Consumer complaint received 2026-04-15 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Account reinstatement or redemption after repossession
Company: Westlake Services, LLC
State: FL

Complaint narrative:
This Formal Demand Letter, updates and supplements all prior versions with admissions made by Westlake Financial Collections Agent XXXX XXXX on a recorded call on XX/XX/XXXX. These admissions materially strengthen every claim described herein and close several of the defense arguments previously identified. The company has documented and presented deceptive and abusive practices which directly resulted in the constructive default of this consumer, and is confirmed to be standard operating procedure ( SOP ) and practice for this lender violating multiple local, state and federal statutes. SUMMARY OF NEW ADMISSIONS AGENT XXXX XXXX XX/XX/XXXXXXXX The following facts were confirmed by Agent XXXX directly from Westlake 's own account records on a call recorded by both Westlake and Consumers : DOCUMENTED ADMISSIONS THREE RECORDED CALLS Call 1 Agent XXXX XXXX ( XXXX XXXX, XX/XX/XXXX, recorded on Westlake system ) : " Two blank documents and no contract information on file other than the credit application. '' Then : " Get an attorney to protect your rights. '' On-record admission of deficient account onboarding and acknowledgment of Consumers ' legal exposure. Admission against interest. Call XXXX Agent XXXX XXXX ( XXXX XXXX XXXXXX/XX/XXXXXXXX XXXX XXXXXXXX recording, File : XXXX ) : Confirmed {$2000.00} " still subject for approval. '' Confirmed only 1 of 2 required approvals obtained. Responded " It makes sense '' when XXXX XXXX described fee accrual during Westlake 's own delay as " extortion on some level. '' Did not dispute portal failure, billing failure, or payment rejection. Identified employer as " XXXX XXXX XXXX. '' Call XXXX Agent XXXX XXXX ( XX/XX/XXXX, recorded oXXXX XXXX XXXX and independently by Consumers ) : Confirmed XXXX approval process ; XXXX identified XXXX " XXXX '' XXXX first name only, no criteria disclosed ). Confirmed payment does not guarantee reinstatement. Confirmed 17-day payment window post-approval. Confirmed Notice of Intent sent XX/XX/XXXX. Confirmed welcome text sent to wrong number ( XXXX ) XX/XX/XXXXXXXX not Consumers ' number. Confirmed XXXX virtual agent called wrong number XXXX times XXXX XXXX XXXX. Confirmed correct number first called XX/XX/XXXXXXXX twice only. Confirmed only three documents ever mailed. Confirmed {$200.00} storage charge with no coherent rate explanation. Confirmed XXXX XXXX is third-party XXXX. Could not explain reinstatement fee discrepancy. VIOLATIONS UPDATED AND STRENGTHENED Fla. Stat. 537.012 ( 2 ) : No opportunity to cure repossession at XXXX XXXX ; XX/XX/XXXX warning letter received 12 hours post-repossession ; correct phone number never called prior to XX/XX/XXXX. Fla. Stat. 559.72 ( 7 ) & ( 9 ) ( FCCPA ) : Willful misrepresentation of storage rate ( XXXX XXXXXXXX stated ; {$200.00} storage embedded in reinstatement = XXXX XXXXXXXX effective for XXXX period ; XXXX cap XXXX XXXXXXXX ) ; asserting nonexistent reinstatement-conditioning right confirmed across three independent agents. Applies to original creditors. Fla. Stat. 501.204 ( FDUTPA ) : 87-day portal blackout caused by Westlake 's own data entry error ( wrong phone number used for welcome text ) ; no billing statements or payment coupons ever mailed ( confirmed by XXXX ) XXXX manufactured contact record ( 75+ calls to wrong number ) ; lender-created default ; coercive circular reinstatement conditions confirmed by three agents. Four-year XXXX. 15 U.S.C. 1692e ( 2 ) ( A ) & 1692f ( 1 ) ( FDCPA ) : False representation of debt amount ( storage rate discrepancy ) ; collection of amounts exceeding XXXX XXXX XXXX XXXX cap of XXXX XXXX hours. Applies to XXXX XXXX as third-party debt collector. 15 U.S.C. 1692f ( FDCPA ) Personal Property : XXXX XXXX 's refusal to permit personal property access at confirmed appointment unfair practice as third-party debt collector. 15 U.S.C. 1692e ( 10 ) ( FDCPA ) : Use of false and deceptive means 75+ contact attempts to a phone number not belonging to Consumers ; no attempt to the correct number until XX/XX/XXXXXXXX ; zero attempts between XX/XX/XXXX and XX/XX/XXXX repossession. 12 U.S.C. 5531 ( CFPA/UDAAP ) : Circular reinstatement condition confirmed by three independent agents pay to get approval, but payment does not guarantee approval and forfeited if denied ; no published criteria for XXXX decision ; XXXX identified by first name only. Abusive practice Consumers have no meaningful choice. Fla. Stat. 679.614 / UCC 9-614 : Notice of Disposition sent XX/XX/XXXX same day as XXXX XXXX repossession, confirmed by XXXX XXXX. Commercially unreasonable timing. Non-compliance bars deficiency collection ; entitles Consumers to statutory minimum recovery. Fla. Stat. 679.207 / UCC 9-207 : XXXX XXXX denied personal property access at confirmed XX/XX/XXXX appointment breach of duty of reasonable care. Fla. Stat. 679.610 / UCC 9-610 : Commercially unreasonable manner above-cap storage fees ; personal property access denial ; XXXX storage distance. XXXX XXXX XXXX XXXX XXXX : Storage charge of {$200.00} for XXXX period XXXX XXXX XXXXXXXX effective rate. XXXX cap : XXXX XXXXXXXX hours. Overcharge : {$100.00} minimum. Joint and several liability. Common Law Conversion : Continued denial of personal property access after confirmed appointment. Florida Common Law Constructive Prevention : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX ( XXXX XXXX ). Westlake 's own data entry error caused onboarding failure ; payment system never made accessible ; 75+ calls to wrong number. Adhesion Contract / Unconscionability : XXXX XXXX XXXX XXXX ; asymmetric remedies ; XXXX XXXX XXXX, XXXXXXXX XXXX XXXXXXXX XXXX ( XXXX XXXX XXXX XXXX ). Emotional Distress/ Bad Faith : Predawn repossession ; XXXX XXXX an attorney ' admission ; XXXX XXXX makes sense ' concession ; XXXX confirming XXXX pathway to XXXX XXXX ' ; XXXX denial ; {$200.00} storage overcharge. REINSTATEMENT DEMAND ITEMIZED BREAKDOWN ( PER AGENT XXXX ) Line Item Amount Status / Notes XXXX payment {$620.00} Legitimate payment obligation XXXX payment {$620.00} Legitimate payment obligation Late fees {$31.00} Legitimate per contract Involuntary repossession {$520.00} Under investigation basis not disclosed Redemption fee {$50.00} Under investigation basis not disclosed Storage ( 3 days, XX/XX/XXXX ) {$200.00} UNLAWFUL XXXX cap = $ XXXX XXXX = {$96.00} maximum. Overcharge : {$100.00} TOTAL QUOTED {$2000.00} Storage alone exceeds XXXX XXXX by {$100.00} Storage overcharge calculation : Agent XXXX confirmed {$200.00} storage for the period XX/XX/XXXX ( 3 days ). XXXX XXXX XXXX XXXX maximum : {$32.00} XXXX = {$96.00}. Overcharge : {$200.00} {$96.00} = {$100.00} minimum. Corrected reinstatement figure : {$2000.00} {$100.00} = {$1900.00} maximum lawful reinstatement as of XX/XX/XXXX. THE WRONG PHONE NUMBER CONSTRUCTIVE PREVENTION NOW FULLY DOCUMENTED The constructive prevention doctrine ( XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX So. XXXX XXXX ( XXXX XXXX ) ) is now fully established by Westlake 's own on-record admissions. The complete chain of causation, confirmed by XXXX XXXX from system records : 1. Westlake entered the phone number XXXX into Account XXXX. XXXX at origination. This number does not belong to the XXXX family. XXXX. On XX/XX/XXXX, XXXX sent its welcome text the primary onboarding mechanism to XXXX. XXXX XXXX family never received it. XXXX. From XX/XX/XXXX through XX/XX/XXXX, Westlake 's XXXX virtual agent called XXXX more than XXXX times. The XXXX family never received any of those calls. XXXX. Westlake never called the correct number ( XXXX ) XXXX, ending XXXX until XX/XX/XXXX. At that point both XXXX and XXXX had returned from travel but were still unaware of the urgency of the situation. XXXX. Westlake called the correct number only twice on XX/XX/XXXX. There is no record of any call to the correct number between XX/XX/XXXX and the XX/XX/XXXX repossession. XXXX. No billing statements, payment coupons, or account access information were ever mailed. Confirmed by Agent XXXX. 7. The MyAccount portal was never activated because Consumers never received the welcome text. Because they never received the welcome text, they could not register. Because they could not register, they had no way to make an online payment. XXXX. XXXX XXXX confirmed : 'You would have to ask for it and we would send you the link to register... But it looks like you're not even set up for that. ' XXXX XXXX : 'We were never even told that was an option. We didn't even know who you were. ' Result : Through its own data entry error and failure to take any curative action over 87 days, Westlake Financial made it impossible for Consumers to make an online payment, receive account notifications, or know their lender 's identity and then repossessed the vehicle for non-payment. Under XXXX XXXX Westlake can not exercise a contractual right where its own conduct prevented Consumers ' performance. THE CIRCULAR REINSTATEMENT TRAP THREE AGENTS, ONE PATTERN The following facts are now confirmed by three independent agents across three separate recorded calls establishing this as Westlake 's institutional policy, not individual error : Payment does NOT guarantee reinstatement confirmed by XXXX ( XX/XX/XXXX ), XXXX ( XX/XX/XXXX ), and XXXX ( XX/XX/XXXX ). If payment is made and reinstatement is denied, the payment is forfeited to the account balance confirmed by XXXX : 'That payment will go towards the account and towards the balance of the account. ' The approval process requires multiple signatures and an XXXX decision. The XXXX is identified only as XXXX XXXX first name only, no last name, no criteria disclosed, no direct contact pathway, no published standard. XXXX confirmed on record : 'What specific criteria is she going to use? ' 'That 's up to them. I don't know what criteria they follow for that. ' No published criteria exist. XXXX XXXX confirmed his understanding of the process verbatim 'get the second signature, make the payment, and then the third manager approves whether or not I can have my car back ' and XXXX XXXX : 'Exactly, yeah. ' Legal effect : This is the CFPA/UDAAP abusive practice standard precisely satisfied. An abusive act materially interferes with the consumer 's ability to understand the terms or conditions of the product or service, or takes unreasonable advantage of the consumer 's lack of ability to protect their own interests. A process where the consumer must pay before getting approval, where approval is at the sole undisclosed discretion of a named-only XXXX, and where payment is forfeited if approval is denied with fees accruing daily during the wait satisfies every element of this standard. FORMAL DEMANDS XXXX BUSINESS DAYS XXXX. IMMEDIATE REINSTATEMENT on original contracted terms at a corrected reinstatement figure of no more than {$1900.00} reflecting storage fees at the XXXX XXXX XXXX XXXX of $ XXXX hours. XXXX. HALT of any vehicle disposition. The Notice of Disposition generated XX/XX/XXXXXXXX the same day as repossession almost certainly fails the commercially reasonable timing standard of UCC 9-614. XXXX. FULL NAME of XXXX XXXX XXXX ' her title, and the specific written criteria she is applying to this reinstatement decision. XXXX. WRITTEN CONFIRMATION of who entered XXXX into Account XXXX. XXXX and when, versus the correct number on the credit application. 13. WRITTEN CONFIRMATION that only three documents were generated for this account XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and that no billing statements or payment coupons were ever created or mailed. 14. WRITTEN BASIS for the {$520.00} involuntary repossession fee and the {$50.00} redemption fee. XXXX. IMMEDIATE DIRECTION to XXXX XXXX XXXX to allow access to all personal property in the vehicle regardless of reinstatement status. XXXX. IMMEDIATE SUSPENSION of all adverse credit reporting and enforcement actions. 17. PRODUCTION OF INSURANCE INFORMATION declaration pages and policy numbers for all coverage in force. DAMAGES DEMAND IN EXCESS OF {>= $1,000,000} Consumers demand total compensation in excess of {>= $1,000,000}, inclusive of actual damages, UCC 9-625 statutory damages, FCCPA statutory damages ( XXXX ), XXXX damages ( XXXX ), FDCPA statutory damages ( 15 U.S.C. 1692k ), punitive damages, emotional distress damages, conversion damages, and mandatory attorney fee-shifting. Full itemization will be provided through retained counsel. The undersigned expressly reserve all rights and remedies, whether known or unknown, disclosed or undisclosed, at law or in equity, including the right to retain legal counsel at any time, the right to demand trial by jury on all issues so triable under 15 U.S.C. 1692k ( d ) and Fla. Stat. 501.211, and the right to invoke or oppose arbitration as counsel may advise. Nothing herein constitutes a waiver of any right, claim, defense, or remedy.

Company response to consumer: Closed with explanation