ComplaintsforFinBe USA

• Initial Complaint

  08/29/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I do not have a contract with FINBE USA They did not provide me with original contract as requested

  

  Business response

  08/30/2024

  Dear BBB,
  
  On 8/30/24, FinBe USA, formerly Credito Real USA Finance LLC and AFS Acceptance LLC (FinBe USA) received the consumers complaint involving contract disputes. More specifically, the consumer claims he do[es] not have a contract with FINBE USA They did not provide me with original contract as requested. The consumers desired resolution is [c]orrections to my credit report [and] demand this account be removed from [the consumers] credit report
  
  To investigate the consumers claims, FinBe USA first reviewed its customer database, and confirmed a closed ********************** account under the consumers name that matches contact information provided in the BBB complaint.  FinBe USA is an indirect auto lender who purchased, and was assigned the retail installment contract (the Contract) and security agreement for the purchase of a 2017 Dodge Charger (the Vehicle) from dealership ****************** in **********, ** (the Dealer) on or about 12/15/20.  A copy of the retail installment contract, executed by the consumer (with assignment to FinBe USA f/k/a AFS Acceptance, LLC and Credito Real USA Finance, LLC) is submitted with this response. 
  
  At the time of financing, the consumer completed and signed a credit application with the Dealer and a separate Credit Application Addendum with FinBe USA (formerly AFS Acceptance) which expressly permits FinBe USA to obtain credit reports and release information about the consumers credit experience.  Copies of the credit application and Credito Real USA Credit Application Addendum are submitted with this response.
  
  The loan payment history shows that the consumer began to fall behind on the account in October 2021. In an effort to keep the consumer current, FinBe USA offered, and the consumer accepted, a payment extension/deferment in November 2021.Unfortunately, the account soon fell behind again, though the consumer continued to make payments, albeit late.  A second payment extension/deferral was offered and accepted in June 2022, but the consumer again failed to timely make his next payment by the extended deadline.  The account became over 90 days past due and FinBe USA continued to work with the consumer by providing assistance options to keep him in the Vehicle.  The account notes show that the consumer would not surrender the vehicle for recovery despite being over 120+ days delinquent, and made two final payments in March 2023, but even after those payments, the account remained well over 100 days and $3000+ past due.  After no further payment arrangements in place, the account was charged off in May 2023 with FinBe USA reporting the account as such to the credit reporting agencies (CRAs) and eventually recovered in August 2023. 
  
  Before receiving the instant complaint, FinBe USA received indirect credit disputes from Experian regarding the consumers account through the E-OSCAR platform on 8/1/24 and 8/15/24 to which it timely investigated and responded, verifying the account information as accurate.   Further investigations into the reporting on the account in response to this complaint confirm that it has been reported accurately, and contrary to the claims in the complaint, FinBe USAs records do not reflect that the consumer made any prior requests for a copy of his contract.  Nevertheless, it is provided with this response.
  
  In sum, for the reasons stated herein, it is our position that this matter should be closed.  FinBe USA confirmed that the consumer was a FinBe USA customer who authorized ********************** to report the payment history on the account, and confirmed that it has reported the account accurately. 
  
  If there are any questions, please reach out directly to me.
  
  Regards,
  **********************************
  
  
  
  
  
  
  
  

• Initial Complaint

  08/17/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  Dear ***/*****,I recently reviewed my credit report and discovered an error that indicates I am a victim of identity theft. I have enclosed copies of the relevant reports and documentation for your reference.The following account does not belong to me:Creditor: FINBE *** Opened Date: 12/13/2019 Account Number: ********* High Credit Amount: $20,969.00 I request that you investigate this matter and remove the fraudulent information from my credit report as per the Fair Credit Reporting Act (FCRA).Thank you for your prompt attention to this issue.

  

  Business response

  08/26/2024

  Dear BBB,
  
  On 6/15/24, FinBe USA, formerly Credito Real USA Finance LLC and AFS Acceptance LLC (FinBe USA) received the consumers complaint alleging that the consumer purportedly discovered an error that indicates [the consumer is] a victim of identity theft.  The complaint identifies an account opened in 2019 with FinBe USA opened that the consumer claims does not belong to him and requests an investigation and removal of the fraudulent information from [his] credit report per the Fair Credit Reporting Act (FCRA).  Though the complaint references enclosed copies of the relevant reports and documentation for [] reference, no attachments were submitted with the complaint. The consumers desired resolution is correction to a credit report.
  
  To investigate the consumers claims, FinBe USA first reviewed its customer database, and confirmed a now-closed account opened in December 2019 as alleged in the complaint under the consumers full name,*********************************.  FinBe USA is an indirect auto lender who purchased, and was assigned the retail installment contract (the Contract) and security agreement for the purchase of a 2014 *** 6 Series Coupe (the Vehicle) from dealership H&H Motors II LLC in *********, ** (the Dealer) on or about 12/13/19.  A copy of the retail installment contract,executed by the complainant consumer (with assignment to FInBe USA f/k/a AFS Acceptance LLC) is submitted with this response. 
  
  At the time of financing, the consumer completed and signed a credit application with the Dealer and a separate Credit Application Addendum with FinBe USA (formerly AFS Acceptance) that expressly permits FinBe USA to obtain credit reports and release information about the consumers credit experience.  Copies of the credit application and Credito Real Credit Application Addendum are submitted with this response.
  
  The loan payment history shows that the consumer made just two total payments, before a third and final partial payment on 3/9/20.  The account history includes notes indicating that the consumer stated that he signed this car for his twin brother,********, and that the vehicle was involved in an accident within months of purchase.  Eventually, the loan was repurchased by the Dealer from FinBe USA on or about 6/8/2020 as a result of a breach of the representations and warranties of the Contract pursuant to the Dealer Agreement between the Dealer and FinBe USA, and the account was closed on 6/22/20.
  
