ComplaintsforNevada West Financial

• Initial Complaint

  10/23/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  Nevada West Financial, are furnishing inaccurate information and improper information on my credit report when by law 15 USC **** B Permissible Purposes i didn't not given this company the permission to furnish anything on my credit report as the secured party creditor. Furthermore 15 Usc ****s 2 Responsibilities of furnishers of information to consumer reporting agencies. A person shall not furnish any information related to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Fair debt collection practices act as amended by public law *******, title 5, 124 stat *************** usc 1692e 807 False and misleading information. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. IRS Publication **** (2022) . The continued reporting of this inaccurate information is a clear violation of the law 15 usc 1682s 2 of your responsibilities as a furnisher of information, 15 usc 1692e 807. False and misleading representation is also a violation of the law and my constitutional rights which i exercise. If this is not taking care of immediately i will take further action. Thank You

  Business response

  11/03/2023

  On January 4, 2020, the customer purchased a 2013 Lexus ES 350 (Vehicle) from D&D **************** (aka: ****************** and entered into a Motor Vehicle Retail Installment Sales Contract (Contract) to finance her purchase of the Vehicle. The sixth and final page of the Contract states in plain English: We may report information about your account to credit bureaus. Late payments,missed payments, or other defaults on your account may be reflected in your credit report.
  
  On or about November 18, 2020, Nevada West Financial assumed the loan from D&D.
  
  On June 7, 2021, the customer advised us that she was no longer able to continue making payments in accordance with the Contract and would like to voluntarily surrender          the Vehicle. The customer was advised that after surrendering the Vehicle she would still be responsible for the balance due and owing even after the sale proceeds were applied against the outstanding obligation.
  
  On June 10, 2021, we spoke with the customer again, and verified the address and location of the Vehicle to coordinate recovery of the collateral. Once again,the customer was advised that she would be responsible for any remaining balance due and owing after sale proceeds from the Vehicle were applied to account.
  
  On July 21, 2021, after the vehicle was sold, we sent an explanation of deficiency detailing the remaining balance of the loan after the voluntary surrender with all credits received from the sale of the Vehicle applied against the outstanding balance.
  
  To the extent the customer believes that there is a discrepancy between the information appearing on her credit reports and the information we have submitted to the bureaus, she is welcome to file a dispute directly with the credit bureaus. According to our notes, it appears we have already responded to several credit disputes initiated by the customer.
  
  As of the date of this response, we have no reasonable cause to believe the information we have submitted is inaccurate.

• Initial Complaint

  07/13/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  Still being charged interest on a car that was repossessed 4 years ago rude customer service account was sold to third party who I cant get in contact with customer service representative was rude and basically said they will continue to charge my credit for a loan that was supposed to be closed the day they repossessed the the car tried to settle but was unable to due to being sick but was informed the loan was closed which it wasnt closed and Im still being charged as if I have the car I only owed 7k now the loan is over 10k w interest the dealership is closed where I purchased car and all Im asking is the loan be closed because I dont the have property which someone else is probably paying for the same car this is a SCAM and someone need to check on this company taking from people who obviously dont have the funds to keep the car things happen people lose jobs but to continue to charge someone when the loan is supposed to be closed is a SCAM

  Business response

  07/18/2023

  On or about October 2, 2019,the customers vehicle was peaceably repossessed and secured due to excessive delinquency.
  
  The customer was given the opportunity to have her loan reinstated by providing documentation concerning her insurance on the vehicle and current employment, as well as paying all past due charges and fees and bringing the account current. She indicated that she was unable or unwilling to do so. Nevada West Financial proceeded with liquidating the vehicle against the outstanding debt.
  
  Approximately a month to 45 days later, the customer was provided with an explanation of the deficiency balance. This document included the amount the vehicle sold for and the remaining balance of the loan (including interest accrued and fees due at that time).
  
  On or about December 9,2019, we sent the customer an offer to settle the balance of her account for $2,895.00. The attached IMG file that the customer has included with her complaint appears to be a copy of our settlement offer.
  
  After a review of our account and the notes on file, we apologize for the customer being misinformed by the representative that she spoke with on July 12th. Her account has not been sold and continues to be held by Nevada West Financial.
  
  In the interest of resolving the customers concerns, Nevada West is willing to honor the settlement offer which was extended to her back in 2019. Should she have any questions she should ask to speak directly to our Compliance ******** ********************** or our Director of Servicing, *****************.

• Initial Complaint

  07/06/2023

  Complaint Type:

  Billing Issues

  Status:

  Unresolved

  More info

  May 2023 My car was totaled out in **************************** west was paid in full by geico but since there is an issue with the check they not only reopened the account on my credit after they closed it & showed it was paid but they also started showing late on my credit so it is now 60 points or more dropped because of there mess up. I have told them I am getting a ************ fighting it because I'm sure this is ilegal

  Business response

  07/11/2023

  On April 16, 2023, the customers vehicle was involved in an accident.
  
  On April 28, 2023,we were advised that the vehicle was involved in an accident and were provided with insurance claim information.
  
