Complaint Review: Wachovia Dealer Services - WFS - Balboa Insurance Group - Santa Ana California

My husband and I decided that we needed another vehicle in 2006 and did an exhaustive internet search of what we were looking for in a vehicle.  We finally settled on a dealer in the San Fernando Valley and told them that we would be putting $16K down on the vehicle the day we walked into the showroom. 

We found a really nice Equinox LS that fit our specific needs and after doing all of the paperwork and having instant approval, prior to when we walked in, all we needed to do was sign and drive.

When I received our first statement from WFS, I sent them 6 mos of payments, making anything due on the loan, not due till the beginning of 2007.  I did the same in the beginning of 2007 and through the end of 2007.  We had several things happen (serious medical problems that resulted in surgery for myself, my son & my husband) but we did stay in constant contact with WFS--then Wachovia Dealer Services and always, always made calls to keep things up to date. 

In 2008, we began to have problems with WDS.  Payments began to be posted late, when there were sent at the beginning of the month, but the most distressing thing to us was that our statements kept showing what appeared to be our payment, followed by another charge, then a "thank you" for our payment, but it appeared that they were adding the two, instead of subtracting. Example: $248 payment, $232 BIG, Thank You for your Payment -$248, Payment $248.  I called them on this and explained that our balance since the payment was made was up to date.  They concurred and said it was an accounting error.  Right about this time, we also were in the midst of dealing with mortgage fraud that happened with our home and I sent in a payment that I mistakenly wrote on an older account.  I did call them about a day or two after realizing the mistake and was told that when they received the check, they would call me, and we could do a check by phone, since our payment was not even due yet.  Well needless to say that never happened.  Next thing I know we have Chris from the Woodland Hills office call and he was extremely nasty saying "what do you think you were doing, writing us a check on an account that no longer existed".  I explained to him that I had 3 days prior called the office and spoke with a female who was supposed to note in our account what had happened and that when they check arrived, that they were to call us and we would do a check by phone to clear that payment.  He then proceeds to tell me, "what do you take me for a fool, why would we take another check from you when you wrote this one?"  I got really mad at this point and said "Look, I called and told your representatives what had happened, the mistake that I had honestly made and that I was being responsible for doing so and who did he think he was talking to me in that tone?"  He then tells me to go make a payment through Western Union Quick Collect, or Money Gram.  I get the information from him as he is unwilling to take a check by phone.  I go to Rite Aid and make the payment.  I then call back with the MCTN (money control transfer number).  I specificially call him with that information and he takes it and says, "thank you for your payment", and I hang up the phone. 

Three weeks later my husband is called at work by a female who is calling now regarding two payments, the one done by Western Union and that months payment.  He knew about the one incident with the check and that we took care of it with the quick collect, but we were not yet at the due date.  The lady then proceeds to tell him that we owe $248 for the the previous month (remember this was the WUQC), $238 for BIG, $248 for that months payment, plus late charges of almost $75.  She tells him that if this is not brought current they will come get the vehicle.  Well he gets home, we go over the statement that we had just gotten that day for the payment to be due and we are looking at it going, what is going on with these people.  He calls her and gives her the WUQC MCTN and she says that she found the payment but it is only for $128.75.  He says to her, look I have the receipt from Western Union, I have the receipt from where the payment was made showing the amount they took plus the charge for the Western Union and why would the payment get split up?  She at that time had no answer, but then went right into well, regardless of that issue what are you going to do with the payment due now and the remaining charges on your account?  My husband then inquires about this $238 charge from BIG.  She says "that isn't my department, but I can have them call you on Monday.  Right now I need to know what are you going to do with the payment due?  He asks her if he can pay with a check by phone which she does and then he hangs up.  That payment done on a Friday, a full 5 days prior to when the payment was due.  They did not process the payment until 7 days later, incurring another late charge for us. 