  Review of the reporting history shows that the account was reported accurately with 30+ and 60+ Days Past Due Reporting after the consumer failed to make a full payment after 2/24/20, and reported as paid/closed on 6/30/20.  For the reasons stated herein, the results of FinBe USAs investigation do not reveal that the consumer was a victim of identity theft, that the account was reported incorrectly, or that there is fraudulent information on the consumers credit report.  Nevertheless, because the account was sold and the Vehicle purportedly totaled, in an effort to resolve the consumer complaint, on 8/26/24, FinBe USA submitted an Automated Universal Dataform (AUD) to the credit reporting agencies (CRA) to delete the tradeline so that it no longer appears on the consumers credit report. 
  
  Accordingly, and for the reasons stated herein, it is our position that this matter should be closed. If there are any questions, please reach out directly to me.
  
  
  Regards,
  **********************************
  
  
  
  
  

• Initial Complaint

  08/06/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  This business has been harassing me about some insurance and I have my own I had my car since 2021 and they took over from another company or did they change there name for 2021 ,2022,&2023 I never was asked about insurance they say they have I sent my information 3 times however they say they dont have the information and I have to give them $807 for insurance from June of 2023 - December 2023 I told them that wasnt in the contract now the turn on the beeping sound on my car like my car note not paid I paid my car note a day early and they been on me like really harassing me Im gone get me a lawyer to look into them then the man gone say do you want your car I told his **** my car note paid then he started to ****** at me

  

  Business response

  08/19/2024

  
  Dear BBB,
  
  On 8/6/24,FinBe USA, formerly, Credito Real USA Finance LLC (FinBe USA) received the consumers complaint regarding her loan payments after a force-placed collateral protection insurance (***) policy was placed on her auto loan.  In complaint, the consumer contends that since she purchased her vehicle in 2021, she has been harassed about some insurance and the consumer never was asked about insurance [FinBe USA] says they have [she] sent [her] information 3 times however [FinBe USA] say[s] they dont have the information and I have to give them $807 for insurance from June of 2023 - December 2023.  The consumer contends that this wasnt in the contract and that now FinBe USA turn on the beeping sound on my car like [her] car note not paid [but she] paid [her] car note a day early. The consumers desired resolution is billing adjustment, and she claims $21,000.00 as the Disputed Amount.
  
  
  FinBe USA is an indirect auto lender who purchased, and was assigned the retail installment sales contract (Contract) for the consumers purchase of a used 2017 Chevrolet Cruze (the Vehicle) from the dealer, **** Auto Finance in Dyer, IN (Dealer) on or about 6/25/21.   A copy of the Contract with assignment to FinBe USA (then Credito Real USA Finance LLC) is provided with this response.  To investigate the consumers claims, FinBe USA reviewed the loan documents, account notes, communications with the consumer and the loans payment history.  An updated copy of the account payment history is provided with this response.
  
  The payment history shows that shortly after the loan was originated, the consumer fell behind on her payments.  To assist the consumer to bring the account current, a payment extension/deferral was provided in December 2022.  However, the consumer fell behind again shortly thereafter, but continued to submit late payments.  In or around August 2023, it came to FinBe USAs attention that the consumer did not maintain an active collateral insurance policy on the vehicle, with the prior policy expiring on or around 6/1/23.  Accordingly, a force placed collateral protection insurance (***) policy was placed on the loan due to the consumers failure to maintain insurance as required per the terms of the loan (see highlighted language in RIC If you do not obtain and maintain the insurance required by this contract and do not continue to provide satisfactory proof of insurance, we will consider this contract in default.  We may, at our option, repossess the vehicle,purchases insurance at your expense, or pursue any other remedy provided for in this contract.).
  
  Prior to obtaining the *** policy, FinBe USA provided the consumer a first notice Insurance Reminder letter on 8/21/23 and a Final Notice letter on 9/18/23 to the consumers address on file (the same address provided in the BBB complaint),advising that absent proof of insurance, a premium would be retained at the consumers cost effective 6/1/23.   The consumer failed to provide such proof and as a result, the *** policy was obtained by FinBe USA, to which the consumer was provided a Notice of Placement of Insurance letter on 10/11/23 and began charging monthly premiums for the relevant coverage period (see payment history).  Notably, the 10/11/23 letter includes a copy of the policy.  A letter dated 12/4/23 addresses the increase in the consumers monthly payments as a result of the insurance that was obtained on her behalf after her prior policy lapsed. 
  
  On or about 12/16/23, the consumer provided proof of insurance effective 12/16/23.  Accordingly, the force-placed insurance policy was cancelled and the consumer was provided notice by letter dated 1/4/24 of the cancellation of the remainder of the policy, and a refund of the premium for the remainder of the policy period was credited to the account on 12/16/23.  However, as stated in the letter, a balance of $807 remained for the premium charged for coverage provided while the consumer did not maintain her own policy between June and December 2023.  Copies of all of the aforementioned communications are provided with this response.
  
  After the consumer did not timely make her installment due 2/15/24, FinBe USA offered the consumer a due date change to help her catch up on payments.  However, subsequent payments were made late, until the consumer made two payments in July, one on 7/5/24 as a late payment for her installment due in June, and another on 7/19/24 that was applied to the amounts due for the *** premium obtained by FinBe USA during the time period that the consumer did not maintain her own coverage. 
  
  Afterwards,the consumer contacted FinBe USA disputing having to pay the past due *** amounts referenced herein, and this complaint was received on 8/6/24.
  
  After receipt of the complaint, FinBe USA Assistant VP of Collections, ***************************** spoke with the consumer to provide further explanation of the amounts due for the *** premium, and provided her with a copy of the Contract and specific terms both requiring the consumer to insure the vehicle, and permitting FinBe USA to obtain its own coverage and assess the premium charges to the consumer in the event that she does not. During a call with ******************** on 8/15/24, the consumer stated that she understood her obligations and would ensure that she would maintain coverage to avoid future charges.  FinBe USA offered the consumer a payment deferment to bring the account current, and the consumer proceeded to make her regular monthly payment on 8/16/24 in the amount of $630.59.  The consumer further agreed to pay off the remaining $193.00 balance owed for the *** policy obtained by FinBe USA on 8/30/24. 
  