  On May 1, 2023, we received notice that the insurance claim was denied due to the insured working for Door **** at the time of the accident. Additionally, the insured listed on the policy information we were provided did not include our customer, rather it listed our customers mother.
  
  On May 6, 2023,our office spoke with the customer and informed him that his account was fourteen days past due. At that time, he once again mentioned the accident and indicated that the insurance company would be totaling out the vehicle. We reminded the customer that regardless of whether the vehicle was deemed a total loss or if there were any insurance proceeds forthcoming, payments under the contract were still due and owing until such time as the balance was brought current, or the loan was paid in full. The customer has actively chosen to neglect his obligation to make installment payments under the terms of the sale contract.According to call logs from this day, as the customer service representative was informing the customer of his obligations when he cut her off and stated,thats fine I know how credit works I know how credit works.
  
  On May 8, 2023, we received new insurance claim information from a different insurance provider. The second insurance policy has never listed Nevada West Financial as lienholder,and we believe this has caused or contributed to logistical issues beyond the standard total loss procedures. The effect of this rendered Nevada West unable to process the initial insurance proceeds check that was issued.
  
  On June 20, 2023,in coordination with the second insurance provider, we sent the customer a power of attorney that needs to be executed and returned to us. This is so the title can be transferred, allowing the second insurance provider to re-issue the total loss proceeds to us.
  
  On July 5, 2023, we were advised that the customer had finally mailed back the power of attorney form, however, we have yet to receive this document.
  
  As the date of this response, the customers account is eighty days past due and remains delinquent until such time as it is brought current with regular payments, or total loss proceeds are issued to Nevada West Financial and can be processed. As of today, what we have reported to the credit bureaus accurately reflects the most recent status of the customers account. And is a direct and proximate result of the customers actions.
  
  In response to the customers questioning of the legality of Nevada West reporting accurate information, the **** 623(a)(1)(A) specifically states:
  
  A person SHALL NOT FURNISH any information relating to a consumer or any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.(Emphasis added.)
  
  While Nevada West Financial would prefer to resolve this matter privately, to the extent the customer wishes to engage legal counsel and proceed with litigation, Nevada West is ready and willing to vigorously defend itself, and may assert counter claims.
  
  Nevada West has several questions concerning the circumstances surrounding the accident. Based on our understanding, and beginning as far back as June of 2020, the customer may have transferred possession of the vehicle (without authorization) to his mother, with the expectation of her taking over payments. Further, the vehicle was ostensibly purchased for personal use yet has been alleged to be used for business purposes according to the first insurance denial received by Nevada West. Financing the purchase of a motor vehicle with the implicit intention of transferring possession, or ownership, is what is colloquially referred to as a straw purchase, and financing a vehicle for personal use only to utilize the vehicle for business purposes could be considered tantamount to bank fraud. In addition to defending itself, Nevada West may also need to proceed with a criminal referral made to, or filed with, the appropriate authorities. This of course depends on assertions and statements made by the customer or any other interested parties.
  
  The customers mother has no contractual obligation or privity with respect to the subject vehicle. Section 2(a) of the retail installment contract states succinctly:
  
  You will not sell or transfer the vehicle WITHOUT OUR WRITTEN PERMISSION. If you do sell or transfer the vehicle, this will not release you from your obligations under this contract[.] (Emphasis added.)
  
  A review of all insurance information and documentation provided to us suggests that--except for the original policy given to the dealership at the time of purchase--the customer has never carried his own insurance on the vehicle, rather all policies issued have listed the customers mother as the sole insured, with the customer never being a listed driver. Again, the customers mother has no contractual obligation or privity with respect to the subject vehicle. Section 2(d) of the retail installment contract states:
  
  YOU agree to have physical damage insurance covering loss or damage to the vehicle for the term of this contract. The insurance MUST COVER our interest in the vehicle.(Emphasis added.)
  
  Nevertheless, we trust this response will clarify Nevada Wests position in this matter and will also alleviate the customers concerns regarding his credit report. Additionally,we hope this response will give the customer an opportunity to address and alleviate Nevada West Financials concerns. Additionally With the customers cooperation we anticipate being able to finalize the insurance claim and close the account as paid in full. However, we do not have an estimated timeline for when the account can be closed based on the foregoing.

  Customer response

  07/12/2023

   
  Complaint: 20278420
  
  I am rejecting this response because:1. She is on it contract because she had to sign her name on the contract in order to get the car. 2. Once ***** sent yall a check paying off the car it should of been done. It is not my fault when yall took over contract from vehicle solutions yall should of made sure the title was in your company name. 3. Also when yall switch the contract from vehicle solutions you also made my credit go down then cause we're saying we were late on payments when we weren't. Yall have constantly been s******* us over on our credit. We are trying to get a house  and messing up people credit is not ok & all the supervisor can say is "I don't know what to tell you". We can take this to Supreme Court if you want I have nothing to lose. Yall have a whole business. Have a good day.
  
