Consumer complaint received 2024-09-18 00:00:00
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Westlake Services, LLC
State: GA

Complaint narrative:
I am writing to file a formal complaint against Westlake Portfolio Management, also known as Westlake Financial, concerning multiple violations of my consumer rights related to an auto loan I had with U.S. Auto Finance Incorporated. This complaint involves severe breaches of both federal and state consumer protection laws, including the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ).

**Background : ** 1. **Auto Loan and Bankruptcy Issues : ** - I purchased my vehicle in XXXX under a loan with U.S. Auto Finance Incorporated . However, U.S. Auto Finance Inc. subsequently filed for bankruptcy and had all its debt discharged. Despite this, Westlake Portfolio Management, who claims to be servicing the loan, has illegally repossessed my car. U.S. Auto sales illegally made many material misrepresentations in my vehicle finance contract including but not limited to forcing me to purchase a fake service contract from them for car maintenance that never existed and other junk fees. Every time I attempted to use the nonexistent service contract for the ongoing mechanical issues I was informed No such service Contract existed in my name or for my vehicle the service agent informed me he doesnt know why they keep telling people that they have a service contract. I believe I have a recording of that phone call, and now Westlake Portfolio Management is illegally harassing me to collect on a debt I never engaged them in, never owed them, never contracted with them in, violating federal law trying to collect on a debt already discharged as a part of a Federal Bankruptcy action.

2. **Violation of FTC Findings : ** - U.S. Auto Finance Inc. was found in violation by the Federal Trade Commission ( FTC ) and was barred from selling automobiles as of XXXX. U.S. Auto Sales, however, continued to operate, violating the imposed restrictions and engaging in questionable financial transactions. They then utilized Westlake Portfolio Management to illegally violate the law by Stealing/Repossessing my XXXX XXXX XXXX XXXX XXXX. **Illegitimate Transfer and Unauthorized Debt Collection : ** - Westlake Portfolio Management acquired my loan file from U.S. Auto Finance Inc. without my express written consent, which is a violation of the FCRA . They are now unlawfully attempting to collect a debt amounting to {$17000.00}, which is inaccurate and was discharged in bankruptcy. Despite my requests for the original contract, Westlake has ignored me and continued harassment.

4. **Consumer Rights Violations : ** - Westlake Portfolio Management 's actions include illegal double dipping by trying to collect a discharged debt, thus violating consumer protection laws. They have also failed to cease contact despite my explicit request, constituting harassment.

**Legal Basis : ** - **Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) : ** Westlake Portfolio Managements actions constitute a failure to follow proper procedures related to the transfer of credit information and debt collection.

- **Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ) : ** Their attempts to collect a debt that is not owed, and their harassment, are in violation of this act.

- **Federal Trade Commission Act ( 15 U.S.C . 41 et seq. ) : ** Westlake Portfolio Managements continued operation despite previous violations and FTC sanctions indicates non-compliance with federal regulations.

-**Federal Truth in Lending Act, ( 15 U.S.C. 1601, et sew. ( TILA ) ) : ** Provides transparency and protection to consumers during the lending process when dealing with lenders and creditors by requiring them to provide full disclosure of credit terms and the true cost of credit to their customers which they failed to do including informing me they knowingly had lost the right to engage in financial transactions and auto sales and were subject to bankruptcy proceedings and business dissolution proceedings at the time of the contract rendering myself and all customers of fulfilling the terms of the contract among other things and willfully defrauding consumers and the bank. 

**Relief Sought : ** XXXX. Immediate removal of all negative information related to U.S. Auto Finance Inc. and Westlake Portfolio Management from my credit report and any related databases.

2. Cease and desist from all further contact regarding this matter.

3. Cancellation of the fraudulent debt claim.

4. Compensation of {$35000.00} in U.S. certified funds payable to cash in 14 days from date of complaint filing, for the loss of my vehicle, down payment, payments made, and associated pain, suffering, and inconvenience. 

Please find attached any supporting documentation related to this complaint, including correspondence with Westlake Portfolio Management and records of the vehicle purchase. 

I request that the CFPB investigate this matter thoroughly and take appropriate action against Westlake Portfolio Management to ensure compliance with consumer protection laws. 

Thank you for your attention to this urgent matter. I look forward to your prompt response.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation