Consumer complaint received 2024-05-28 00:00:00
Product: Payday loan, title loan, personal loan, or advance loan — Installment loan
Issue: Charged fees or interest you didn't expect — 
Company: Marlette Funding, LLC
State: VA

Complaint narrative:
I applied for SCRA benefits as XXXX XXXX sent orders and was told I do not qualify but yet their website offers SCRA benefits for military. I also belong to an SCRA XXXX XXXX so I know they pick and choose who they apply benefits to and who they do not. they say it does not qualify as a loan but SCRA applies to all things that accrue an interest rate and specifically requires that we do not get charged over the 6 % percent cap for SCRA. Best egg tries to avoid doing this on many accounts and many occasions but also applies to some people and not others so that is not fair. if you say it does not qualify for loans then you should not apply to some customers and not others. I have sent orders numerous times to have the interest cap on my loan which 21 %. It should be lowered to atleast 6 % for SCRA benefits for military. since acquiring this loan I have already paid {$640.00} in interest alone in XXXX year. I would like my SCRA benefits applied to this account or I will have to involve a XXXX lawyer and the state attorney general office. You can not as a company pick and choose who you apply the benefits too if all qualify. You can not say to others they do not qualify and you apply it to other loans. I have sent orders numerous times and my benefits should have been applied in XXXX when I sent the orders after I received the loan which I qualify for. 
XXXX Individuals Covered by the SCRA Members of the XXXX, XXXX, XXXX XXXX, XXXX XXXX, and XXXX XXXX on XXXX XXXX SCRA protections extend to servicemembers dependents, which generally include spouses, children, or any other individuals for whom the servicemember provided more than one-half of the individuals support for 180 days immediately preceding application for relief under the Act. ( including reserves ordered to XXXX XXXX ). 
Also, Ohio extends SCRA benefits for debt incurred WHILE active duty. This means that any debt incurred after enlistment is subject to the 6 % interest cap. Below is the reference : 7.1. Interest Rate Cap To help ease financial burdens created by active military service, Section 527 of the SCRA extends the 6 % interest cap on all debts, not just those incurred prior to XXXX XXXX. 
Due to these circumstances, I would qualify because of the unique protection that Ohio has for XXXX XXXX families. According to the SCRA : A creditor must forgive not defer interest greater than XXXX percent per year. See 50 U.S.C. 3937 ( a ) ( 2 ). The creditor must forgive this interest retroactively. See id. at 3937 ( a ) ( 1 ) & ( b ) ( 2 ). The creditor is also prohibited from accelerating the payment of principal in response to a properly made request for a XXXX percent interest rate cap. Id. at 3937 ( a ) ( 3 ).

its says all debts and all creditors which means I qualify for the 6 % interest cap. no where does it say it does not apply to loans. I have sent emails and faxes numerous times in XXXX and mailed orders in XXXX and XXXX still no response to recent ones sent.

Company response to consumer: Closed with explanation