  In sum, FinBe USAs review of the account confirms that the lender-placed *** was obtained in accordance with the agreed-upon terms of the Contract and relevant law, and that payments, and a subsequent refund once the consumer obtained her own coverage, were applied properly.  FinBe USAs Assistant VP of Collections made direct contact with the consumer to offer payment assistance options to resolve the past due *** charges and bring the account current, and the consumer confirmed her understanding that the *** premium, was in fact, due and owing, and was satisfied with the resolution provided by FinBe USAs customer service team.  ********************** confirms that once the agreed upon payment for *** is received and the payment deferment form is returned, the loan will be current with no past due amounts owed for the *** policy.
  
  As FinBe USA has fulfilled the consumers desired resolution as stated in the complaint, it believes that this matter should be closed. 
  
  If there are any questions from the BBB concerning this response, please reach out directly to me.
  
  
  Regards,
  **********************************
  ************
  **********************************************
  
  

• Initial Complaint

  08/02/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I am not liable for this debt with (original creditor). I do not have a contract with FINBE USA. They also did not provide me with the original contract information I requested. I never had an account with them. My identity was stolen. ****************** has removed this account. TransUnion denied my request.

  

  Business response

  08/14/2024

  Dear BBB,
  
  On 8/2/24, FinBe USA, formerly Credito Real USA Finance LLC and AFS Acceptance,LLC (FinBe USA) received the consumers complaint alleging refund or exchange issues, and claiming that the consumer is not liable for debt with (original creditor).  The complaint states that the the consumer does not have a contract with FinBe USA and was not provided a contract or ever had an account with them, and claims her identity was stolen.  The complaint further states that ********* and Equifax removed this account, but Transunion denied [her] request, and attaches a letter sent to TransUnion entitled Method of Verification/FAILURE TO VALIDATE DEBT. The consumers desired resolution is correction to a credit report.
  
  To investigate the consumers claims, FinBe USA first reviewed its customer database, and confirmed an open account in the consumers name.  The customer information on the account matches the personal information provided by the consumer in her complaint (name, ***, SSN).   FinBe USA is an indirect auto lender who purchased, and was assigned the retail installment contract (the Contract) and security agreement for the purchase of a 2015 ************* C-Class (the Vehicle) from dealership ************** (the Dealer) in Slidell, LA on or about 10/27/21.  A copy of the retail installment contract,executed by the complainant consumer (with assignment to FInBe USA f/k/a Credito Real USA Finance, LLC) is submitted with this response. 
  
  At the time of financing, the consumer completed and signed a credit application with the Dealer and a separate Credit Application Addendum with FinBe USA (formerly Credito Real) that expressly permits FinBe USA to obtain credit reports and release information about the consumers credit experience.  Copies of the credit application and Credito Real Credit Application Addendum are submitted with this response.  Notably, the credit application provides the same SSN and *** as stated in the complaint.  Moreover, the FinBe USA account notes reflect that a history of inbound calls from the consumer to FinBe USA from the phone number provided in the complaint *************) discussing her account and the Vehicle.
  
  The loan payment history shows that the consumer has made twenty-three total payments on the loan.  A copy of the loan payment history is provided with this response. The account notes reflect several communications with the consumer wherein FinBe USA made efforts to keep the consumers account performing with payment assistance options.  Specifically, the customer has requested, and been provided three payment deferrals/extensions and a loan modification that brought the account current and lowered her interest rate and payment amount.  Unfortunately, no payments have been made since the consumer was provided her most recent payment deferral on 4/8/24.  Interestingly, the *** Identity Theft Report submitted with the complaint states that the Date [the consumer] discovered [fraud] as 10/2021 (when the loan was originated), but that the Date fraud began was 4/2024.  As such, it would appear that the consumer does not contend that the origination of the loan or any account activity prior to April 2024 (when she stopped making payments) was fraudulent or the result of identity theft.
  
  After the consumer stopped making payments in April 2024,she began submitting credit disputes which FinBe USA received through the e-OSCAR system.  Critically, in the most recent dispute received by FinBe USA on 8-3-24 (submitted with this response), the consumer included a copy of her drivers license, which is identical to the drivers license in *********************** loan file, which was received from the Dealer at the time the loan and account were originated in October 2021 (compare Docs Submitted with Response.pdf at pg. 10 (Drivers License in loan origination file) and  pg. 18 (8/3/24 ACDV).
  
  Review of the reporting history of the loan reflect that FinBe USA has furnished accurate information on the account.  To investigate the consumers claims regarding how the account is being reported by the credit reporting agencies (****), FinBe USA submitted requests to TransUnion and Experian to open a case to look into its reporting on the account. As of the date of this response, ********** has not responded to our request to investigate the consumers claims and Experian confirmed that the account was deleted due to address 1024 Inca ** was disputed as fraud.  However, FinBe USAs records do not support the consumers allegations of fraud; rather, the 1024 Inca *** address was provided by the consumer as her billing information for payments and is the address to which the Vehicle is registered. 
  
  For the reasons provided herein, FinBe USA disputes claims that the consumers account with ********************** was fraudulent or opened without her authorization as the documentation provided with this response refutes any such claims.  Moreover, FinBe USA affirmatively states that it has reported the account accurately, and declines to submit a request to the **** to make any corrections to its reporting history or delete the account from the consumers credit report. 
  
  Despite the payment assistance provided by FinBe USA, as of 8/14/24, the account is 113 days and $2865.08 past due (see pay history submitted with this response).  As FinBe USA has honored a cease and desist request received from the consumer in June 2024 and has since ceased all communications, FinBe USA encourages the consumer to contact FinBe USA to discuss possible payment arrangements to bring her account current or to provide the location of the vehicle in order for FinBe USA to recover the vehicle as permitted under contract and relevant law as the valid first lienholder due to the accounts delinquency. 
  
  In sum, for the reasons stated herein, it is our position that this matter should be closed.  If there are any questions, the BBB may reach out directly to me.
  
