Waynesville Family Practice Center

C&F Finance Management has completed an investigation and found the following:In regards to complainant stating, "I never pay more than one month late."  The complainant has been over 30 days late 3 times with only 10 installment payments made since the inception of the contract on...

06/17/2014, and has accrued 9 late charges. As for the grace period, the complainant signed a contract for a Simple Interest Loan which does not have a grace period policy.  The installment is due on the due date set in the contract and is considered delinquent one day past the due date.  Late fees will be assessed when the payment is 10 days past the installment date, as stated in the TILA portion of the contract.  Complainant should read the back of the contract to see how payments are applied and how late payments effect the account in Section 1.  Section 3 on the back of the contract discusses what may occur if the promise is broken, and should be reviewed by the complainant.In regards to the complainant's statement regarding being held hostage and threats, C&F Finance Company follows the guidelines of the FDCPA and does not threaten nor harrass customers.  The complainant was granted an extension in February of 2015 in order to assist in bringing the account out of delinquency.  The policy of the company is to not allow extensions until the customer has made at least 12 installments.  The complainant was granted a special exemption to this policy as only 7 installments were made at the time of extension.  C&F Finance Company has gone above policy limits to try and assist customer.  The complainant is requesting to make an installment on July 10th which would put him back into severe delinquency at 24 days past due and only leaving 7 days until the next installment is due, which is deemed unacceptable coming off of an extension.  The extension on the account was to assist the customer to stay out of delinquency.  The account is being reviewed by management to determine the next course of action if the account is not brought current.  This is not a threat as C&F Finance Company intends to pursue all allowable collection efforts stated in the contract and by state law.  The complainant may call the office any time and ask to speak to Doug, Melissa, or Stacy, Collection Department Management.  They can further assist with any questions regarding his account.

The Compliance Manager has reviewed the complaint and performed an investigation.  On 10/20/2015, customer called C&F Finance to make payment arrangements for 11/07/2015.  The collector customer spoke with said that we were unable to accept a payment until next month.  Customer...

was given an extension in May of 2015 to assist customer in catching the account up.  Customer is currently 33 days past due and last paid 44 days ago.  Customer has only made 11 payments on a 75 month loan.  C&F Finance Company Policy states that we will only grant a deferment once the customer has made 12 payments and only one per year with a maximum of 5 per loan term.  C&F Finance has already made an exception and allowed for a deferment when customer has made less than 12 payments.  The Compliance Manager will forward this complaint and account to [redacted], Collections Supervisor, to contact customer to see if anything else can be done.

C&F Finance completed a formal investigation and found that the information being reported to the credit reporting agencies appear accurate compared to the details of the customer’s account history. If there is a specific reporting issue, Ms. [redacted] should contact Melissa G[redacted], Loss Prevention...

Manger, at [redacted] ext. [redacted].  For convenience, a copy of the customer’s contract and payment history has been mailed to the address provided in the complaint.   Thanks,   Joyce S[redacted] Compliance Manager C&F Finance Company

The Compliance Manager received the complaint, performed an investigation, and found the following:- [redacted] was not "taken over" by C&F Finance Company.  The principal of [redacted] sold the company.  C&F Finance Company won the bid to purchase the portfolio.- The $17.00 fee is a express...

payment option.  Funds will be applied to the account that day.  Payment options have been sent to all former [redacted] customers.  The free options are to mail a check, pay in a C&F branch, or have Automatic Deduction of payments.  Other payment options that C&F Finance does not charge an express payment option are WesternUnion and MoneyGram.  WesternUnion and MoneyGram do charge a fee to use their service.  The express payment option fee that C&F Finance charges is allowable by state law.Any further questions regarding the complaint, please contact the Compliance Manager at C&F Finance Company [redacted].

Revdex.com:
I have reviewed the offer and/or response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
They are just a terrible company, and they are not willing to help, and on several occassions I have asked for a manager, and I was told, NO, they will just tell you the same thing.  When I did leave a message with the manager that I was transferred to on a different occassion, I never heard back.  It does me no good to call them, because they don't return your calls.  I defies logic as to why they won't accept payment on the 10th.  It doesn't make any logical sense.
Regards,
[redacted]

When C&F Finance Company purchased Ms. [redacted] contract from the prior finance company, a Welcome Packet was sent which included a disclosure of the available payment options C&F Finance accepts. In addition to the initial disclosure, each time Ms. [redacted] calls into the office...

to make a payment, company representatives are required to disclose payment options prior to accepting a payment.  There is a $17.00 fee associated with Express Payment Options which post funds to the account the same day payments are made over the phone or online.  Customers are not required to choose this option and may choose to pay using our other lower cost and free options.  Lower cost options include [redacted] and [redacted]  Free options include, making a payment at a C&F Bank branch, mailing a check, and automatic recurring payments.   If you have any further questions, comments, or would like assistance enrolling in the free automatic recurring payments, please contact a representative in our Customer Service Department.

