• Report: #508336

Complaint Review: Westlake Financial

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  • Submitted: Mon, October 12, 2009
  • Updated: Wed, October 14, 2009

  • Reported By: kellygurl1983 — SACRAMENTO California USA
Westlake Financial
www.westlakefinancial.com Internet United States of America

Westlake Financial Westlake Financial They have called and told me they were agents and they were going to report me to the police. They have said they were on their way to repo my car. I saved all the phone messages to all of this. Internet

*Author of original report: Maybe I Didn't Make Myself Clear

*Author of original report: Maybe I Didn't Make Myself Clear

*General Comment: HINDERING SECURED CREDITOR

*Consumer Comment: Easy to stop them

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Westlake financial has done nothing but harass me since I lost my job and got 1 payment behind. I've explained to them I would get caught up a.s.a.p to no avail.


They call me several times a day from different phone numbers. Even if I talk to them they still call me back the same day. I'm a collection rep with knowledge of the law and I know they cannot call and speak to or leave more then 1 message a day.


They tell me they are agents and have a repo person in my vicinity but can't locate the car. My car is at the address they have on file. They leave messages on  my answering machine saying they are going to call the police and report the car "unlocatable"


They call my relatives at work and tell them they are agents and need to locate the car because it's up for repo that day. I have a message on my phone saying the car will be reposed in 35 min if I don't call then back, that was after I'd already spoke with her 5 minutes before that.


I'm at the end of my rope, the involvement of my relatives being contacted. I don't know what to do. Can anyone stop this company?


This report was posted on Ripoff Report on 10/12/2009 10:36 PM and is a permanent record located here: http://www.ripoffreport.com/r/Westlake-Financial/internet/Westlake-Financial-Westlake-Financial-They-have-called-and-told-me-they-were-agents-and-th-508336. 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:
2Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Maybe I Didn't Make Myself Clear

AUTHOR: kellygurl1983 - (USA)

First of all I did speak with them I told them I was on unemployment and the date I got my next check was when I would make the payment which was only 1 day late when they called me. Then she called me back and I didn't answer the phone because I was on my way out. Agent Myers said she was going to call the police and report the car stolen because I didn't make the payment with her on the phone. She refused to future date the payment so I told her I would call her as soon as it was in the bank. I'm not hiding the car I know the law. I would never risk something like going to jail over a car. I have another car which they have never called me when I was a day late. My car is NOT in status, and I do without many things to pay my bills. I'm not some dead beat. Westlake financial is NOT a reputable company, through investigating this company I have found many complaints from people who have been treated worse then me. I will do what it takes to make my state and anyone that will listen see that Westlake financial has no right to even be in business. They need to be shut down!!!
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#2 Author of original report

Maybe I Didn't Make Myself Clear

AUTHOR: kellygurl1983 - (USA)

First of all I did speak with them I told them I was on unemployment and the date I got my next check was when I would make the paymnt which was only 1 day late when they called me. Then she called me back and I didn't answer the phone because I was on my way out. Agent Myers said she was going to call the police and report the car stolen because I didn't make the payment with her on the phone. She refused to future date the paymnt so I told her I would call her as soon as it was in the bank. I'm not hiding the car I know the law. I would never risk something like going to jail over a car. I have another car which they have never called me when I was a day late. My car is NOT in repo status, and I do without many things to pay my bills. I'm not some dead beat. Westlake finacial is NOT a reputable company, through investigaing this company I have found many complaints from people who have been treated worse then me. I will do what it takes to make my state and anyone that will listen see that Westlake financial has no right to even be in buisness. They need to be shut down!!!
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#3 General Comment

HINDERING SECURED CREDITOR

AUTHOR: IamGood - (USA)

KellyGurl1983

I feel for you, however if they have asked you for the car, you are obligated to return it to them.  If you fail to give them the car back, and are hiding the auto, then they can go to the DA Intake Office, and file charges against you called Hindering A Secured Creditor.

In Texas there is a law on the books, there is also one in California as well.

Here is the wording of the California Law.

154. (a) Every debtor who fraudulently removes his or her property or effects out of this state, or who fraudulently sells, conveys, assigns or conceals his or her property with intent to defraud, hinder or delay his or her creditors of their rights, claims, or demands, is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

I would not hide your car, as they do have the right to file against you at this point.

As you can see the threat by the creditor to report the car as "unlocatable" to the police is valid. 

I think you are hiding the car.... I would deal with them.  Saying I will pay you as soon as possible is not a valid response.  Delay some other bill , or face the peril of going to jail!!!

 

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#4 Consumer Comment

Easy to stop them

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

Pay your car payment and the harassment will stop.

You have forgotten one thing, this is the original creditor. The fair debt collection act that bill collectors have to follow does not apply to original creditors. They can call you as many times a day as they want. Additionally, even under the FDCPA you can get a call more than once a day, if you are ignoring it and letting it go to voice mail they can keep calling you until they speak with you about it.

Honestly, since this is the original creditor you have two options:

1) Pay your bill or work out a payment plan that is acceptable with them. They are under no obligation to accept any alternative payment plan however.

2) let them repo your car. This will stop the calls temporarily but you will still owe the balance between what you owe and what the car sells for at auction.

Those are your options to stop the company. They do have the right to their property, until you finish paying for it they own the car you are driving.
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