Consumer complaint received 2016-03-07
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, XXXX Bank of the West XXXX XXXX XXXX XXXX XXXX, CO XXXX RE : Mortgage Loan Accounting Department Borrower : XXXX XXXX Account Number : XXXX Property address : XXXX XXXX XXXX XXXX XXXX, CO XXXX Dear BOW employee, Now that I finally have received " 133 days '' an answer from BOW that the debit of {$22.00} from regular payment amount on XXXX/XXXX/XXXX was collected as " Late Fee Payment '' It brings up quite a few more questions that need answered. 
XXXX XXXX explained, in the Promissory Note, Section titled " Late Charge '' states " If a payment is 11 days or more late, I will be charged XXXX % of the unpaid portion of the regularly scheduled payment. '' A copy of the Note is enclosed for your reference. Your due date was changed to the XXXX of the month, effective with the XXXX, XXXX payment. 
Please explain why there is NOT a late fee posted 11 days after the XXXX of each month beginning with XXXX XXXX, ending XXXX XXXX. 
If payment date was the XXXX, why is there No late fee assessed on these 6 months payments 11 days after the XXXX? 
Please explain why there is a " Late Fee '' assessed 11 days after the XXXX beginning XXXX XXXX ending XXXX XXXX? 
Would payment date changed from XXXX to XXXX on XXXX XXXX explain why there are no " Late Fees '' assessed between XXXX XXXX and XXXX XXXX? 
There is NO way you can go 6 months in a row with NO Late fee assessed 11 days after the XXXX then turn around and assess the next 16 months a late fee 11 days after the XXXX. I notified branch manager in XXXX XXXX, that my XXXX claim was awarded, back dated to XXXX/XXXX/XXXX with monthly payments to begin on the XXXX Wed. of each month, beginning XXXX XXXX. I explained that I needed my payment date changed from the XXXX to the fourth XXXX of each month. He claimed it could not be done this way and he suggested it be changed to the XXXX of each month, then stated lets try the XXXX and if we get into trouble we can revisit it then, I agreed. Payment date was changed XXXX XXXX. 
The Section titled " Prepayment '' in the Note states " I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principle balance due '' It was explained to me this is why AutoPay debited scheduled {$570.00} on XXXX/XXXX/XXXX after {$600.00} payment was made 2 days earlier on XXXX/XXXX/XXXX. This clearly shows account is carried out as directed in Note. 
Please explain why AutoPay did NOT debit a payment on XXXX XXXX XXXX when {$2200.00} was deposited on XXXX/XXXX/XXXX? The '' AutoPay '' NON PAYMENT, on XXXX XXXX payment date, caused 6 months payments to be applied to interest only and created XXXX " Late Fees '' to be assessed. 
Account should not have been assessed late fees beginning XX/XX/XXXX ending XX/XX/XXXX. 
enclosures : ( XXXX Enclosures ), ( Complete Transaction History-XXXX ), ( Deposit XX/XX/XXXX XXXX ) and ( loan account XX/XX/XXXX ) Please remove the Late fees assessed begining XXXX XXXX ending XXXX XXXX and Credit all debits beginning XXXX/XXXX/XXXX ending XXXX/XXXX/XXXX, debiting only {$28.00} for the XXXX/XXXX/XXXX late fee assessed account. 
Thank you in advance for acknowledging and answering this request. 
Sincerely, XXXX 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