• Report: #196256

Complaint Review: WFS Financial

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  • Submitted: Tue, June 13, 2006
  • Updated: Thu, June 15, 2006

  • Reported By:lake havasu city Arizona
WFS Financial
23 Pasteur Irvine, California U.S.A.

WFS Financial ripoff dishonest fraudulent billing,trying to repo car when current telling me I months behind, then saying its been charged off,harassing my husband at work Irvine California

*Consumer Comment: the repo man did breach the peace, and most usually do

*Author of original report: I understand what you are saying, But

*Consumer Comment: The repo man did not want to "breach the peace"

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From day one of my auto loan it has been nothing but a nightmare with this so-called company.I have been paying on this loan since 6-01 it is now 6-06. They sent there repo company out to my work to pick up my car I ran out there and asked what do you think you are doing? They replied you havent made a payment since november,2005 it is now june,2006.

I set up my payments to go directly from my bank in November 0f 2005 to automaticly be sent monthly,and my bank bank statements show they have been sent. This is the first time they have come to my work, they would usually show up at my husbands work, knowing that he doesnt drive the car,they come every month wanting the car, they come more now knowing it is coming close to the end of the loan, saying the same thing that I havent made a payment, I end up faxing the payment history to them they go away, and in a couple of weeks the repo people show up again saying the same thing.

I fax them my payment history again, and so on and so on, it is getting old. What do you do when you dont have the finances for an attorney and if you drive your car they will pick it up while you are in the store so now you arent even driving your vehicle that you have been paying on for five years for fear they will pick it up and we all know what is going to happen. then, you never see it again.

I can't handle all the threats,like you will go to jail if you dont surrender the vehicle,they are going to prosecute me, etc for what, paying on a vehicle for 5 years I never new that was a crime. What this company does everyday is a crime I have paid for that car more than once, and that not including all the charges that they stick on through out the entire loan. in one phone call I had 500.00 dollars of late fees, they said if I paid that to them I would be caught up on all late fees, if I didnt pay it they would pick up vehicle so I paid it the very next month.

the repo people show up at my husbands work saying I had over 1000.00 in late fees and that I hadnt paid in 190 days.Thirty days prior I was paid on late fees and car payment paid, where did these people go to school and why are they still doing business.This has been going on, on and off for the entire loan. I really need some help they are bond and determined to get my vehicle, they are in the wrong but I know if I drive it they will pick it up and I will have paid on a car for five years and be shit out of luck.

When they came to get it they said I was 190 days late that is why they are picking it up, I said no I am not and I can prove it, they already have there truck hooked to my car,he says to me go get it, I said know way, I am not stupid if I walk away you will take the car, he says trust me, I dont think so.

So here I am sitting on my car, telling him to release it, he threatens and threatens,alls I could say is let my car go,he gets on the phone with Pam @ WFS, now theres a real prize. and she proceeds to mutter a mouth full of lies and threats,then the repo guy gets back on the phone and comes back to me and says, no matter what you do even if I give him the full pay off I will never receive the title to this car and that no matter what he is taking it.

I said are you threatening me he says if that is what it is going to take and that he was going to call the police, I said go right ahead I would love for the police to be here, he just stood there, okay I said let me see the phone I will call the police for you. he responds not with my phone you wont. needless to say he never called the police, was that a threat to scare me or what,because why didnt he call the police.

could it be he is in the wrong and he knows I have proof, because everytime he has come out I have had the proof. well it is still not over he makes another call to someother lady. he then comes back and says well guess what your car has been charged off, so he is going to take it. Okay what is it am I late, is it charged off, what the hell the guy didnt even have any paper work on my vehicle.

Over my dead body is he taking my car. Now I am just getting threatening calls at work from the repo company (CCI Investigations The Camping Companies)saying they are prosecuting me if I dont surrender the car and so on. Please if there is anybody out there thatcan help me or tell me what to do I would deeply appreciate it. I'am getting together every payment I have ever sent them since 6-01 including bank statements. and I bet that I have well over paid them and they know it that is why they are tring to get my vehicle before July.
Will be patiently waiting a responds.