  Regards,
  **********************************
  
  
  
  
  
  
  
  

• Initial Complaint

  07/27/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  This was paid on time for almost 3 yrs and then totaled out. First of all I never got a contract, original purchase price was almost ******, the *********** registration was not legal due to it had credit company scratched out and handwritten for the creditor, they took it and registered it which they shouldn't have, it was National Auto Acceptance on the title registration and bill of sale, payment was sent to ********** even though it stated *********************, La we never received a notice that payment company name or address has been changed. They came to my home wanting to take pictures of my house which they have not had any authority to do. We paid ******* down payment on the automobile but was not given credit for that, because we never received a contract. I have receipts for that and the original purchase price was ****** they are reporting that I owe almost ******. They are still adding interest to a charged off account (which is also illegal) this was bought for my son for graduation and he made the payments not me, but that's beside the point it's not in his name but if it was they would have been reported before now. I'm not thru with them but I wanted to update the BBB for other consumers. I am not uploading my receipts here but I will be sending them to the credit bureau. It was bought from a used car dealer here in ****** ** called Car's IV. They have recently changed their name after 20yrs of having the same one. It was a 2014 Dodge Charger with only ****** miles on it. Purchased in October 2016.

  

  Business response

  08/08/2024

  Dear BBB,
  
  On 7/28/23, FinBe USA, formerly Credito Real USA Finance LLC and AFS Acceptance LLC (FinBe USA) received the consumers complaint alleging various issues regarding her auto loan account.  The complaint alleges that the consumer never received a contract, that tag & title registration was not legal, that the consumer never received notice that payment company name or address had changed, that they came to [the consumers]home wanting to take pictures of [her] house which they have not had any authority to do, and that they are still adding interest to a charged off account.  The consumers desired resolution is correction to her credit report.
  
  On or about 10/8/16 the consumer entered a retail installment contract and security agreement for the consumers 10/8/16 pur***** of a used 2014 Dodge Charger from dealership Imperial Cars IV in ******, **, that was assigned to National Auto Acceptance at the time of pur*****.  A copy of retail installment contract and sales agreement (RIC) is submitted with this response.  Thereafter, on 10/27/16, NAA sold and assigned the account to ********************** (formerly AFS Acceptance LLC).  Contrary to the consumers claims, a copy of the Welcome Letter advising her of the sale and transfer of her account was sent on or about 12/13/16 to the consumer address on file, which matches the address provided by the complaint.  A copy of the 12/13/16 Welcome Letter is submitted with this response.
  
  At the time of pur*****, the consumer executed a power of attorney to National Auto Acceptance to execute, among other things, documents necessary to effect registration, transfer of title and other things as may be proper pertaining to the title or licensing of the motor vehicle.  Review of the loan file does reflect that an Application for Certificate of Title was generated initially stating National Auto Acceptance as the 1st lienholder, with their contact information provided therein, which was crossed out and AFS was handwritten in its place due to the aforementioned sale and transfer of the account, and the State of Mississippi issued title to AFS Acceptance LLC (now FinBe USA).  While the form application states to Prepare Application Using Typewriter or Computer Printer Only, FinBe USA disputes the consumers claim that tag & title registration was not legal as the application was accepted by the State of Mississippi and the vehicle was successfully registered and titled with AFS Acceptance as the stated lienholder.
  
  FinBe USAs records reflect that the consumer regularly communicated with FinBe USA (then AFS Acceptance) after the account was transferred and made her regular monthly payments to FinBe USA as stated in the complaint.  In total, 35 monthly payments were made on the account, though the payments were typically late, and the account was regularly 30+ days past due.  The last payment made by the consumer was on 10/17/19 to close out her payment due 9/8/19 (see account pay history submitted with this response).  Due to the delinquency, a repossession order was placed on the account; however, the account notes show that the consumer did not surrender the vehicle or provide its location, which resulted in the order of a field ***** in an attempt to locate and rightfully repossess the vehicle pursuant to the terms of the contract and in accordance with relevant law.  FinBe USA denies that the order of the field ***** to locate and recover the vehicle which may have resulted in the purported pictures of [the consumers] house violated any law.  The account was charged off on 2/28/20, and eventually, repossession efforts were abandoned after FinBe USA could not locate the vehicle.
  
  To further investigate the consumers claims regarding the credit reporting on the account, ********************** reviewed its credit reporting on the account which accurately reports the account as charged off.  Contrary to the consumers claim that [FinBe USA is] still adding interest to a charged off account (which is also illegal)it is well settled that a creditors charge off of an account does not mean that the creditor has agreed to waive the right to assess additional interest otherwise permitted by the credit agreement. See LVNV Funding, LLC *****************, 527 SW3d 128, 138 (Mo. Ct. App. 2017).  As courts across the country have explained,this is because creditors do not voluntarily choose to charge off delinquent accounts, but are required to do so by federal regulations.   See ***** v. Portfolio Recovery Assocs., LLC, No. 14-2149-JTM, 2014 U.S. Dist. ***** ******, 2014 WL *******, at *2 (D. Kan. Nov. 12, 2014).
  
  While FinBe USA affirmatively states that the accounts reporting is accurate and there was no wrongdoing on the account, in an effort to resolve the consumers complaint, on 8/8/24, FinBe USA submitted an Automated Universal Dataform (AUD) to the credit reporting agencies (CRA) to delete the tradeline so that it no longer appears on the consumers credit report, in accordance with her desired resolution.  The deletion of the tradeline does not waive or release any rights to collect on any outstanding debt, to the extent it is still collectible and due and owing under relevant law.
  
  For the foregoing reasons, it is our position that this matter should be closed as resolved.
  
  If there are any questions, the BBB may reach out directly to me.
  
  
  Regards,
  **********************************
  

• Initial Complaint

  07/11/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I am not liable for this debt with FINBE, I don't have a contract with FINBE, and they did not provide me with the original contract as I requested

  

  Business response

  07/12/2024

  Dear BBB,
  
  On 7/11/24, FinBe USA, formerly Credito Real USA Finance LLC (FinBe USA)received the consumers complaint alleging that he is not liable for his debt with FinBe USA. More specifically, the consumer claims that he does not have a contract with FinBe USA and they did not provide [the consumer] with the original contract as requested. The consumers desired resolution is removal of the account from the consumers credit report.
  
