ComplaintsforThe Equitable Finance Company

• Initial Complaint

  04/07/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I just received notice im being garnished for over $5000, I was never served and never notified of any court case. The last time I spoke too equitable finance I was told my car that I gave back too them was being sold in *****. And I would be informed of the outcome of the sale of the vehicle. Now I'm getting garnished for more than ******** dollars financed . So my question is where is the car and why was I never informed of anything? Not to mention I wanted to return the car the moment I got it from the dealership.the car broke down after their inspection and tracker fitting. The cars locking system was broken after I signed paperwork and collected the key. The key would fall out of the ignition. The 4x4 system that worked before signing paperwork worked and on collecting the car from the lot it magically didn't work. I informed equitable finance of the issue and refused too make payments and they informed me I couldn't return the car or stop the loan until I made a payment well after back and forths I told them collect the car I didn't want it no longer. But where is the car if I'm having the pay the full loan amount thats being taken directly from my wages .or if the car has been sold then for how much and why was it never taken off my balance?

  Business response

  04/11/2022

  This auto loan was opened on 10/19/20.  The loan was in default and the vehicle was repossessed in July of 2021 and was sold in December of 2021.
  A Final Accounting Letter was sent to the borrower to his last known address on 12/7/21.  (Copy attached).
  Small Claims was then filed in the Circuit Court of Deschutes County.  A 3rd party process serving company personally served the borrower on 12/29 and a judgment was obtained by the Court. (Copy of proof of service attached)
  A writ of garnishment was then prepared and served.
  
  The borrower asked in this complaint to be contacted by our company.  The Branch Manager initiated contact with the borrower on 4/8/22 as per his request and the timeline of events was reviewed and the borrower chose to end the call.

  Customer response

  04/16/2022

   
  Complaint: 16994056
  
  You served me at an address I have proof I was no longer a tenant of.so how you managed that is a mystery.i spoke too your office and they confirmed I'm on record and it has been filed that I was speaking with your office and waiting to be informed of the sale of the car to close out my account after speaking with you last week you confirmed that was the case but you said all my info was forgotten about.and that you didn't care if I wasn't served and you didn't care if I was forward in my communications with you in August that the case was won and you didn't care if I the judgment was wrongfully given because I was never aware of the case to begin with thats against the law and you have a legal statement saying someone actually served me and informed me and that person is subject to purgatory if any of that information is wrong. Well like I said I'm having a lawyer look over this case. Because its wrong and its filled with lies...
  *******************

  Business response

  04/25/2022

  After the sale of the repossession in December of 2021, Small Claims was filed in the Circuit Court of Deschutes County.  A 3rd party process serving company personally served the borrower on 12/29.
  A certified proof of service was provided to us by the 3rd party process serving company affirming the personal service.   (Copy of the certified proof of service is attached)
  After this proof of service was submitted to the Circuit Court a Small Claims judgment was awarded by the County.

  Customer response

  04/29/2022

   
  Complaint: 16994056
  
  I am rejecting this response because:
  As we discussed over the phone I was never at the address the notice was served too. It was on your records that you ignored i was no longer at that address since August of that year so. How was I served notice of a court case? .I didn't show too court or respond too court because I was never made aware of any court case ....as I said I was in talks with you and you chose to ignore all the correspondence me and your staff had and filled a court case without looking over any notes on my account....and obviously your service team lied saying I was at a address I hadn't been at for almost 4 months 
  Sincerely,
  
  *******************

  Business response

  05/11/2022

  According to the Communication History on the BBB website regarding this complaint response rejection, it was received by the BBB on 4/29/22.
  It was not received by Equitable Finance until today, 5/11/22.
  
  This account was settled in full to the satisfaction of both parties on 5/2/22.
  A satisfaction of judgment was filed with the Circuit Court at that time and a release of garnishment was also sent to ADP.

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