Consumer complaint received 2023-09-07
Product: Vehicle loan or lease — Lease
Issue: Managing the loan or lease — Loan sold or transferred to another company
Company: Westlake Services, LLC (SC)

I did a lease contract with American Car Center in XXXX of last year for a XXXX XXXX XXXX XXXX. All payments and services were upheld by me according to the contract. No missed payments, all oil changes and maintenance when due. On XXXX, ACC abruptly shut down and we were unable to make payments on the lease. I then received a text on XXXX message saying that effective immediately the servicing of my account was transferred from XXXX XXXX XXXX DBA American Car Center to Westlake Portfolio Management and to contact them at XXXX to make a payment or to discuss all matters related to my account. 

I contacted Westlake Portfolio that day and asked if anything regarding our contract changed. I was advised that nothing changes and everything remains the same. 

On XX/XX/XXXX, the car was involved in an accident and as a result the insurance company declared the vehicle a total loss. We called WPM to notify them of the accident and asked what happens once they've spoken with Travelers. I was advised that if the vehicle was a total loss the contract terms would still be honored. The rep mentioned GAP insurance although we were not inquiring about GAP insurance. 

The insurance company issued a check for the value of the vehicle totaling {$10000.00}. We called in to speak with the company about how many more payment we had to make. We were told there is not GAP insurance and we were responsible for over {$16000.00}. I then gave authorization for them to speak with my wife. Below is what followed : We then advised the representative that we were not calling about GAP insurance and that we were told no parts of our lease contract changed except the service warranty being cancelled. I then pointed out paragraph 25 of the contract which states : 25. TOTAL LOSS OR DESTRUCTION OF VEHICLE. If the Vehicle is stolen or declared to be a total loss, you are obligated to notify your insurance company and to coordinate with your insurance company to ensure payment by your insurance company to the Assignee on your claim. If you complied with all the provisions of the Lease, and the Vehicle is declared a total loss by your insurance company, you will owe us nothing more once we have received ( i ) all the insurance proceeds due under the insurance policy required under this Lease, ( ii ) the deductible under such insurance policy, ( iii ) all Payments due and owing ( excluding excess mileage and wear ), under this Lease and not paid up to the date when the Vehicle is declared a total loss. IF the Vehicle is a total loss and the requirements of this Section are not satisfied, you will owe the Assignee the early termination liability ( see below ). 

I was repeated told, that it is a common misconception that people think they are no longer liable for payments when the car is totaled. I explained that I have went through this before with this same contract on a differed vehicle and once my insurance company issued payment, I was only responsible for my {$500.00} deductible and the remaining lease was zeroed out. I was then advised that on difference calls that either WPM is just the servicer and does billing and payments or that that part doesn't matter I still have to satisfy the lease payments in full. 

I've maintained the car and made payments as expected. I've also maintained insurance coverage according to and exceeding the terms of my contract. 

I expect Westlake Portfolio to uphold the contract as signed since they've stated on multiple occasions that nothing with my LEASE contract has not changed. Multiple representatives have been able to pull up the contract and read paragraph 25 and say let me escalate this but once I speak with a supervisor it's either a case being opened, email being sent, or me being told I'm still liable. 

Reps XXXX- opened the case after seeing the contract paragraph on XXXX. We were told to call back on XXXX but we allowed an extra day because of the holiday. As of XXXX, there is no update on how to handle that part of the contract and we've spent over 2 hours on the phone trying to get an answer while being transferred back and forth, talked to like we don't know what we're reading, or being hung up on. 

XXXX Calls XXXX - had a supervisor looking into it and the call was disconnected after holding for a long time. 

XXXX attempted to get a supervisor and the call was disconnected. 

XXXX transferred me to insurance. 

XXXX - insurance department, tried explain GAP to me. I informed I was not calling about GAP and told him what the contract states. He said authorization like that was needed from Customer Service. I asked for to connect me with someone who get that authorization because I'm tired of being transferred back and forth. The call was disconnected during transfer. 

XXXX- told me that a supervisor already looked at the notes and that we're liable. I asked about the contract and status of the open case and she kept repeating we're still liable. I asked for a corporate contact or supervisor, she said she'd tried to get one, and after holding for over 15 minutes, she said she'd put in a request for a call back. 

I've asked for a corporate number to speak with someone and am being told they don't have it but can send an email. We are getting no where with the contract being honored as written after being told it remains the same.