On Monday I get a call from Chris and I inquire as to what is this recurring charge for BIG.  He informs me that it is for insurance on the vehicle.  I said, "Why are you doing insurance on the vehicle when we have had insurance through Progressive for 5 years consecutively?  He proceeds to tell me that he spoke with my husband about 2 weeks prior and told him about this insurance and that it was much cheaper than what we were getting through Progressive and that my husband gave him the authority to charge the insurance payment into the statements along with our payment.  When my husband came home I told him what was going on and he said "I never, ever spoke to this guy and gave him any authority to take this insurance coverage out on the vehicle.  I then called Chris back and left a voice mail saying that this seemed like a "bait and switch" deal to me and that I had spoken with my husband and he had never agreed to such a deal and to remove the insurance immediately. Well, that was when the fit really hit the shan as they say.  He (Chris) doesn't remove the insurance, he places the full amount of the total policy on the statement that we receive and it totals over $1475.58, plus we now have 2 regular payment of $248.  I contacted the bank and the payments for Sept 09 and Oct 09 where cashed. Well my husband gets that and goes throught the roof.  He calls and of course Chris is not there, and tells him he wants a corrected statement with this insurance removed and where are our payments that have been cashed and requests a payment history from the inception of the loan. 

We don't get a return call, but what we do get in 5 days is a repo man in our driveway ready to take the vehicle.  I said to him why?  He stated that it had just been called in by Nadine Garcia and that it was due to non-payment.  I said how many days late did they have us?  He states "it says here, 60 days +1, and an insurance issue.  Mind you we had Progressive call these people and send over a copy of our coverage which has always been $500K, $250K, $500K, with an umbrella policy attached.  I was ready to tell him to get off our property, but when I started to explain to him that I wanted to make a phone call he said that no matter what or who I called, he legally had to take the vehicle and that if I put up any kind of resistance he would be legally bound to contact law enforcement and have them come to assist which could mean myself going into custody for interference in the matter.  I was awe struck.  I did ask if I could get my belongings out of the vehicle and he said "sure, take your time and get everything out that you need to get out".  Well, it was heartbreaking to watch that vehicle drive off but I was really mad as a hornet.  I call WDS and ask them what I need to do to get the vehicle back.  This lady Nadine tells me that she has no idea, it is not in her department and that I need to wait 24-48 hours until the status of the loan has changed. 

I wait the 48 hours and it still is not in the system and no one can give me any information.  I ask the person who I was told to call what I need to do to get this vehicle back and get this she tells me "I am not really sure that you will be getting this vehicle back?"  I asked "Why the hell not?"  The response:  "Because there is a problem with insurance and for a late payments".  The I tell her that I have copies of my payments for Sept and Oct 09 and she stops talking.  I asked her "did you hear me, I said I have cofirmation of the payments.  She then says, OK, well that still doesn't change anything".  I said "How can it not, the payments were made, you people took a car that wasn't late but because we complained about the insurance?  What kind of scam are you running?  WIth that she hangs up.  Not a good thing for her to do as this really pisses me off.  I call back and this time in a not very calm tone I ask the first person that I get a hold of, I want a supervisor and I want one now!!". The supervisor goes over the payments and asks me if the bank can fax verification to them, I put them on hold, get the other line and contact my bank and they say "sure no problem, what is the fax number", I go back to WDS and ask the supervisor what is the fax number these need to go to, and she give me 818-676-0279.  I go back to my bank and they fax them and give me a confirmation time and code.  I get back on the other line with WDS and ask, "did you get them yet?"  Well it goes to a central fax and it will appear on our computer system in 24 hours, call me then."  I am starting to get really pissed off of all this 24-48 hour bs that they give you. 

Needless to say I started to do some research on this company and found over 1.6 million complaints, a large number of which seem to be with WDS and Balboa Insurance Group.  Something really stinks here and I am not sure what it is, but I sure would like to see these people be brought to accountability especially when after the vehicle is taken and we got our payment history and it showed two payments late by 1 day, when we had a 15 day grace period in our agreement that was signed and of course the lost payments, one of which were found.  When I say 1 day, I mean that our payment date was the 19th of the month and our payments were posted on the 20th.  That also coupled with the phone payment that was processed 7 days later after being done on a check by phone.  To date they have yet to find my Oct 2009 payment and to date the vehicle still is at the repo yard. 

This company is absolutely the worst to deal with.  No one, not a representative, not a manager not a supervisor wants to take responsibility in getting anything resolved. I would really love to see a good attorney do a really in depth search on WDS and BIG and see just what the heck is going on.  Whatever it is, it isn't good.  I think at this point that we will not see the vehicle again.  However before any more customers of this company fall prey to these vultures, it needs to stop.  Unethical doesn't even describe what they are doing with these loans and the insurance.  I could see if I switched insurance every 6 months or so, but we have had the same policy for the past 6 years and there was absolutely no reason why they even had to think of putting that onto our account and then state that my husband said they could do that.  He never would.

If anyone has any suggestions I sure would like to hear them, especially if they are an attorney.