Revdex.com:
I have reviewed the offer and/or response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I would like proof that I had given your company my signature to submit a credit app
Regards,
[redacted]

C&F Finance Company management has reviewed the account notes and recorded calls relating to this complaint.  The Collection Representative the complainant spoke to was correct in saying that there is no Grace Period and installments are expected to be received by the due date. ...

Unfortunately, any account that is 1 day late is placed into our Collections Department for follow-up to contact customers.  This is standard business practice.  The account will not be reported to the Credit Bureaus until it is over 30 days late so there should be no concern for credit reporting.  If the complainant has any further questions or comments, please feel free to contact [redacted] or [redacted] (Collections Management) at [redacted]

05/01/2017   [redacted] Drive [redacted] VA [redacted]   Re:       Revdex.com# [redacted]             C&F Finance Company, Company Respondent...

            Product:  Retail Installment Sales Contract             Issue:  Servicing                                         ...⇄ C&F received the above Revdex.com complaint for [redacted] but have been unable to reach her by phone.  C&F attempted to contact [redacted], which is the daytime number provided in the complaint.  Messages were left via voicemail on 4/26, 4/27, and 4/28. Ms. [redacted] may contact me at [redacted], to resolve the concerns detailed in the complaint.  I look forward to working with Ms. [redacted].     Sincerely,  Joyce S[redacted] Compliance Manager

[A default letter is provided here which indicates your acceptance of the business's offer.  If you wish, you may update it before sending it.]
Better...

Business Bureau:
I have reviewed the offer made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved. If the company does not perform as promised I can get back to you at: [redacted]
Regards,
[redacted]

Revdex.com:
I have reviewed the offer and/or response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[Provide details of why you are not satisfied with this resolution.]
I am not satisfied because they have no right to call my employer regardless if they can't  ahold of me any other way. My previous company never did that so why would it gove them the right to do that. There's no reason for them to call my job. 
Regards,
[redacted]

Dear [redacted],Thank you for recently taking the time to express your
concerns regarding your account with C&F Finance Company. We have completed
a detailed review of your account and appreciate the opportunity to respond to
your complaint filed with the Revdex.com on 1/3/2017. Below is the response...

submitted
to the Revdex.com regarding your complaint.Complaint Received from Customer:I have talked to several customer service operators at
C&F Finance. I have had them tell me each time, that my car was paid off. Then
when I call back to get my title sent to me, they tell me I owe more money,
each month I would have to pay an additional payment even after the month
before they said it was paid off. This has continued on for a long time. I have
requested a breakdown of the charges in question and they never give them to
me. They have told- one that 50.00 was for a return check and I had already
paid for. I paid each moth 20.00- 30.00 extra. I believe they took this amount
and applied it to the interest of 18% on a 26,000.00 car. I paid the extra for
over four years each month. I don’t understand why I can’t receive a breakdown
of the additional charges, as I believe the car should be paid off.C&F Finance Company’s Response:C&F Finance Company reviewed [redacted] account activities
and found the following:[redacted] Purchase a vehicle at [redacted] and signed
a Retail Installment Sale Contract (RISC) on 08/01/2009 with an APR of 16.99%. The
first payment of $337.65 was due on 09/15/2009 and the original contract term
was 72 months with a contract maturity date of 08/15/2009 and the original
contract term was 72 months with a contract maturity date of08/15/2015. Installments
paid over 7 days past due are assessed a 5% late charge.The 72- month term of the Virginia RISC assumed that each
payment is made on its due date. Late payments incur additional finance changes
and possible late fees that are not a part of the original terms of the
agreement. The additional interest and fees owed when paid late can result in
the account not being paid off by the maturity date. As of December 2016, **
[redacted] has made a total of 73 payment. As of 1/3/2017, [redacted] currently owes
late fees in the amount of $292.59 and Non-Sufficient Fund fees in the mount of
$56.73 for a grand total of $349.32.A detailed review of the payment history has been completed.
The complete review verifies against the payment ledger attached. 68
installment payments were made over 7 days past due resulting in late charges and
additional interest that was not a part of the original 72- month term. There were
also insufficient funds and re-presentment fees on checks presented that did
not clear. There were several occasions during the installment loan where **
[redacted] had paid current on all of the fees due, the last occurrence was the June
22, 2012 installment. However, after that installment, although [redacted] paid
some of the fess due with her installment payment, she did not pay all of the
fees due. These unpaid fess accumulated from June 22, 2013 through the August
2015 installment.A review of the notes placed on the account as of November
27, 2015 states that during a call with [redacted], an amount was quoted to **
[redacted] of $340.49 to clear the remaining balance that did not including the
remaining fees. On November 30th, 2015, C&F Finance received
$345.00 viz [redacted] and applied $340.49 to the remaining principal balance and
the other $4.51 to unpaid late charges. Since that time, C&F Finance has
made several attempts to contact [redacted] without success. On August 25, 2016,
C& F Finance sent [redacted] an offer to settle the remaining fees due to
$200.00 of paid by September 23, 2016.C&F Finance Company will honor this settlement agreement
for $200.00 and release the lien and title on the [redacted] with VIN
[redacted]. Should [redacted] wish to pay off the fees due on the account or
have additional questions, please contact C&F Finance Company at
855-602-2001.Sincerely,Joyce S[redacted]

