Consumer complaint received 2018-06-30
Company: Servis One, Inc., Titusville, PA Branch
State: CO
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
After recalculating my monthly payment due to changes in property taxes, I went into my online account to change the recurring payment amount to the new amount. Desiring to make this change effective immediately, I indicated the " start date '' to be later that week on XX/XX/XXXX. I had already paid my mortgage on XX/XX/XXXX, and my next payment was due on XX/XX/XXXX. The only text associated with the " start date '' is as follows : " Note : The recurring draft start date can be no sooner than 2 business days from todays date. The date requested must be within your grace period as defined in your Note to avoid any late fees.Information and materials contained in this website re subject to change without notice. You should review these Terms and Conditions periodically to ascertain any changes made. '' To me, this would imply that the mortgage would be drafted on the usual payment date, and the start date is the date in which I would desire the changes to take effect. However, XXXX attempted to withdraw an early mortgage payment on XX/XX/XXXX. Upon discovering that, I called XXXX to cancel the payment, to which they indicated that they could not do that. I subsequently called my bank to advise them not to make the payment as it was too early. The bank did not make the payment, but then XXXX charged me {$20.00} for a this failed ACH payment. 

I sent them a note requesting to reverse this fee on XX/XX/XXXX, but have not heard a response at this point. As noted below, I would like a refund of the {$20.00} fee that was charged, and for XXXX to fix issues with the language on their website. Below are a list of issues, which you can see in the attached documents : 1. Terms and Conditions for recurring payments are in two different pages. The first set appear under the " start date '' section on the website, and presumably these are the ones that we are agreeing to. However, there is another set of terms and conditions on the side panel. It is not clear as to which set we are agreeing to, but when you select print to review the terms and conditions, only the information in the box at the bottom of the page will print out. 
2. At the bottom of the page, where the consumer attests to agreeing to the terms and conditions, the page explicitly states that we are agreeing to the terms and conditions for a " One-time electronic funds transfer ''. We are only given the recurring payment terms and conditions to review, not the one-time EFT terms and conditions, so it is unclear as to which set of rules we are agreeing to. 

Therefore, because of the inconsistencies in the language, the multiple locations for terms and conditions, and the unclear instructions, I was surprised to discover that they attempted to draft my account early and feel entitled to a {$20.00} refund plus requirements placed upon XXXX to fix their website language to be clear, consistent, and legal. Particularly as I have no choice when it comes to my mortgage service provider, I am relying upon the CFPB to settle this manner fairly on my behalf.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation