Consumer complaint received 2023-04-02
Company: Westlake Services, LLC
State: NY
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Dear WESTLAKE FINANCIAL SERVICES I am writing to request that you immediately cease and desist all communications with me regarding the alleged debt for account number .., which you have claimed that I owe. 

Your attempts to collect this alleged debt violate several provisions of federal law, including the Truth in Lending Act ( TILA ) and the Fair Debt Collection Practices Act ( FDCPA ). Specifically, your communications with me have included cash or credit consumer violations and obligation violations, which are in violation of TILA and FDCPA. I believe that your actions have caused me significant harm, including emotional distress and XXXX, and I am now seeking to enforce my legal rights in this matter. 

Pursuant to the TILA, 15 U.S.C. 1601 et seq., you are required to provide me with clear and accurate information about my account, including the amount of the alleged debt, the interest rate, and any fees or charges that have been added. However, your communications have failed to provide me with this information, and instead, you have attempted to coerce me into making payments without giving me the opportunity to verify the accuracy of the alleged debt. 
Additionally, your actions have violated the FDCPA, 15 U.S.C. 1692 et seq., which prohibits debt collectors from engaging in abusive, deceptive, or unfair practices when attempting to collect a debt. Your communications with me have included harassment, misrepresentation, and other illegal tactics, which are in violation of this law. Under the FDCPA, debt collectors are prohibited from engaging in certain types of conduct when attempting to collect a debt, including using false, deceptive, or misleading statements, harassing or abusing consumers, and communicating with third parties about the debt. In a consumer transaction, the options are cash or credit, not both in pursuant to federal law and WESTLAKE financial received both which is a violation. Debt collectors are also required to provide certain disclosures to consumers, such as the amount of the debt, the name of the original creditor, and the consumer 's right to dispute the debt. 

Furthermore, Congress also finds that the economic stabilization will be enhanced with the informed use of the extension of consumer credit to consumers pursuant to 15 U.S. Code 1601 ( a ) of the Truth in Lending Act. Pursuant to 15 U.S. Code 1692c ( c ), I dispute the alleged debt and refuse to pay the alleged debt. I demand reimbursement with twice the amount of any finance charge in connection with the transaction and with actual damages according civil liability U.S. Code 1640. I demand that you cease all further communications through any mediums, unless is pertains to the validation of the alleged debt. Pursuant to U.S. Code 1692c ( C ) ( 2 ), Unless communication is to further this investigation or to relay information on the dispute do not contact me for any reasons other than the ones listed. I am invoking my specified remedy as the original creditor and demand the following, 1. Send the Audit Trail pursuant to 5 U.S. Code 552a ( d ) including all documents, including but not limited to, signed credit applications, assignments, purchase of debt, ledger of the account, Forward Flow Agreement, and anything else relating to the Consumer for review and validation. 
- [ ] 2. Validation of the Debt ( actual accounting ) - [ ] 3. Verification of your claim ( signed, wet ink, invoice ) - [ ] 4. A copy of the contract binding both parties, Including XXXX XXXX , The living man, WESTLAKE FINANCIAL SERVICE , the legal fiction. 
- [ ] 5. If you intend to set up or plead or have set up or pleaded negligence or any other separate defense, or if you have or intend to set up a counterclaim, cross-claim, or third-party action, ( a ) state the facts upon which you intend to predicate such defenses, counterclaim, cross-claim, or third-party action; and ( b ) identify a copy of every document relating to such facts. 

- [ ] 6. State the names and addresses of all eyewitnesses with any knowledge of anything that is alleged in the complaint, or any affirmative defense set forth that the identity of that person and the extent of the knowledge - [ ] 7. If any photographs, videotapes, audio tapes or other forms of electronic recording, sketches, reproductions, charts, or maps were made with respect to anything that is relevant to the subject matter of the complaint, describe : ( a ) the number of each. ( b ) what each shows or contains ; ( c ) the date taken or made ; ( d ) the names and addresses of the persons who made them ; ( e ) in whose possession they are at present; and ( f ) if in your possession, attach a copy, or if not subject to convenient copying, state the location where inspection and copying may take place - [ ] 8. With respect to all expert witnesses, and with respect to any person who has conducted an examination pursuant to Rule 4:19, state each such witness 's name, address and area of expertise and attach a true copy of all written reports provided to you - [ ] 9. Pursuant to R. 4:10-2 ( b ), state whether there are any insurance agreements including excess policies under which any person or firm carrying on an insurance business may be liable to satisfy part or all of a judgment that may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment. 
YES ( ____ ) or NO ( ____ ). 

- [ ] 10. If you intend to rely on any statute, rule, regulation or ordinance, state the exact title and section. 
- [ ] 11. Pursuant to R. 4:10-2 ( b ), state whether there are any insurance agreements including excess policies under which any person or firm carrying on an insurance business may be liable to satisfy part or all of a judgment that may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment. YES ( ____ ) or NO ( ____ ). 
If the answer is " yes '', attach a copy of each insurance agreement or policy, or in the alternative state : ( a ) number ; ( b ) name and address of insurer or issuer ; ( c ) inception and expiration dates ; ( d ) names and addresses of all persons insured thereunder ; ( e ) personal injury limits ; ( f ) property damage limits ; ( g ) medical payment limits ; ( h ) name and address of person who has custody. 

- [ ] 12. possession thereof; and ( i ) where and when each policy or agreement can be inspected and copied. 
- [ ] 13. Identify all documents that may relate to this action, and attach copies of each such

document, including but not limited to the service history and the deal or transaction jacket.