08/16/2017 [redacted]   RE:  Revdex.com Case # [redacted]The Customer Service Manager contacted Ms. [redacted] on August 11, 2017, to explain C&F Finance’s business practice regarding insurance claims.  C&F forwarded the repair...

check via FedEx to [redacted] on August 10, 2017, and has confirmed that the check was signed for August 15, 2017.  Should Ms. [redacted] have additional questions, she may contact C&F Finance at [redacted].  Sincerely,Joyce S[redacted]

C&F Finance Company received an electronic application from [redacted] on 12/17/2015. The application was in the name of [redacted], [redacted] Drive, [redacted] OH, [redacted]. The application that [redacted] submitted to C&F Finance Company was used in connection with a credit...

transaction for the purpose of extension of credit. The application that C&F Finance Company received from [redacted] was used for the permissible purpose to review the applicant’s credit in accordance with FCRA.  If Ms. [redacted] did not apply for credit at [redacted], she should complete the attached Identity Theft package in its entirety.  Upon receipt of the completed package, C&F Finance Company will provide information to assist in the investigation. Thanks, Joyce S[redacted] Compliance Manager

Thank you for taking the...

time to express your concerns regarding your account with C&F Finance Company.  C&F does not impose a personal property fee. Questions or concerns regarding the $**.** fee assessed should be directed to the storage facility.Thanks,Joyce S[redacted] Compliance Manager

C&F Finance Company's Compliance Manager has reviewed the account notes for the complainant and found the following inaccuracies to the unsubstantiated claims in the complaint:C&F Finance Company does attempt to make contact to phone numbers on the account when the customer becomes past...

due.  C&F Finance Co. has 1 phone number on record for Ms. [redacted] which was called once in the morning and if no message was left on the voicemail, a follow-up call was placed in the evening.  Phone records for 2016 show that Ms. [redacted] phone number was called on; 01/14 (one time), 01/15/ (one time with message left), 01/19 (one time), 01/21 (one time), 01/26 (one time), 01/27 (one time with message left), 01/28 (one time), 01/29 (twice with no message left),  01/30 (twice with no message left), 02/01 (twice no message left), 02/02 (one time), 02/04 (one time), 02/05 (one time), 02/08 (one time), 02/09 (one time), 02/10 (one time), 02/11 contact was made with customer and customer had just made a payment on 02/10 to bring account current until due again on 02/13, 02/16 3 days past due (one time message left), 02/17 contact made and customer stated will make payment on 02/19, and 02/19 two calls were placed (11:46 a.m. and 12:41p.m., not 8:30a.m.) to ensure the Promise to Pay from the phone call on 2/17 was still going to be taken care of and contact was made with the second call.  At no time were representatives calling "ALL DAY" or with the intent to harass or abuse.  Ms. [redacted] states that someone was trying to repossess the vehicle on Sunday morning.  This is not accurate as her account has not been issued for repossession to a Repossession Agent.  C&F Finance Company did hire a Field Agent to obtain location information of the collateral as the Promise to Pay was set for 02/19 and the payment wasn't received as promised through close of business on 02/20 at 12:00p.m.   Payment was received on 02/20 at 2:20p.m.  The Field Agent was contracted prior to the payment being made on Saturday at 2:20p.m. and C&F Finance Company closed at 12:00p.m. and was unable to cancel the Field Agent.Our records indicate that complainant has been late 11 times of the 25 installments made (2years and 1 month) with a $22.85 late charge for each of the 11 late pays.  The interest rate on the account is 21.99.  If complainant has any further questions or would like to speak with a manager, please contact [redacted] at [redacted] for further inquiries.

C&F Finance Company Collections Manager has investigated the complaint and pulled all recorded calls in relation.  The recordings show that the customer was aware of the extension and agreed to the extension during a follow-up phone call in which a Collector stated that she thought the...

documentation of a hardship was not needed for such a good paying account and waived the requirement and told customer that the extension was approved.  Please contact [redacted] if the customer would like to speak to the manager involved with the investigation or if customer has any further questions.

Revdex.com:
I have reviewed the offer and/or response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[The account is showing charged off. They are still charging as the account is an active account.]
Regards,
[redacted]

Revdex.com:
I have reviewed the offer and/or response made by the business in reference to complaint ID 10837411, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I have again spoken to C & F Finance today 10/6/15. They have not received my payment. They told me to call ICS ([redacted]). Which I did. I spoke with a [redacted], and she said that I could send them a copy of my Letter of receipt to them from her stating that my balance is $0.00. Their shouldn't be no problem with C&F Finance sending me my title or a letter of release of my title. I shouldn't have to wait knowing that I am paid in full. I have also enclosed the letter of receipt from ICS.
Regards,
[redacted]