Consumer complaint received 2024-11-02
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Avant Holding Company, Inc. (FL)

I took a loan from Avant and they misreported a 30 day late payment when it was not. 
I filed a complaint and in there answer they LIED. 
The answer to my complaint is UNTRUE therefore unresolved. 
XXXX XXXX XXXX Complaint, Complaint ID No. XXXX. 
In complaining against AVANT, the following : XX/XX/XXXX Consumer Financial Protection Bureau Re : XXXX XXXX Consumer Complaint, Complaint ID No. XXXX To Whom It XXXX Concern : STATEMENT OF FACTS REGARDING LOAN AND THE UNTRUTHFUL RESPONSE BY AVANT TO COMPLAINT.Complaint ID No. XXXX On XX/XX/XXXX, XXXX answer to Complaint states that the XXXX payment was missed. This is not true, since on XX/XX/XXXX, I authorized Avant using the Schedule Payoff Payment Process, to be paid ACH on XX/XX/XXXX. Thus, the agreement with Avant for payment was rescheduled and agreed upon. As stated in all Avants documentation for rescheduling payments in writing, it includes a clause that states that payment scheduling is authorized and consequently modifies the terms of the note regarding due dates. ( See Exhibit 1 ) The loan since it was taken on XX/XX/XXXX payable in XXXX installments pursuant to the note and agreement it was always performed under the terms of the agreement and if there was a rescheduling and modification of payment as it took place in XXXX, XXXX, XXXX and the final payoff XX/XX/XXXX, it was always done with XXXX consent and writing agreement, and in doing so, they modified the terms of the agreement regarding due dates for payment as they extended and rescheduled the payments. 
The statement made by Avant in excusing their treachery, that of informing the credit bureau on XXXX XXXX, XXXX, of a 30 day late payment it is simply untrue. Like stated in all the documents I am providing herein regarding Avants response, the loan agreement it was always complied by me in accordance with Avants policies for rescheduling and modifying payments. It was done always with their consent, written agreement and reliance thereof. 

The answer from Avant is untrue regarding a missed payment and it was done at the end of the loan term after they were paid in full, an intentional tort a purposeful act to cause me, economic harm. 
Avant lied on the answer to CFPB dated XX/XX/XXXX, they lied justifying there wrongful act intended to misinforming the credit bureau of a 30 day late payment on XX/XX/XXXX, when they had agreed to reschedule and modify the payoff date and the XXXX payment date as it clearly appears on their written agreements to extend payment and or reschedule payment. 
They wrongfully and intentionally misinformed the credit bureau of a 30 day late payment, having agreed in writing to reschedule and modify the payment schedules. 

CHRONOLOGY OF PAYMENTS FROM XX/XX/XXXX UNTIL PAYOFF. 

XXXX XXXX XXXX XXXX. So, regarding the XXXX payment rescheduled to be paid on the XXXX of XXXX, the following : On XX/XX/XXXX I was noticed unsuccessful ACH payment and assessed a $ XXXX ( Exhibit 2 ) On XX/XX/XXXX I scheduled a payment for the unsuccessful payment by authorizing a new XXXX payment on XX/XX/XXXX. ( Exhibit 3 ). Paid XXXX XXXX Note that extension agreement and authorization for payments dated XX/XX/XXXX and XX/XX/XXXX, included the following note : Please note that, except to the extent modified by this authorization, all other terms and conditions of your Loan Agreement remain in full force and effect. 


XXXX XXXX XXXX XXXX. On XX/XX/XXXX I rescheduled payment due XX/XX/XXXX for the XXXX of XX/XX/XXXX. ( Exhibit 4 ) The XXXX payment due on the XXXX of XXXX it was paid by extended request agreement on the XXXX of XXXX and within the 10 day grace period loan agreement called for. 

Note that extension agreement and authorization for payment dated XX/XX/XXXX, included the following note : Please note that, except to the extent modified by this authorization, all other terms and conditions of your Loan Agreement remain in full force and effect. 



