Consumer complaint received 2023-01-28
Company: Westlake Services, LLC
State: TN
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Loan sold or transferred to another company

Complaint:
My name is XXXX XXXX Im XXXX old. I live in XXXX XXXX. I was recently in search of a used vehicle at a reasonable price. The vehicle that I was in at the time belonged to my parents and it was pretty old and not in the best condition. Economically due to the age and mileage the car was costing me more in gas than I would pay if I had a newer more fuel efficient vehicle with less mileage. This lead me to searching locally and even out of state for a vehicle. Due to the high demand, and shortage on these type of cars it made the search a bit difficult. I was pre approved through XXXX XXXX XXXX Westlake Financial. I found a vehicle in XXXX XXXX  but before I could send a down payment just to hold the car someone walked into the dealership locally and purchased the vehicle. I kept searching and found another vehicle out of XXXX XXXX at XXXX XXXX XXXX i called and spoke with XXXX  XXXX the owner of the dealership. He XXXX me showed me the vehicle and urged that if I wanted the vehicle I should place a deposit to hold it. Given that I had just lost an opportunity at the previous vehicle in XXXX  I immediately gave XXXX  my XXXX XXXX number to place a {$100.00} down payment to hold the car. After making the payment we made him aware we would be coming from XXXX  to pick up the vehicle on Saturday XX/XX/XXXX. On that day we did as planned and rented a vehicle and drove to XXXX  to pick up the XXXX XXXX XXXX. We arrived at the dealership test drive the vehicle. Decided to purchase the vehicle despite it not being in perfect condition it was at a decent price and I really need it because I was about to start a 2nd job in a couple a weeks following the purchase of the vehicle. While there and discussing tag & title XXXX said he would have it done by a third party and call us ( my mom and I ) when the person had the tag until the he would place a temporary tag on the vehicle. We left the dealership after about 5-6 hrs with the car and I was so excited. We stayed in an XXXX Saturday given it was really late and back home is a 7hr drive. The next morning we head home & while on the road I realized XXXX never gave me my driver license back so I called but it was Sunday so I didnt get an answer. The following day was very busy and I didnt remember to call back, However on XX/XX/XXXX I called and ask XXXX about my license and he advised me that he accidentally left them on the copier and would mail them immediately along with the paperwork and title for the vehicle. He advised me that he couldnt find a company to title the car so he would send a check for me to be able to pay the county clerk when going to get the title for the car. I agreed that once he sent everything I could get the tag from the clerks office. I waited for weeks and didnt receive anything not even my license. I contacted XXXX  back and he said he would get it mailed out. On or around XX/XX/XXXX XXXX delivered the paper work however there was no check included for the tag & title. I then text XXXX and made him aware that I had received the paper work and car title but not the check to get the tag registered with the clerk. He then text me back and said he had held back {$890.00} ( which was included in my total Loan amount ) for the tag & title and for me to pay out of pocket for the tag and title & he would reimburse me. I made XXXX  aware that I didnt know what the cost and if I would have the money available to pay out of pocket but would try. I also told XXXX that XXXX XXXX XXXX has been very busy due to staff shortage and tag shortage that its been difficult for XXXX XXXX residents to get tags and titles. At this point Ive started my second job and due to the time needed to wait in line and the process I didnt have because of the new job. The drive out that XXXX placed on the car didnt expire until XX/XX/XXXX. Im the state of XXXX  I could legally drive with the tag until XX/XX/XXXX so in my mind Im thinking I can save the money and get the tags before the end of the month. On XX/XX/XXXX my dad came home around XXXX and said he thought I was gone because my car wasnt outside. I thought he was joking. When we both realized neither of us where joking we panicked. I called Westlake being they are my finance company to report that the car was gone and they said they had no idea what could be going on that My loan was in good standing with them and they had no reason to come and get the vehicle and to call the police and insurance company and report it stolen. I ask if there would be any reason for the dealership to have came and get it they advised me no one should have the car but me. I hung up and called XXXX before calling the police here locally and he advises me that he had the car picked up because I hadnt gotten the tag for the car yet. I then say to XXXX  how could you do that you dont own the vehicle its financed for me through Westlake Financial and they are the lien holders. I made him aware that was advised by them to call the police because as they are concerned the car was stolen because them nor myself had it in our possession. I told XXXX he stole my carXXXX XXXX at this point says he had the rights to the car and is the lien holder. I then hung up on XXXX and called Westlake Financial back and made them aware of what XXXX had done and they started a Fraud report against his dealership and had me to forward all proof of conversations and paper work related to the tag & title to them. They also said to call the police on XXXX  for stealing the vehicle because he had no rights. This was approximately XXXX on XX/XX/XXXX I continued all day to follow up to see what update the fraud department had. There was no update until around XXXX central standard time I received an email from Westlake stating they could no longer speak with me though email about my account. This prompt me to call and was then advised by a representative that XXXX had initiated a dealers buy back on my vehicle and that I would need to contact him. At this point Im furious that XXXX  would first illegally repose my vehicle then afterwards the finance company in which my loan was in good standing with would cancel it and sell my vehicle back to XXXX after he illegally and unethically took the car back. I called XXXX on another phone while having the Westlake representative on the other line and he says he didnt initiate the buy back but Westlake after I called and told them he took the car decided to cancel the loan. The Westlake representative said no it was him and that would be who would have to get my loan reinstated. I let her go and continue to speak with XXXX He said it he would contact his Westlake representative and give me a call the next day. The next day XXXX said he wasnt able to get anywhere with everything and would try again the next day. I ask XXXX  was there anyway while waiting for this all to be figured out if we could get our belongings out of the car because there where some important things in the vehicle that I really needed to get out of it. He said he would make arrangements. During this period there was a ice storm in TN so we went through the Holiday with XXXX gifts and personal belongings in the vehicle. I contacted XXXX  again on it around XX/XX/XXXX attempting to get an update of what was going on with the car and if nothing else to let us get our belongings out as he said he would. He advised me on XX/XX/XXXX and said his wife was in TN and wanted to meet me to pick up the key to the vehicle as well as the title. I told him that would be fine. He said she would come get the key then bring the vehicle to me to get my belongings out. On the morning of XX/XX/XXXX his wife arrived and picked up the key & title. She also ask about the other paper work that was sent with the title. I wasnt home when she picked the items up however advised that the only thing I was releasing was the title & key because I needed all other paper work for legal purposes for myself. Later that afternoon around XXXX I contacted XXXX via text and ask when she would be by with the vehicle. He responded and said she went to the vehicle and was going to get the items herself but it was quite a bit of stuff so she would meet me later that day. I waited around the entire day XXXX never reached back out. The following day I reached back out via and he advised me that his wife returned to XXXX XXXX the day before. Which was the same day they had me waiting thinking she was bringing the car so we could retrieve our belongings. I said this to him and his reply was it was to much for her she was overwhelmed and had did everything she could. He said he would get with the people at the location where the vehicle was being held and make arrangements the next week after the XXXX for us to get our belongings. And he once again said he needed some additional paperwork that I had on the car. I at this point advised XXXX that i have did everything throughout this entire process that hes asked, and that it seems his only intention is to get everything he needs to resell the vehicle and not concerned with me retrieving my belongings or working on fixing the reinstatement issue with Westlake and that Im contacting the police and an attorney

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