  Sincerely,
  
  ***********************

• Initial Complaint

  03/01/2023

  Complaint Type:

  Billing Issues

  Status:

  Unanswered

  More info

  I've asked several times for my payments to be reported to credit bureaus. I don't care about late payment notices,I've been paying on this car since last year almost 450 a month with no credit reporting. When I asked one of the representatives she told me to self report it but hoe can I do that. My car is almost paid off and I'd like my past payments reported.

• Initial Complaint

  02/28/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  2/27/2023 Called three times. Was hung up on by an associate or representative every time. 2/15/2023 Called and had same issue once then was able to make a payment that was due. Currently trying to be on time as the note is winding down to the last few months. I get spam calls non-stop during the week current or not that do not connect to Nevada West. Cold calls from random numbers concerning calling Nevada West as their number. It has been increasingly difficult to even make payments my entire note. But I can't make payments if I can't speak with a representative nor have access to an online account.

• Initial Complaint

  09/22/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  15 U.S.C **** Section 602A States I have a right to privacy 15 U.S.C **** Section 604A Section 2 It also states a consumer reporting agency cannot furnish my account without my written instruction 15 U.S.C ************************************************************************************** the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt Account HLSNEVADA **** is in violation and needs to be removed

  Business response

  10/11/2022

  Nevada West Financial is the creditor and holder in due course, not a debt collector. The reported information is not in violation of 15 U.S.C. ****. Attached is the document the customer signed when she purchased her 2015 ****** Altima.  The customer explicitly acknowledged that negative information concerning her performance on the loan for the vehicle may be submitted to the credit bureaus. Additionally, Nevada West Financial provides notice on its billing statements and late notices informing consumers that negative information may be furnished, which meets the criteria set forth by the **** under Appendix B of Part **** (Reg. V).  Additionally, 15 U.S.C. ****s-2(a)(7)(A)(ii)states that:
  
  After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section ****a(p) of this title with respect to the same transaction, extension of credit, account,or customer without providing additional notice to the customer."
  
  We understand that the customers desired resolution is to improve her credit report. Nevada West Financial is more than happy to work with the customer to try and come up with an amicable settlement arrangement for the deficiency balance on her account. We are also sympathetic to any personal circumstances which may have led to the deficiency.

• Initial Complaint

  04/10/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Unanswered

  More info

  I don't even know where to start I had got with this company through open lots cuz I purchased a vehicle or finance the vehicle from open lots on Decatur when I purchased my vehicle in Las Vegas Nevada my contract was fraudulently written the only reason I see that I got this vehicle is because I made a review discussing on how I was treated when I had an appointment with Carlos at the boulder location for open lots when I got there he had me wait for more than an hour he then got another customer helped her and put the seat all the way back and left with the customer I then left put a review up he asked me to take my review down I visit the other open lot location on Decatur in Las Vegas Nevada they gave me the *** 2012 *** I was never late on any of my payments until the pandemic even when the pandemic started I was making payments then I fell behind then they repoed the car I paid the car off April 8th then I had the director Mr **** send all of my debit payments back to the card I've already made 2900 payment he then calls me and starts abusing me talking very unprofessional unethical very mean like I have recordings of me and his conversations I've paid $4,900 as of April 8th I was balanced out to $120.72 was all I owed on my vehicle then I now have a negative balance of $879.19 Mr **** also informed me that he will wait until Monday April 10th after 2:00 p.m. to make sure all the funds are there when they were paid on April 8th when they only gave me until April 9th I have Miss Jacqueline abused her authority as well when the calls are recorded at right size funding they treat people with disrespect you can't talk they treating you like a child all their concerned about is what days you didn't pay they're not worried about you trying to pay off the vehicle this business needs to be looked into their finances as well and I think they're aware that they are doing fraudulent contracts as well I would like something to be done please I am also uploading videos. This is an addition to my first report I am uploading where I paid my car off before the deadline then they refuse to take my payments they rejected payments through the pay near me app on the 9th so I'm trying today on April 10th to try to make a payment to the account to see if it's going to be rejected Mr **** had reversed 3,000 back to the debit card account when I don't understand why I'm not able to pay off my car with a debit card when most people go to a car lot and pay for a car with a debit card I've never disputed any transaction from them for them not to let me use that option to pay off my vehicle I feel like I'm being treated unfairly I feel like I'm being discriminated against in my first report I did send over video of how I was treated by Mr **** the director of loan servicing Ms Jacqueline she's on the recorded line on their business recorded line treating me the same way you have Miss Gloria and Mr Tim who no longer works for the company so I see why he was abusing his authority cuz he was no longer going to be there I have transactions where I tried to pay them way before the due date I have faxed them to put on the pay near me a long time ago from the day my car was repossessed but they refused until it was the 8th of April and they only gave me until the 9th of April they are not open on the 9th so they wouldn't even know if my payment was there until Monday every day I was threatened about my car being auctioned off they came and took the car from me from California I had got to kicked out of my home by the constable so I was bringing my children to safety they wouldn't take any payments they just kept on throwing up the fact that I was such and such days late instead of the fact that I wanted to pay off the vehicle the charges kept coming different from Jacqueline and Mr **** so I'm really not aware on how much I am really supposed to pay

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