Consumer complaint received 2024-06-15
Product: Payday loan, title loan, personal loan, or advance loan — Payday loan
Issue: Money was taken from your bank account on the wrong day or for the wrong amount — 
Company: Fundo LLC (TX)

So I applied for a XXXX XXXX on XX/XX/XXXX. The application was for {$500.00}. They automatically took from that {$100.00} And said they would send me {$400.00}, but then charged me {$25.00} for a same-day processing/advance fee ( for me to receive the funds on the same day. I actually did not receive the funds on the same day, and they still took the fee and only sent me {$370.00}. I received the funds on XX/XX/XXXX. On their agreement, they call the same-day transaction fee the " Wire fee ''. You can pull and review my calls with them even as proof. The overall agreement outlined " Future Receipts Sold '' being {$1700.00} and " Total Cost of XXXX '' being {$1500.00}. 

I will admit the first payment was declined/returned twice because I was trying to leave a gym but they kept charging me while refusing to cancel my membership and made an unauthorized charge on an account which messed up the first payment. But I contacted them right away by phone and email and eventually got things on track and they took money regularly out of my account. The representative XXXX who I worked with was very understanding because I was crying. This company will be quick to threaten you and send you to their legal team and place a XXXX XXXXXXXX on everything you have. He even stated as long as I made up the payment on time there would be no extra fees. 

The first payment was made on XX/XX/XXXX. Payments were to be weekly amounts of {$63.00} every Friday and I kept up with the payments. The last one I made I will again admit that my fault that it was made late I accidentally didn't transfer the funds in time but I made up that payment immediately on XX/XX/XXXX. Originally scheduled for XX/XX/XXXX. 

Here is where the problems have begun, I attempted to settle with them because I wanted to be done with them. XXXX offered me on XX/XX/XXXX on the phone to settle for {$570.00}. I had made up till then all of my payments on time. So far XXXX payments of {$63.00} which totals {$760.00}, already more than twice the amount they actually advanced to me. I am not clear which was the overall amount that I was to pay back to them either, the receipts sold amount or the total cost of capital. Even with the receipts sold keeping my payments in mind I would only have owed them XXXX, and he was willing to settle {$570.00} but we were gon na follow up before Friday. 

I followed up on Friday and spoke to XXXX XXXX I believe, and she then stated that because I owed so many additional fees and for them to retain lawyers my balance was at {$4000.00} which doesn't make sense. She was somewhat rude and abrupt and there has not been a time where they had to get a lawyer or even send me to their legal department because I would always communicate with them immediately through email and phone when something would go wrong and would make up payments immediately. She was only willing to settle for {$1400.00}. This is squeezing me because I had already made {$760.00} in payments and the receipts sold after the payments I've made would be at remaining {$980.00}. But I agreed because again this company when I've dealt with them in the past quickly sent me to legal and threatened/told me they filed a XXXX XXXX on my account and they brought a lot of anxiety onto me. 

The initial down payment on the settlement agreement was supposed to be only {$300.00} but she " accidentally '' took out {$350.00}. Again, you can pull that call. She offered to reverse it but I went with it because the more I could pay the sooner. The payments would be {$100.00} biweekly beginning on XX/XX/XXXX. The first payment would be {$58.00} since she " accidentally '' XXXX more out of the down payment and then the amount would be {$100.00} or near that ballpark. 

Well, I requested a copy of the settlement agreement via email, and they refused to send it to me. Then, they took the {$58.00} out on XX/XX/XXXX ( today ) instead of the date we agreed upon ( XX/XX/XXXX ). And put my account in the negative because the money wasn't available in that account. Mind you, they already refused to send me a copy of our settlement agreement and now they made an unauthorized charge on my account and put it in the negative. XXXX XXXX said that they would reverse it once the payment went through, but because of these factors plus them being very quick to go back on their word and threatening to file XXXX XXXX  and seize assets, I am filing this complaint to protect myself. I don't trust them, especially after dealing with XXXX XXXX. XXXX was cool. But trying to settle and get this account resolved as soon as possible has already become a pain. I'm worried about them retaliating with a XXXX XXXXXXXX, but I don't deserve to be threatened and taken advantage of by others. 

I have attached proof of everything that I've stated. Emails, bank records of payments made, the original agreement, etc. They refusing to email me a formal copy of the settlement agreement, along with making an unauthorized transaction on my account, along charging me extra fees that don't sound right given that I've made payments and been consistently communicating and reaching out to them when something goes wrong, etc. all these things have lead me to file a formal complaint. Fair debt collection practices should still apply to even XXXX companies. I also would like protection that I will not retaliate against with a XXXX XXXX especially when I've been consistently making payments making it a point to have good communication with them. 

*Am only able to upload the first page of the original agreement ( before the settlement ) with the actually amounts specific. Their agreement is XXXX XXXX and impossible to compress ( XXXX pages long ) and the file limit to upload on here is XXXX XXXX