Consumer complaint received 2024-01-23
Product: Vehicle loan or lease — Loan
Issue: Repossession — Account reinstatement or redemption after repossession
Company: Westlake Services, LLC (NY)

My family has recently experienced a financial hardship which resulted in late/no payments being made on my loan & a repossession. 

This started when - The lot I originally I worked with to obtain/purchase the vehicle had told me not to make payments - ( up til that point I made every payment on time over the phone with a representative ) they ( the car lot reps ) were supposed to be helping to lower my original payments. After a few months I realized, that was ill advised information they provided me. I spoke with the Financier Westlake Financial to make the payment necessary to get the vehicle back. I was unable to work for a bit but I had put the money I did have aside to pay them I just did not have the exact amounts due & had been told that they ( Westlake Financial ) did not accept partial payments of any kind - it was either the exact amount or nothing. 

I did pay the amount that was was required to restore my loan. As advised in XX/XX/XXXX at that time I was given 2 options by an Agent whom I was told was the only one who could assist me a XXXX XXXX. He advised that I could pay the loan off with 5 payments of XXXX that would have my vehicle paid off by XX/XX/XXXX or continue with the initial payments of XXXX ( plus a XXXX fee to pay over the phone ) that I had been making. I did decide that I would take option 2 and continue with the initial payment schedule I had initially. He that would be fine and that when it was time to make the next payment to be sure to let the representative know, that was the option I was choosing. 

I was NEVER advised that I could not keep the prior arranged amount nor was I provided an updated payment amount or schedule ( payment dates ) absolutely nothing written or verbal changing anything to state that I could NOT keep the payment amount of XXXX. 

With this in mind XX/XX/XXXX I spoke with a representative to make my first payment after the repossession and that was the initial payment amount of XXXX ( with a XXXX fee for paying over the phone ) and an additional XXXX toward the principal. XXXX XXXX told me that was an option previously and that all I had to do was make sure I let the rep who took my payment know that was what I was going with. I had confirmed this with him in our last conversation. 

I received conformation of my payment on XX/XX/XXXX. No mention of a partial payment or that a different amount was due by the rep that assisted me. I got no call that the payment amount was wrong, too small, past due, incorrect or that the loan was in default again due to non payment. No notice or call stating that the vehicle would be repossessed again. The truck was taken and when I contacted Westlake they claim they called & stated that they do not leave messages. I have no missed calls from them. They advised that the information I stated from XXXX XXXX was not documented but did admit that it should have been. Now XXXX XXXX is unavailable- no supervisor is available to review the calls that I made and the information discussed. I still have no written information about the loan any changes or the repossession. I figured it out on my own when I called the local police department for assistance in locating my vehicle. 

The representatives are rude and short when speaking to me as if I don't know what I am saying. The payment I made should have been fine and allowed my loan to remain current - if the payment was too small why didn't anyone tell me. If its true that the amount was different why didn't the rep review that and request the full amount since partial payments are not accepted. Why didn't the reps I spoke with document the calls correctly. Why haven't I received any messages or written correspondence regarding my loan and any changes there in. - Also on every call I am told that the call is recorded but that seems not to be true. I live in XXXX the fdcpa still applies and if my loan is in default they don't use any statements that imply that they are indeed collecting a debt. 

This seems intentional in the respect that it did not have to happen. I already made a mistake and owned up to it, Paid the money and to keep my vehicle made the arrangements to pay and they took it with no warning or reason. I need my vehicle to work and provide for my family and this has been an awful experience.