- [ ] 14. State whether you have ever been convicted of a crime. YES ( ____ ) or NO ( ____ ). 
- [ ] If the answer is " yes '', state : ( a ) date ; ( b ) place ; and ( c ) nature. 
- [ ] 15. As to each paragraph in your answer that you have denied or answered with anything other than an unqualified admit, set forth in complete detail all facts which you allege support the failure to admit. 
- [ ] 16. List each dealership employee who participated in the consumers transaction in any way. Include their name and their role in the consumer transaction. 
- [ ] 17. List each dealership employee who had any communication with the consumer in any way at any time. Specifically list each conversation any creditor employee had with the consumer. Do not states see attached documents as this does not answer this question? 
- [ ] 18. State ( a ) the name and address of any person who had any verbal or nonverbal communication with the plaintiff at any time; ( b ) whether it was oral or in writing ; ( c ) the date ; ( d ) the name and address of the person ; ( e ) the name and address of each person present when the communication occurred ; and ( f ) the name and address of each person who has knowledge of the communication. 
- [ ] Unless subject to a claim of privilege, which must be specified : ( g ) attach a copy of the statement, if it is in writing ; ( h ) if the statement was oral, state whether a recording was made and, if so, set forth the nature of the recording and the name and address of the person who has custody of it; and ( i ) if the statement was oral and no recording was made, provide a detailed summary of its contents. 
- [ ] 19. If you have not spoken to anyone or referred to any documents, please set forth reasons why you have failed to do so. 
- [ ] 20. What was the date which this creditor acquired the subject vehicle? 
- [ ] 21. Did this creditor have of access to the XXXX, Auto Check ( or any vehicle history ) at the time of the transaction with the creditor? If so, Did the consumer ever access a XXXX either before during or after the transaction with the creditor if so, what information is contained in the XXXX. Please attach all reports. Please attach agreement with XXXX, Auto Check. 
- [ ] 22. Regarding the vehicle which was sold to the creditor please list the following : - [ ] ( a ) From whom was the vehicle purchased? Include, name, address, and telephone number. 
- [ ] ( b ) For how much was the vehicle purchased by this creditor? 
- [ ] ( c ) Nature of the transaction for example was it financed or was it a cash deal? 
- [ ] ( d ) Please attach all the documentation pertaining to the acquisition of the subject vehicle. Attach the deal and/or transaction file - [ ] ( e ) List all representations to the consumer received from the seller of the vehicle upon acquisition. 
- [ ] ( f ) What was the odometer reading when the vehicle was acquired by the creditor? 
- [ ] ( i ) If an appraisal of this vehicle was ever performed please attached the result and describe the process including listing all sources of information used to get the value - [ ] 26. During these creditors term of ownership, please list all mechanical work or bodywork, which was done to the vehicle. Please set forth the following : - [ ] ( a ) Reasons for work? 
- [ ] ( b ) Exact date which work was done. 
- [ ] ( c ) Who performed the work? 
- [ ] ( d ) What amount of money was paid to the individual, if any, who performed the work? 
- [ ] ( e ) Reason for work being performed. 
- [ ] ( f ) Who performed the work and list last known address? 
- [ ] 23. During the term of this creditors ownership or possession please list all repair facility, garage or individual who inspected, performed any alterations, or performed any mechanical or body work on the vehicle. 
- [ ] 24. Who shipped this vehicle to this creditor, time, place and drop off date and attach any bill of lading or any other document received by this creditor when the car was received? 
- [ ] 25. During the creditor term of ownership or possession please list all official State Inspections or any other inspections for any reason which was done on the subject vehicle. Please set forth the following : - [ ] ( a ) Date of the inspection. 
- [ ] ( b ) Place of inspection. 
- [ ] ( c ) Reason for inspection. 
- [ ] ( d ) Result of inspection. 
- [ ] ( e ) List each part of the car inspected any why. 
- [ ] ( f ) Please attach any paperwork and/or documentation confirming that the vehicle was inspected. 
- [ ] 30. Did this creditor advertise the subject vehicle on the internet in any newspaper and/or publication? If so, please set forth the following : - [ ] ( a ) Date advertised. 
- [ ] ( b ) Advertised price. 
- [ ] ( c ) Exact content of advertisement. 
- [ ] ( d ) Reason for running advertisement. 
- [ ] ( e ) Name and address of media running advertisement. ( f ) Any changes to the advertised price- [ ] ( g ) Attach the advertisement and changes. 
27. Actual damages and reimbursement amount equal to the sum of all finance charges and fees paid by the consumer pursuant to 15 U.S. Code 1640. 
28. Zero out the balance and delete all accounts held by Debt Collector from all consumer reporting agencies ; and Remove all remarks and comments from all consumer report. 

As a reminder, a Lawful binding contract must meet four essential conditions : - [ ] FULL disclosure - [ ] EQUAL consideration - [ ] LAWFUL terms and conditions - [ ] WET INK signatures of BOTH parties I demand that you immediately cease all communications with me, including phone calls, letters, emails, and any other forms of communication. Pursuant to 18 U.S.C. 8, I am hereby invoking my right to be free from debt bondage and any attempts to collect on this alleged debt. 

I remind you ; this is a notice pursuant to the Fair Debt Collection Practices Act ( FDCPA ). Failure to honor the demands and provide the requested documentation for proper validation of the alleged within 14 days of receipt of this notice, you will be held civilly and criminally liable under 15 U.S. Code 1611 and 15 U.S. Code 1692k and I demand my resolution attended to. 

If you continue to attempt to collect this alleged debt or communicate with me in any way, I will take all necessary legal action to protect my rights, including filing a complaint with the Consumer Financial Protection Bureau, the Federal Trade Commission, and any other relevant agencies. I am also prepared to pursue a private cause of action against you, including seeking damages for any harm that you have caused me. 
Please be advised that a copy of this letter will be retained for my records, and that any future communication from you will be considered evidence of your willful violation of federal law. 

Signed In Good Faith XXXX XXXX/Consumer

Company response to consumer: Closed with explanation