Michelle
lake havasu city, Arizona
U.S.A.

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This report was posted on Ripoff Report on 06/13/2006 05:14 PM and is a permanent record located here: http://www.ripoffreport.com/r/WFS-Financial/Irvine-California-92618/WFS-Financial-ripoff-dishonest-fraudulent-billingtrying-to-repo-car-when-current-telling-196256. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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0Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

the repo man did breach the peace, and most usually do

AUTHOR: Aafes - (U.S.A.)

Yes, the repo man did breach the peace, and most usually do. This is why he wanted you to leave to get documents, make phone calls etc. Once you were not present he would simply take the car. You were very smart in this situation and I commend you for it. It is probably the only reason you still have your car.

There was no intent to insult you in the last paragraph of my previous post. I wanted to simply make the point, as a subprime lender, WFS treats all its customers like crap. I am sure they love taking cars from customers with good payment histories who are nearing the end of their loans. They are unscupulous at best and in the opinion of their representatives there are no good customers. As far as the reps are concerned if you borrowed through them, you must be worthless.

I once had a loan through them. While I admittedly could not have been financed with ANYONE else at that point it time, they did finance me. I experienced myriads of problems with them not posting my insurance over 3 years although policies were faxed, mailed return receipt, confirmed by telephone etc. They would simply send me a letter saying no proof of insurance was "received" and tack a very high priced policy from one of their partners onto my loan. Eventually, I managed to trade the car in and have the loan paid off - albeit it ended up being written into the next loan.

I hope you stick it to them very hard. It would be nice to see THEM on the end of explaining why they are harrassing you without cause.
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#2 Author of original report

I understand what you are saying, But

AUTHOR: Michelle - (U.S.A.)

The repo man did in fact breach the peace, for 1 hour outside my place of employment he was yelling and telling me no matter what I do I will never see a title to my car,threat after threat, after the fact that he was asked right away to stop, and release said vehicle, "at that point he is to stop" unless that law differs from state to state (breach of peace is breach of peace). We have the right to be shown some kind of documentation supporting his allegations, other than a person on the other side of the phone, he had nothing. I have already begun doing what you have suggested to do in your rebuttal, and that is I 'am getting every receipt,bank statement, etc togehter to take to a attorney. I had proof (bank statements) in my office, and he said to go get them, I asked him to walk in with me and I would be more than happy to get them, he refused. What does that tell you? I carry those with me at all times now, but to tell you the truth it appears to me they wouldnt really do me any good. So the quickier I get all this together and get it to the attornies the better, it is going to take a few days to get it all gathered up from the year 2001. Also in regards to your last paragrapgh it is almost like you contridict yourself by saying in one breath, that basically this company does high risk loans, that is what they do, right. So the finance manager's that handle these accounts would obviously know that the majority of the loans are going to go bad within the first year or so. But, common sense would tell you that if a person has been paying a company for five years and has always communicated with them and complied with them, I would think that me nor anybody else would want to do anything foolish at that point,like try to duct out on the responsibilty when the loan is going to be coming to an end,it doesnt take a rocket scientist to figure that out. Nobody in their right mind is going to pay on something for 5 years and then just skip, remember I said in their right mind. I myself worked for a used car dealership also took the required coarses to actually get my auto salesman license, but I was the Finance Manager for a Buy Here Pay Here car sales lot in Utah for 2 years and we also did high risk loans (36% interest), as a matter of fact that is all we did, we gave loans to people that nobody else would touch not even WFS. If you know what you are doing in your position as a finance manager and you pay attention to your accounts you will know within the first 6 months to 1 year that if a contract is going to go bad or if that person is go to skip. If you have a customer on his final year of said contract and it is getting closer to the end of loan, for what reason would they send someone out to pick up my vehicle now? why didnt they repo it 3 years ago when it was late, you want to know why, because they hadn't yet made enough money off me yet, now that they have been paid this outrages amount of money for this vehicle that now almost has 100,000 miles on it but is in perfect condition they can turn around and sell it for the same amount that I paid for it, and so on and so on. Talk about theives and that is what they are. They are so determined that they are saying you send what ever you want it doesn't matter we want the car, what they are forgetting I do have rights and I want a complete payment history from them and then I want my attorney to match their history to my bank statements, electronic payments, etc. Have you ever seen a statement from WFS? What a joke, you cant even view your account online unless you are current and with them no matter what, you are never current even when they themselves say you are current the following week or even the same week you will get a phone call from somebody from "WFS" threatening you that you are 190 days late when not even 7 days ago somebody else has said that your account is current. For one, what auto finance company in there right mind, would let you fall 190 days behind without even a phone call not to many, probably none. Is the big picture starting to show yet? There are scamming people and getting away with it. Why do they have 3-4 different names that are under DBA, whom I wonder. When WFS first originated they where a BANK. That didnt last very long, they where shut down, and not on their on free will, their doors where shut down and they where never to be opened again as a bank, so the next best thing they could do was Finacing, similiar to a bank but now they can pick and choose their customers and have figured out how to rip people off and go around the law, could that have something to do with the so many names they have and why they are spread out all over the country, and does that explain why WFS itself has actually changed their name 4 or 5 times they just keep the same three initials WFS? Western Financial,Westcorp, I dont remember I have them all logged in my journal.I have worked and invested too much to let these scammers take my vehicle from me, I will fight them tooth and nail. Thank you Michelle
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#3 Consumer Comment

