Consumer complaint received 2024-09-10
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Loan sold or transferred to another company
Company: Westlake Services, LLC (GA)

Dispute of Credit Report Inaccuracies and Breach of Service Contract To Whom It May Concern, I am writing to formally dispute inaccuracies in my credit report and seek remediation for violations of consumer protection laws. The inaccuracies pertain to the reporting of Westlake Portfolio Management and Westlake Financial Services on my credit report. According to my records and understanding, only Westlake Portfolio Management should be listed, and I am requesting that any mention of Westlake Financial Services be removed from my credit report. 

Inaccuracies on Credit Report The presence of both Westlake Portfolio Management and Westlake Financial Services on my credit report is incorrect. As per the Fair Credit Reporting Act ( FCRA ), specifically under 15 U.S.C. 1681i, I am entitled to have accurate information reported on my credit file. The presence of Westlake Financial Services, when only Westlake Portfolio Management should be listed, constitutes a reporting error. 

Contractual Breach and Right to Rescind Additionally, my service contract with US Auto Sale contains provisions that grant me the right to rescind the contract if certain conditions are not met. According to the Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq., and its implementing Regulation Z ( 12 C.F.R. 226 ), I am entitled to rescind the contract if the financial institution fails to comply with disclosure requirements. My contract was intended to be assigned to a financial institution, but this has not been properly executed, thus violating my rights under the contract and TILA. 

Partial Disclosure of Contract Westlake Financial Services has provided only a partial copy of my original contract and has failed to furnish the complete contract as requested multiple times. This partial disclosure is a violation of my rights under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ), which mandate accurate and complete information. Furthermore, under 15 U.S.C. 1692g, I am entitled to obtain a complete and accurate record of my debt, which Westlake Financial Services has not provided. 

Conflicting Information Regarding Financial Institution Status During a telephone conversation on [ Date ], at XXXXXXXX XXXX  XXXX XXXX, an agent from Westlake Financial Services informed me that they are not a financial institution. However, another agent later claimed that they are, but subsequently retracted this statement, asserting that they merely service the account. The term " financial institution '' is defined as an entity that engages in financial activities, including the provision of credit or loans, as per the definition in 12 U.S.C. 1813. 

Given these discrepancies and violations, I request the following actions : Immediate Removal : Remove any and all references to Westlake Financial Services from my credit report. 
Contract Rescission : Acknowledge my right to rescind the contract with US Auto Sale and provide confirmation of the rescission. 
Complete Contract Provision : Provide a full and accurate copy of my original contract. 
Clarification of Status : Clarify whether Westlake Financial Services is a financial institution and provide documentation supporting this claim. 
Please address these issues promptly. I expect a response within the timeframe specified by relevant consumer protection laws, and I am prepared to escalate this matter if necessary. Thank you for your attention to these important issues. 

Sincerely, XXXX XXXX