XXXX XXXX XXXX XXXX. To the XXXX payment due on the XXXX of XXXX, this was paid according to payment scheduled agreement on the XXXX of XXXX. The extended agreement is hereby attached as exhibit and it was requested and granted before XX/XX/XXXX and extended till XX/XX/XXXX. ( Exhibit 5 ) That on XX/XX/XXXX I authorized payment through XXXX dashboard and confirmed by Avant, in the amount of {$290.00} a onetime electronic transaction to be paid on XX/XX/XXXX. This was for the XXXX payment. ( Exhibit 6 ) Note that all extension agreement and authorization for payment dated XX/XX/XXXX, included the following note : Please note that, except to the extent modified by this authorization, all other terms and conditions of your Loan Agreement remain in full force and effect. 



REQUEST FOR PAYOFF XX/XX/XXXX XXXX. The loan was due on the XXXX of XX/XX/XXXX. 

XXXX. On XX/XX/XXXX, Avant sent me a note extending my date for payoff. ( Exhibit 7 ) 6. On XX/XX/XXXX, Avant sent notice of Incomplete Payoff Quote in the amount of {$720.00}. 

XXXX. On XX/XX/XXXX, Avant extended the payoff date to XX/XX/XXXX, in the amount of {$320.00}. 

XXXX. On XX/XX/XXXX, Avant again extended the payoff date to XX/XX/XXXX, in the amount of {$320.00}. ( Exhibit 8 ). 

XXXX. On XX/XX/XXXX, Avant rescheduled the payoff date to XX/XX/XXXX in the amount of {$320.00}. Exhibit 10. On XX/XX/XXXX I contacted by phone Avant confused by the series of errors and mistakes in establishing the amount for payoff. 

XXXX. On XX/XX/XXXX AVANT pursuant to my request sent me a loan payment breakdown. Transaction Summary and History & Original Installment Schedule, dated XX/XX/XXXX. Summary that shows XXXX XXXX missed payment which was paid on XX/XX/XXXX, and the XXXX, XXXX and XXXX payment show payment success and no missed payment for XXXX as it was reported Avant in the answer to the complaint. All payments made by mutual agreement and consent, all made successfully including the payoff amount which was scheduled for XX/XX/XXXX. 

XXXX. On XX/XX/XXXX, Avant sent me a follow up letter apologizing for the inaccurate amounts for payoff and other mishaps. See letter dated XX/XX/XXXX, that in part states the following : Avant XXXX XX/XX/XXXX, XXXX DearXXXX You have recently been in contact with Avant regarding your account. We certainly understand your frustration. At Avant, we pride ourselves on providing excellent customer service to all of our customers. We have taken the necessary steps to ensure this situation does not occur in the future. We sincerely apologize for any inconvenience you may have experienced. 
Please note that on XX/XX/XXXX, we sent an email to you titled " Your Payment Schedule Has been Extended '' stating that We're writing to let you know that your loan has matured with an outstanding balance and your payment schedule has been extended. 

XXXX. On XX/XX/XXXX, Avant sends me an Incomplete Payoff Quote showing a {$460.00} payoff quote that was again inaccurate. So far from XX/XX/XXXX, to XX/XX/XXXX I received a total of XXXX different payoff amounts {$720.00}, XXXX, {$320.00} and {$460.00} none of which were accurate. 

XXXX. On XX/XX/XXXX I Scheduled Payoff Payment. And cancellation by Avant of XXXX scheduled payments. ( Exhibit XXXX ). 

XXXX. On XX/XX/XXXX, the loan was paid in full. Avant sent contract stamped PAID IN FULL XX/XX/XXXX. Exhibit XXXX. 

XXXX. On XX/XX/XXXX, received note from Avant showing payment in full of my loan. ( Exhibit XXXX ). 

SUMMARY The loan since it was taken on XX/XX/XXXX payable in XXXX installments pursuant to the note and agreement it was always performed under the terms of the agreement and if there was a rescheduling and modification of payment as it took place in XXXX, XXXX, XXXX and the final payoff XX/XX/XXXX, it was always done timely and with Avants consent and writing agreement.

I relied on Avants good faith and compliance with their agreement to reschedule and modify payment dates and in the life of the loan I was never notified of a 30 day delay and or noncompliance with the terms of the loan and subsequent agreements for payment, NEVER. 
Therefore, the UNTRUE alleged missed payment that was in Avants answer to complaint second page paragraph XXXX was extended by agreement of Avant until XX/XX/XXXX, see Exhibit 6. 

XXXX XXXX