  To investigate the consumers claims, FinBe USA first reviewed its customer database, and confirmed a ********************** account originated in ******* under the consumers name.  The consumers phone number on file matches that which was stated in the complaint. FinBe USA is an indirect auto lender who purchased, and was assigned the retail installment contract (the Contract)and security agreement for the purchase of a 2017 **** Fusion (the Vehicle)from dealership AJs ********* (the Dealer) in ********, ** on 2/4/22.  A copy of the retail installment contract,executed by the consumer with assignment to FinBe USA f/k/a Credito Real USA Finance is submitted with this response.  Contrary to the claims raised in the complaint, FinBe USA's account notes do not reflect any prior requests from the consumer for a copy of the contract.  
  
  At the time of financing, the consumer signed a credit application with the Dealer and a separate Credit Application Addendum with FinBe USA (formerly Credito Real USA Finance) which expressly permits FinBe USA to obtain credit reports and release information about the consumers credit experience.  Copies of the credit application and Credito Real USA Finance Addendum are submitted with this response.
  
  The loan payment history shows that the consumer made only one payment before defaulting on the loan. The account notes reflect that FinBe USA offered payment assistance but the arrangements were broken by the consumer. After just one payment was made, the consumer filed for bankruptcy and the account was charged off in August ********************************************************************* October 2022.  FinBe USA reviewed the credit reporting history and confirmed that reporting was ceased after the bankruptcy was filed after last reporting the debt accurately as 90+ DPD.
  
  In sum,for the reasons stated herein, it is our position that this matter should be closed.  FinBe USA confirmed that the consumer was a FinBe USA customer who authorized ********************** to report the payment history on the account, and confirmed that it has reported the account accurately.  Specifically, FinBe USA ceased reporting on the account as of the effective date of the bankruptcy and subsequent sale of the debt, and has not made any attempts to collect on the debt since the consumer filed for bankruptcy and the account was sold.  Therefore, it does not contend that it has a right to collect on the account or that the consumer is liable to FinBe USA for the debt as claimed in the complaint.
  
  If there are any questions, please reach out directly to me.
  
  
  Regards,
  **********************************
  
  
  
  
  
  
  

• Initial Complaint

  07/06/2024

  Complaint Type:

  Order Issues

  Status:

  Resolved

  More info

  I am not liable for the debt with f ***** e u s a. I do not have a contract with this agency. They did not provide me with the original contract as requested

  

  Business response

  07/08/2024

  Dear BBB,
  
  On 7/7/24, FinBe USA, formerly Credito Real USA Finance LLC and AFS Acceptance LLC (FinBe USA) received the consumers complaint alleging that he is not liable for his debt with FInBe USA. More specifically, the consumer claims that he does not have a contract with this agency and they did not provide [the consumer] with the original contract as requested. The consumers desired resolution is [c]orrections to my credit report [and] demand this account be removed from [the consumers] credit report!
  
  To investigate the consumers claims, FinBe USA first reviewed its customer database, and confirmed a ********************** account wherein the consumer is a co-borrower with primary customer, ***********************.  The consumers email address on file matches that which was stated in the complaint.  FinBe USA is an indirect auto lender who purchased, and was assigned the retail installment contract (the Contract) and security agreement for the purchase of a 2008 Dodge Nitro-V6 truck (the Vehicle) from dealership International Auto Sales (the Dealer) in *******, ** on or about 5/2/17.  A copy of the retail installment contract,executed by ************** and the consumer (with assignment to FinBe USA f/k/a AFS Acceptance, LLC on p. 6) is submitted with this response. 
  
  At the time of financing, the consumer and ************** completed and signed a credit application with the Dealer and a separate Credit Application Addendum with FinBe USA (formerly AFS Acceptance) which expressly permits FinBe USA to obtain credit reports and release information about the consumers credit experience.  Copies of the credit application and AFS Acceptance Credit Application Addendum are submitted with this response.
  
  The loan payment history shows that the consumer and ************** (co-obligors/co-borrowers on the loan) made a total of 18 payments on the loan.  The account notes reflect efforts by FinBe USA to work with ************** and the consumer to bring the account current, including a deferment/payment extension in December 2018. Unfortunately, no further payments were made after the deferment, and after ************** agreed to surrender the vehicle, the vehicle was repossessed in January 2019 and the loan was charged off in March 2019 with FinBe USA reporting the account as such to the credit reporting agencies (CRAs). 
  
  Before receiving the instant complaint on, FinBe USA received an indirect credit dispute from Experian regarding the consumers account through the **OSCAR ******** on 3/20/24, to which it timely investigated and responded, verifying the account information as accurate.  
  
  In sum, for the reasons stated herein, it is our position that this matter should be closed.  FinBe USA confirmed that the consumer was a FinBe USA customer who authorized ********************** to report the payment history on the account, and confirmed that it has reported the account accurately. 
  
  If there are any questions, please reach out directly to me.
  
  Regards,
  **********************************
  
  

  Customer response

  07/24/2024

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  
  Sincerely,
  
  *************************

  Customer response

  07/24/2024

  I do not have any files of this transaction due to my apartment burning down

  Customer response

  07/24/2024

  I do not have any information due to the burning down of my apartment

  Customer response

  07/24/2024

  i do not have information on this due to my apartment burning down

  Customer response

  07/24/2024

  I do not have information on this due to my apartment burning down

• Initial Complaint

  05/21/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I am not liable for this **** with charter communications, I do not have contract with FINBE **** they did not provide me with the original contract as i requested.

  

  Business response

  05/28/2024

  
  Dear BBB,
  
  On 5/21/24, FinBe USA, formerly Credito Real USA Finance LLC (FinBe USA) received the consumers complaint alleging a contract dispute and that the consumer do[es]not have contract with FINBE **** they did not provide me with the original contract as [the consumer] requested.  The consumers desired resolution is for correction to the consumers credit report and a demand for the account to be removed from the consumers credit report.
  
  
  To investigate the customers claims, ********************** first reviewed its customer database, and confirmed that the complainant is a past FinBe USA customer.  ********************** is an indirect auto lender, who purchased and was assigned a retail installment contract for the consumers purchase of a 2017 Kia ****** through dealership, Ellas ***************** on or about 10/7/22.  To complete the financing of the vehicle, the customer submitted and executed numerous documents and agreements to Credito Real, including a Credit Application and Credit Application Addendum with Credito Real. Notably, the Credit Application Addendum expressly authorizes FinBe USA to release information about [FinBe USAs] credit experience with [the consumer]. Copies of the aforementioned documents are submitted with this response.
  
