Complaints

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• Initial Complaint

  Date:06/06/2024

  Type:Customer Service Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I paid 6000 cash down payment for the car and western funding finances the rest. The car was only 9900 and they repoed my car because I made my first payment late. I made the $215.86 on the 15th day it was due on the 05/16/2024 and I made it on the 31st of May. On the contract it states that if you make it on the 15th day. They took my payment on the 31st and on the same exact day they issue for it to be repoed and came and took it on 06/04/2024 and stated the dealer by back paperwork was already issued and when the dealer that sold me the car (lease smart)/Fullerton auto sales pay the money back that they financed me for they will own the vehicle again and I have to negotiate with the dealer. I contacted the dealer lease smart and they did nothing but told me my money is down the drain and they will try to refinance me through another bank and do I have any money to put down. They also kept saying the contract stated that if you miss your first payment or is late paying which they stated it says something about first payment default and the contract only states in the default section that if you default on the or fail to perform any obligation of the contract you are at risk of repo and a bunch of other remedies as they call it in the contract. Lease Smart also told me if I had made the payment on the 30th which would have been the 14th day they would not have repoed the vehicle but the contract says within 15 days anything after that a late charge is assessed not a repo. Also I spoke to several customer service representative about making my payment late none of the reps warned me or said Ms ********* by making the payment late you may be up for repossession or if you make the payment pass the 14th day being late you may be up for repossessions. It’s nothing at all that states if you make your first payment late or miss the payment your vehicle will be repossessed.

  Business Response

  Date: 06/17/2024

  LeaseSmart in under a master dealer agreement with Western Funding, since Western Funding had not received Ms. ********* payment as of 12 am 5/31/24, LeaseSmart, as the dealership, was liable for a “Recourse Event” (please see attached) and received a demand letter (attached) requiring them to accept the reassignment of this vehicle.  They were required to pay off the vehicle in full to Western Funding. Dealership representatives were in touch with Ms. ********* and even had a 3-way call with Western Funding where their representative also explained that the failure to make her first payment resulted in a default on her loan.  While we understand the frustration of the default, the dealership staff did attempt to assist Ms. ********* with refinancing the loan with another lender (Credit Acceptance Corporation), but she was unable or unwilling to follow through on the needed items to finance the vehicle with another lender.  As of 6/4/2024, Western Funding had charged the dealership for the loan, Ms. ********* had not been refinanced or surrendered the car and the dealership pursued their right to repossess the vehicle.  The vehicle was picked up by Affordable Towing Recovery and held until 6/9/24 when they had to have another key made since Ms. ********* would not provide the key.  The dealership had to incur the expense of a duplicate key, pay the storage fees at the tow lot and pay for cleaning the vehicle after it was retrieved.   
  Sincerely,
  LeaseSmart, Inc. 

  Customer Answer

  Date: 06/21/2024

  
  Complaint: ********
  
  I am rejecting this response because: They are lying I have the receipt to prove that payment was made on the 15th day which was the 31st of May not after 12am because that would have been the 16th day which would have been 06/01. I made it way before 12am and have the proof. I have the receipts and the thank you email for making the payment and scheduling the next payment for June 16th. They are wrong. Not only that they told me that If I would have paid it on or by the 14th day which would have been 05/30 they would not have repossessed it but the contract states you have 15 days after the due date to make payment or you will be assessed a charge of 10percent or 5 dollars not repossessed not only that I was told my Sterling and Hassan that my items were thrown in the trash and they did not notify me that the car was retrieved from the towing company. I also have the text messages to prove that I sent over income info to try and get refinanced to Sterling although I knew that what the company had did was illegal they took 7000 from me and my vehicle they also stated that my car note payment that I made on the 31st of May was going to be sent back due to the fact they took the vehicle. Attached is the text thread between me and sterling who is supposed to be their finance person it’ Aldo shows I sent over my income info again and I reached out to them when I went to go clean my car out and they stated first they did not know where the car was and then they stated they threw all of my items in the trash because I still have the keys to the vehicle and my title. They are wrong for what they did. They violated their own contract and they still lying now. You can see that the payment was made off my card of 220.00 to them on 5/31.
  
  Sincerely,
  
  ****** *********

  Customer Answer

  Date: 07/11/2024

  My items that weee in the car were thrown away. I did not have to surrender the car because I was never made aware it would be repossessed. This is ridiculous because I paid my money and my items were taken from me and my money. The response they gave most of it is a lie. I need this complaint reopened immediately. I see I’m going to have to get the news and and my lawyer involved.