased with credit extended directly by the seller or arranged by the seller. If the seller ( 1 ) provided your financing directly or ( 2 ) has a partnership with the provider of your financing, you may be able to stop paying on the loan and possibly obtain a refund of any payments you made on the loan if a product or service is defective or not provided. 

All supporting documents referenced in this complaint were emailed directly to Sunlight Financial.

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