Consumer complaint received 2025-02-04 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Lender trying to repossess or disable the vehicle
Company: Westlake Services, LLC
State: AL

Complaint narrative:
I am filing a formal complaint against Westlake Financial Services due to their failure to honor their contractual obligations, improper repossession practices, refusal to engage in arbitration, predatory lending practices, and failure to provide required notices regarding my vehicle. Additionally, Westlake Financial is in violation of the FTC Holder Rule ( XXXX XXXX XXXXXXXX ) as the vehicle had significant mechanical issues that made it inoperable, yet they continued to demand full payment without resolution. 

Key Issues : 1. Failure to Address Mechanical Issues Violation of the FTC Holder Rule ( XXXX XXXX XXXX ) The FTC Holder Rule establishes that any claim or defense the consumer may have against the seller also applies to the creditor or holder of the loan.

I notified Westlake Financial multiple times about severe mechanical defects in my vehicle, which rendered it inoperable for over eight ( 8 ) months. 
Despite these repeated notifications, Westlake Financial failed to provide any assistance, remedy, or resolution, and continued to demand full payment. 
The vehicle was unable to be repaired despite multiple attempts, leaving me with a non-functioning vehicle while still being held to an unreasonable payment schedule. 
Since Westlake Financial is the holder of the contract, they are legally responsible under the FTC Holder Rule for the sellers failure to provide a functioning vehicle.

2. Failure to Honor Arbitration Agreement Breach of Contract My Retail Installment Sale Contract with Westlake Financial includes a binding arbitration clause, allowing either party to elect arbitration as the method of dispute resolution. 
I formally filed for arbitration with the XXXX XXXX XXXX XXXX XXXX ), paid the {$220.00} filing fee, and notified Westlake Financial of the pending arbitration case. 
Westlake Financial is now refusing to arbitrate, attempting to force the case into Small Claims Court despite their contractual obligation to resolve disputes through arbitration. 
This refusal to arbitrate constitutes a breach of contract and a bad faith effort to avoid accountability. 
Under the XXXX XXXX XXXX ( XXXX XXXX. XXXX ), arbitration agreements are legally binding and enforceable, and companies can not ignore them once elected. 

3. Improper Repossession & Failure to Provide Required Notices XXXX Financial repossessed my vehicle citing non-payment, despite being fully aware that the vehicle was inoperable and unable to be repaired. 
I have not received any correspondence regarding : My right to reclaim the vehicle The amount required to reinstate the loan or redeem the vehicle How to retrieve my personal property from the vehicle Under Uniform Commercial Code ( XXXX XXXXXXXX XXXX XXXXXXXX ) and applicable state law, lenders must provide proper notice before and after repossession, which Westlake Financial has failed to do. 
Failure to notify me about retrieving my personal property violates consumer protection laws and subjects them to potential liability. 

4. Unfair and Predatory Lending Practices Excessive Interest Rate Westlake Financial imposed an excessive and predatory interest rate of XXXX  %, making repayment financially impossible. 
The loans high interest rate, extended XXXX term, and the vehicles mechanical issues resulted in an unconscionable financial burden on me. 
This violates principles of fair lending and constitutes predatory lending, especially given that the vehicle could not be repaired despite multiple attempts. 

5. Negative Credit Reporting While Dispute is Ongoing FCRA & FDCPA Violations Westlake Financial continues to report negative information to Equifax, Experian, and TransUnion while this dispute remains unresolved and in arbitration. 
Under the Fair Credit Reporting Act ( FCRA ), XXXX XXXX. XXXX, creditors are required to accurately report information and update reporting if an account is in dispute. 
Under Fair Debt Collection Practices Act ( FDCPA ), XXXX XXXX. XXXX ( XXXX ), it is illegal to furnish false or misleading credit information, particularly when an account is subject to a pending dispute. 
Westlake Financials failure to cease negative reporting or at the very least note the dispute status violates consumer protection laws.

Company response to consumer: Closed with explanation