The repo man did not want to "breach the peace"

AUTHOR: Aafes - (U.S.A.)

Michelle,

In Arizona law:

"Unless otherwise agreed a secured party has on default the right to take possession of the collateral. In taking possession a secured party may proceed without judicial process if this can be done without breach of the peace or may proceed by action."

By sitting on the car, or even verbally refusing the repossession of the car the repo man could not take it without breaching the peace. This is why he did not call the police.

In the Arizona statutes:

"A person may commit unlawful failure to return a motor vehicle subject to a security interest if the person fails to make a payment on lien for more than ninety days, secured creditor notifies owner in writing, by certified mail return receipt requested, that owner is ninety days late in making payment and is in default. The notice must include a specific statement stating that if vehicle is not returned in 30 days, then person may be subject to criminal prosecution, and other required information."

If they have sent you this notice, and they can indicate in your payments you are behind, then they will eventually get the car. If the repo company is good at their job, you will simply go to the store one night and the car will be gone in a few minutes. They don't have to tow it, in most cases they can simply use a duplicate key (easily obtained) and drive away. You need to do some more research on your payments and work on addressing this.

You indicated the bank began making the payments in 11/05 and you faxed them a payment history. How detailed was it? What you need from the bank, for WFS and for your potential future court battle, is not only a history of when the payments were deducted and mailed, but copies of the cleared checks or verification the ACH transaction was paid with the date.

If the bank is "mailing" a check there is a high likelihood that the mailing and posting time caused the payments to post late beginning in 11/05. When the first payment posted late, and a late fee assessed, with the second payment WFS would pay the late fee FIRST from your payment, the remainder would go to interest, then to principle - your payment would have been inadequate to cover the fee and interest as well as your scheduled payment - another late fee assesses and this snowballs into a big problem very quickly.

Depending on how badly you want to keep the car you may want to spend the money for an attorney to address this issue. In most cases it will take a simple letter from the attorney with proof of your payments to get a resolution - the initial visit and letter are going to be far cheaper than fighting this.

You financed with WFS. Perhaps without knowledge of the fact they are a subprime lender. They finance automobiles at higher than normal rates for individuals that are usually not otherwise credit qualified to obtain a traditional loan. While it may not be the case with you, almost ALL their clients quickly establish poor payment history, lack required insurance and the accounts spend almost the entire life of the loan in and out of collections. Unfortunately, this causes the representatives to eventually treat all clients like they are trying to duck their responsibility.
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