  To further investigate the consumers claims, FinBe USA reviewed the account payment history and historical credit reporting of the loan.  The payment history submitted with this response shows that the consumer immediately fell behind on the loan after the account was initiated in October 2022 and made a total of only 2 payments.   The account notes reflect that the consumer was provided a due date change upon request, but only made one further payment, and the vehicle was eventually repossessed after it was abandoned by the consumer.  The account was charged off in May 2023.  FinBe USA reviewed the reporting history of the account on its loan management software and the credit bureaus (through Experian Bullseye without pulling a report or an inquiry) and confirmed that the account is being reported correctly. Moreover, contrary to the claims in the complaint, the account notes do not reflect a prior complaint from the consumer or prior request from the consumer for a copy of the relevant retail installment sales contract, but a copy of the contract is submitted with this response.
  
  Lastly, to the extent the letter submitted by the consumer in her complaint alleges any violation by FinBe USA of the federal Fair Credit Reporting Act, 15 USC 1681 et seq. (FCRA), FinBe USA affirmatively states that it committed no violation, adequately investigated the consumers claims and is not a credit reporting agency (CRA) as alleged by the consumer, but rather, a data furnisher who provides information about consumer credit activity to CRAs. 
  
  Based upon the results of our investigation and documentation provided with this response, the consumers claims are without merit.  FinBe USAs investigation confirmed that the complainant was the borrower of an auto loan financed and held by FinBe USA (f/k/a Credito Real USA Finance LLC) that was opened in October 2022 and charged off in May 2023 after just two payments were received.  FinBe USAs investigation further confirmed that it has reported the account accurately to the CRAs.  Accordingly, it is our position that this matter should be closed as resolved.
  
  If there are any questions, the BBB can reach out directly to me.
  
  
  Regards,
  **********************************
  
  

• Initial Complaint

  04/17/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  This is a very shady company. They call you the day before the payment is due and the day the payment is due. My car was totaled out and I did not have ************** After the company received the check rom the insurance company **************** reps continued to make harrasing and threatening phone calls and demanding that I make my regular monthly payments and continued to charge late fees. I take with management about making payments of 100 dollars a month until the balance is paid off they demanded that I make a payment today for 150. dollars. I told them that the monies that they had received should have covered that payment. Staff and management are heartless and very unprofessional. Another complaint that I had with this company is that you can skip a payment after 6 months or move it too the end of your contract. When you call to discuss this with staff. They talk disrespectful to you. Stay away from Finbe USA. Terrible company.

  

  Business response

  04/30/2024

  Dear BBB,
  
  On 4/17/24, FinBe USA, formerly Credito Real USA Finance LLC and AFS Acceptance, LLC (FinBe USA) received the consumer complaint alleging customer service issues related to her ********************** auto loan.  More specifically, the complaint claims that FinBe USA has harassed the consumer, demanded regular monthly payments and assessed late fees after the consumers vehicle was totaled and a loan balance remained due to the consumer not maintaining a GAP insurance policy.  The consumer claims that he spoke with FinBe USA management regarding making $100 monthly payments until the balance as paid off, but that they demanded [the consumer] make a payment today for 150.  The consumer contends that the monies that they had received should have covered that payment.  The complaint further states another complaint [with FinBe USA] is that you can skip a payment after 6 months or move it to[] the end of your contract. 
  
  To investigate the customers claims, FinBe USA reviewed the loan documents, account notes and communications with the customer, and responds to the customers complaint as follows.  
  
  FinBe USA is an indirect auto lender who was assigned the retail installment contract and security agreement for the consumers purchase of a used 2019 ******************** from dealer, ********************* ************ in **********, AL ******** on or about 6/24/23.  Shortly after the account was opened, the consumer fell behind by failing to timely his payment due 12/25/23.  After bringing the account current, ********************** accommodated the consumers second request for a payment due date change after previously being provided one near the time of account origination moving the next payment due date from 2/25/24 to 3/5/24; however, on or about 2/22/24, the consumer requested a payment deferment, which was eventually granted on or about 3/19/24, thereby making his next payment due 4/5/24. 
  
  While investigating the claims raised in this complaint, FinBe USA noted that a late charge was assessed to the account on 3/15/24 while the deferment was still pending.  Because the deferment was timely submitted by the consumer, and eventually approved, this late fee in the amount of $26.05 was reversed and credited to the account on 4/29/24.  A copy of the loan payment history is submitted with this response.
  
  The account notes show that on 3/27/24, FinBe USA was first notified of a loss involving the consumers vehicle that occurred on 3/21/24.  As acknowledged, the consumer did not maintain GAP insurance, and unfortunately,the payout from the consumers insurance claim left a remaining balance on the account that is still due and payable by the consumer to FinBe USA. 
  
  The account notes reflect an incoming call from the consumer on 4/4/24 discussing a possible negotiation of the remaining deficiency balance, and the FinBe USA agent informing him that it would need to receive the insurance proceeds before discussing any potential short payoff, and also provided an option of re-amortization for the outstanding amounts due.  Meanwhile, the consumer did not timely make his next installment due 4/5/24.
  
  On 4/11/24, FinBe USA received an incoming call from the consumer asking why he was receiving calls and emails from FinBe USA, and was informed that his deferred installment due 4/5/24 was now past due,and was reminded that even while the insurance payment remained pending, the payment was still due.  Shortly after the call, on 4/11/24 the consumer then sent an email requesting a cease and desist of all calls and texts, alleging that the last two calls are harassing communication.  FinBe USA affirmatively states that the routine collection calls and texts were expressly authorized by the consumer by signing the Credit Application Addendum, which is submitted with this complaint.  Nevertheless, the account was notated to cease and desist communications with the consumer and FinBe USAs records do now show that any outbound communications have been made with the consumer since. 
  
  On the same date, 4/11/24, FinBe USA osted the insurance proceeds received in the amount of $17,087.57 to the consumers account, leaving a remaining balance payoff of $6,711.61 (as of 4/17/24).
  
  FinBe USA received an inbound call from the consumer on 4/17/24, requesting to speak with a manager to discuss a re-amortization of the outstanding account balance.  To assist the consumer, FinBe USA offered a payment plan of $150.00 per month to pay off the remaining balance a significant reduction from the normal monthly payment amount of $520.92 but the consumer advised he could not make that payment until next month and could only pay $100,as stated in the complaint.  The call ended without any payment arrangements made, and the consumer stating that he would pay what he can probably on the 15th of next month.  FinBe USA received the instant complaint on the same day, 4/17/24.
  
  FinBe USA apologizes for any purported harassment, but affirmatively states that the relevant collections communications were permissible in accordance with relevant law and expressly authorized by the consumer.  The consumers cease and desist request has been honored, and the account still remains past due for the deferred payment due 4/5/24 with a payoff balance as of todays date of $67189.46.
  
  FinBe USA would like to work with the consumer towards a resolution of the remaining account balance and past due payment, and encourages him to reach out directly to ***************************** at ****************************************** or ************ to discuss settlement of the remaining account balance due to FinBe USA, including payment plan options.
  
  As a reminder to the consumer, we will need him to reach out to directly to ****************** or FinBe USA customer service to discuss resolution, as we will continue to honor the cease and desist.
  
  For the above-mentioned reasons, FinBe USA believes this matter should be closed as resolved.
  
  
  Regards,
  **********************************
  
  

  

  Business response

  05/01/2024

  Reviewing the response to this complaint submitted yesterday, I noticed an error.

  The response stated that "[t]he consumers cease and desist request has been honored, and the account still remains past due for the deferred payment due 4/5/24 with a payoff balance as of todays date of $67189.46."

  There was an extra digit inadvertently added to the payoff amount.  The correct payoff amount (now through today's date, 5/1/24) is $6722.06.

  Please have this information passed on to the consumer.  As stated in the complaint, we will continue to honor the customer's cease and desist request, and Mr. ***************************** is awaiting a call from the consumer to discuss options to resolve the outstanding balance.

  Thank you.

• Initial Complaint

  02/08/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I purchased a 2015 Chevrolet Camaro priced at $16,040. That was the original finance price upon signing with a $3500 down payment which left a balance of $13,079. The payments were made in the amount of $398.98 every month on time. Before the payment was due I received numerous calls and emails from the creditors which originally were Credito Real ***. The last payment made to them was in May of 2022 in which the car was broken into in an attempt to be stolen. The vehicle was damaged because of wires being severed in an attempt of being stolen. There was a report made to the insurance company whom were at the time was *************************** They never had anyone come out to access the claim being Covid 19 protocols. This in turn caused me to be left with a non working unrepaired vehicle. This was my only form of transportation which left me unable to return to work & unable to in turn make payments on my vehicle. Credito Real was informed of this as well. They agreed to work with me on the matter via phone conversations. This never occurred. The vehicle was removed from my home unbeknownst to me in July of 2022. I tried to contact Credito Real *** with no avail or return calls. I had no knowledge of my vehicle whereabouts which still had very valuable belongings of mine in them. The vehicle had modifications after purchase included new 22 inch rims and tires, body work, stereo equipment, and my personal information including SS cards and other valuables. I lost of all of my belongings and I contacted the company about this only to have someone reach out to me to inform me that the vehicle had been sold & the prorated amount after purchase would reflect my balance owed. This never happened. I asked about retrieving my property in which I was given a non-working number for a recovery company. I tried to reach out again and at that time there was no number found for contact for Credito Real. The company continued to report to the late payments after selling until 2023.

  

  Business response

  02/12/2024

  Dear BBB,
  
  On 2/9/24, FinBe USA, formerly, Credito Real USA Finance LLC (FinBe) received the consumers complaint regarding the loss of her vehicle.  Specifically, the consumer claims she informed FinBe USA that her vehicle was stolen and rendered inoperable, and was purportedly told that FinBe USA would work with [her] on the matter, but this supposedly never occurred and the vehicle was removed from [her] home unbeknownst to [her].  She further claims attempted contacts to FinBe USA were to no avail and when asked about retrieving her belongings, was allegedly given a nonworking number to a recovery company and was told the vehicle was sold.  The complaint states that FinBe USA continued to report to the late payments after selling until 2023.  The consumers desired resolution is for Correction to a credit report and Modification/discontinuance of an advertised claim.
  
  FinBe USA is an indirect auto lender who purchased, and was assigned the retail installment sales contract for the consumers purchase of a used 2015 Chevrolet Camaro from dealership ******************* in ********, ** on or about 10/1/21. A copy of the retail installment contract with assignment to FinBe (formerly Credito Real USA Finance) is submitted with this response,and correctly reflects the amount financed ($13,079.00) and monthly payment amount ($398.98) stated in the complaint.
  
  To investigate the consumers claims, FinBe reviewed the relevant Contract, payment history, account notes and communications with the customer. 
  
  Shortly after the loan was originated and the first two payments were made, the consumer began falling behind on her payments starting with the third payment due 12/31/21.  This triggered the mailing of a Notice of Right to Cure letter that was mailed to the consumer on or about 1/10/22.  A copy of the 1/10/22 letter and account payment history is submitted with this response.  After the customers last payment made towards the loan on 4/27/22, (not May ***************** the complaint-see attached Pay History), the account notes indicate several attempts throughout the months of June, July, and August ******************************* efforts to offer assistance to help her keep the vehicle.  However, no successful contact was made to the customer.  Eventually, due to lack of communication from the customer and the loan being over four months past due, a repossession was ordered on 9/1/22 and the vehicle was recovered from the consumers home (the same address as stated on the complaint) on or about 9/18/22.  The communication efforts and 9/18/22 repossession of the vehicle from the consumers home seemingly conflict with the complaints claims that: (i) The vehicle was removed from [the consumers] home unbeknownst to me in July of 2022 (2) [the consumer] tried to contact Credito Real *** with no avail or return calls, and; (3) [the consumer] had no knowledge of my vehicle whereabouts which still had very valuable belongings of mine in them.  The account notes further do not reflect that FinBe USA was timely informed of the purported May 2022 break-in and attempted theft of the vehicle and FinBe USA never received any notification of an insurance claim.
  
