• Report: #825200

Complaint Review: Westlake Financial

  • Submitted: Thu, January 19, 2012
  • Updated: Thu, February 09, 2012

  • Reported By: Mikicagle — Broken Arrow Oklahoma United States of America
Westlake Financial
Internet United States of America

Westlake Financial Current on payment-car was wrecked, filed repo title and stole it from the tow yard Los Angeles, California Internet

*Author of original report: Repo Title is Unnecessary

*Consumer Comment: Looks to me like the finance company is covering it's

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I was involved in a car accident that was not my fault on December 10, 2011.  My car was totalled. I made my scheduled payment on December 22, 2011 because I knew that with the holiday delay it was going to take a while for the other parties insurance company to go and look at it. The insurance company of the individual that hit me was scheduled to assess it on January 4, 2012.

On January 3, 2012 Westlake financial obtained a REPO title on my car (payments were never late-) and took the car to an undisclosed location. My insurance company is taking charge BUT because Westlake filed a REPO title they say we are "Out of the loop". We had over $4000 equity in the automobile and as of today Westlake has already added over $1000 in additional charges to the vehicle. We are going to take what legal action we can against the company. If anyone knows of a class action lawsuit that has been or is going to be filed for illegal practices, please let me know. 

This report was posted on Ripoff Report on 01/19/2012 11:26 AM and is a permanent record located here: http://www.ripoffreport.com/r/Westlake-Financial/internet/Westlake-Financial-Current-on-payment-car-was-wrecked-filed-repo-title-and-stole-it-from-825200. 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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REBUTTALS & REPLIES:
1Author 1Consumer 0Employee/Owner
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#1 Author of original report

Repo Title is Unnecessary

AUTHOR: Mikicagle - (United States of America)

I do understand that the company owns the car until it is completely paid for-but we were making payments as were required by our contract. Our attorney's legal opinion is that while it is legal in California to file a repo title and take physical control of a vehicle if it is in a tow yard and is accruing daily fees-it is NOT legal in Oklahoma-California law does not supercede Oklahoma law.

The payments on the vehicle were debited from my checking account monthly so we have documentation that the payments were made timely-we also have statements from the company showing that we were current under our contract.

The Federal Fair Credit Reporting Act requires bars companies from placing untrue information on credit reports and also provides remedies to individuals who have had their credit unfairly impacted by false information. If this situation is not resolved satisfactorily and the company places untrue information on our credit report we have the option to file a lawsuit against the company. I have also been in contact with the office of Kamala D. Harris, California's attorney general, regarding this incident and will procede as appropriate depending upon the results of their investigation.
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#2 Consumer Comment

Looks to me like the finance company is covering it's

AUTHOR: Ken - (USA)

property by taking physical ownership of it.  You do KNOW, they own it until fully paid for?

I have no idea what legal action you plan on taking, class action or otherwise. What, in your LEGAL opinion, did they do that was unlawful? Have you provided their attorneys with YOUR legal opinion and do they concur with you?

IF you aren't upside down on your loan, you may get some money back from the lender, depending on the settlement with the insurance company.



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