Consumer complaint received 2024-01-09
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Westlake Services, LLC (CA)

Acct XXXX XXXX Westlake Services , LLC d/b/a Westlake Financial ( Westlake ) is engaged in a number of Unfair and Deceptive practices, repeatedly violating 15 USC 45 ( a ) ( 1 ), as well as Truth in Lending Violations and other consumer protection law violations. 

According to 16 CFR 433.2, it is an unfair and deceptive practice to take a consumer credit contract which doesn't contain the required notice prescribed by the aforementioned code. In addition, According to the " Staff Guidelines on Trade Regulation Rule Concerning Preservation of Consumers Claims and Defenses '', The requirement that a contract contain the Notice is not satisfied if the text of the Notice is printed in the contract in conjunction with additional recitals which limit or restrict its application. Where the text of the Notice is qualified by additional language, the contract fails to contain the required Notice. Such is the case with my current consumer credit contract which contains " additional recitals '' in conjunction with the required notice, and therefore the contract doesn't contain the required notice.

The contract in question was transferred to Westlake initially but was also immediately transferred to XXXX XXXX ( indenture trustee ) in a securitization transaction through the Westlake XXXX XXXX XXXX without my knowledge and without notice. I learned about this at a later date. During this transaction, Westlake has received consideration and ultimately transferred all their rights away. According to UCC 3-203 TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER, Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor [ Respondent ] to enforce the instrument, including any right as a holder in due course. 

Westlake is still reporting to the credit bureaus and has a lien on my car title, despite them already transferring the contract and receiving consideration. 

The contract says I'm entitled to a completely filled in copy of the contract, however there are many blank spaces on the contract. 

The contract says that I was given a loan, but I was never given a loan as that term is defined under 16 CFR 433.1 ( d ). This is false and fictitious conveyance of language and deceptive because the nature of a transaction affects a consumers rights and remedies. 

I sent a cease and desist a long time ago and it took months for Westlake to acknolwedge it. Not only that, Westlake continues to report to the consumer reporting agencies, which is a blatant violation of 15 USC 1692c ( c ) which means they must stop all communication. Under the FDCPA, the term communication is defined as " the conveying of information regarding a debt directly or indirectly to any person through any medium ''. This includes consumer reporting, which they continue to do. 

Furthermore, Under the FCRA [ 12 cfr 1022.41 ], the term Accuracy means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer correctly : Reflects the terms of and liability for the account or other relationship. Since Westlake allready transferred the contract to the trust, and subsequently all their rights, title and interest as mentioned in their SEC filings, why are they stil reporting themselves as creditor of an Auto Loan that I did not receive? 

Please help as I've suffered a number of injuries, both financial and emotional at the hands of Westlake. They must be stopped.