  Eventually on 9/30/22, FinBe USA received a call from the consumer stating that her vehicle had been stolen along with her belongings (at an unspecified  date) and that the vehicle wiring and alarm were damaged.  The consumer was informed that the loan was set to be charged off later that day,and that the charge off and sale of the recovered vehicle may be delayed if she were able to make just one of her many past due monthly payments.  The notes memorializing the call indicate that the consumer [s]aid that she will see what she can do and call [the representative]back, and FinBe USAs collection manager sent the consumer an email with his direct contact information so she could forward insurance information related to her claim.  However, the account notes do not reflect any further contact from the customer around the relevant timeframe and the vehicle was eventually sold at auction.  The consumer did not contact FinBe again until placing a call on 6/12/23 which indicates that she hung up while being transferred to a manager.  The consumer also filed a number of credit disputes which were timely investigated and responded to by FinBe USA, verifying that the reporting of the loan is accurate.
  
  In investigating this complaint, FinBe USA again reviewed the credit reporting history of the account which accurately reflects the 7 total payments made towards the loan, and the loan being reported as charged off effective 9/30/22.
  
  In sum, FinBe USAs investigation did not reveal any wrongdoing, and in fact, its records contradict many claims made in the complaint.  FinBe USAs attempts to contact the customer for several months to provide assistance after she stopped making payments went without response, eventually resulting in repossession from her residence nearly 5 months after her last payment was made.  When FinBe USA finally heard from the consumer after the vehicle was recovered, she was provided an opportunity to avoid charge off and sale of the vehicle with just one payment, but did not do so.  The vehicle was eventually sold and the consumer did not contact FinBe USA for nearly 7 months thereafter.  Moreover, review of the credit reporting history of the loan confirms that the loan has been reported accurately.
  
  For the foregoing reasons, it is our position that this matter should be closed as resolved.
  
  If there are any questions, please reach out directly to me.
  
  
  Regards,
  **********************************
  ************
  **********************************************
  

  Customer response

  02/13/2024

   
  Complaint: 21266959
  
  I am rejecting this response because: Finbe USA has made several changes to the credit report alternating the balances. There were decreases and increases as well as notifications of failures to make payments which continously resulted in credit discrepancies. The amount of the vehicle sale was never adjusted to the balance. There was a property loss of over **** dollars which included rims,tires, and stereo equipment alterations done on the vehicle. I was never confiscated for that or able to retrieve these valuables. Finbe was notified of the damages to the vehicle and given contact information for progressive insurance to verify the said claim. I want my belongings or compensation for the loss of my belongings due to repossession. Also the accurate balance updated on the account with the sale price included in the decrease of amounts owed. This is fair. The payment made in April consists of ***** payment as well being that it was paid in access of $800! 
  
  Sincerely,
  
  *******************************

  

  Business response

  02/16/2024

  Dear BBB,
  
  On 2/13/24, FinBe USA received notification that the consumer rejected its response.  The following servers as FinBe USAs response addressing each of the claims raised in the consumers response:
  
  Primarily, the consumer claims: I am rejecting this response because: Finbe USA has made several changes to the credit report alternating the balances. There were decreases and increases as well as notifications of failures to make payments which continously resulted in credit discrepancies. The amount of the vehicle sale was never adjusted to the balance.  The response further requests  Also the accurate balance updated on the account with the sale price included in the decrease of amounts owed.
  
  The deficiency letter sent to the consumer on 11/30/22 clearly reflects that the balance and amount owed on the loan was reduced by the amount recovered from sale of the vehicle at auction. A copy of the letter is submitted with this response.  In investigating this complaint, FinBe USA confirmed that the account balance was being reported accurately as $11,497, which is in fact, slightly less than the balance due/surplus after sale reflected in the deficiency letter which provides a breakdown of the amounts.  Accordingly, FinBe USA rejects the consumers claim that it has reported the balance incorrectly or failed to adjust the balance from sale proceeds.
  
  Next, the consumers response claims There was a property loss of over **** dollars which included rims,tires, and stereo equipment alterations done on the vehicle. I was never confiscated for that or able to retrieve these valuables. Finbe was notified of the damages to the vehicle and given contact information for progressive insurance to verify the said claim. I want my belongings or compensation for the loss of my belongings due to repossession.
  
  As stated in its response and confirmed by its insurance claims manager, FinBe USA was not timely informed of the purported May 2022 break-in and attempted theft of the vehicle and FinBe USA never received any notification of an insurance claim. FinBe USAs attempts to contact the customer prior to repossession went without response for several months.  As stated in the response, after the vehicle was repossessed on 9/18/22from the consumers home, no lessshe finally reached out to FinBe USA on 9/30/22 and conveyed interest in reinstating the loan. However, she never did so, and FinBes attempts to contact the consumer prior to the eventual sale of the vehicle on 11/22/22 went without response.  FinBe USAs records do not show that the consumer attempted to contact FinBe USA to arrange for pickup of her personal belongings, and the items cited in the complaint upgraded wheels and tires and stereo equipment do not constitute recoverable personal belongings, but are fixtures of the vehicle. As such, to the extent the consumer claims that she should be compensatedfor her belongings, FinBe USA rejects this claim for the reasons stated herein.
  
  For the foregoing reasons, it is our position that this matter should be closed as resolved. The payment history clearly shows that the consumer stopped paying her loan after her last payment in April 2022, and the documentation submitted with this response evidences that FinBe took all appropriate action in accordance with relevant law to repossess the vehicle,and has reported accurately to the credit reporting agencies.  The consumer made no efforts to collect any recoverable personal belongings after the vehicle was repossessed and did not respond to any follow up contact from FinBe USA prior to sale of the vehicle.
  
  If there are any questions, please reach out directly to me.
  
  Regards,
  **********************************
  ************
  **********************************************
  

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