Debt collection -- False statements or representation -- Complaint #16531794
Complaint Overview
Complaint ID: 16531794
Company: Southern Auto Finance Co
Product: Debt collection
Sub-Product: Auto debt
Issue: False statements or representation
Sub-Issue: Attempted to collect wrong amount
State: Georgia
ZIP Code: 30047
Date Received: 2025-10-12T12:00:00-05:00
Date Sent to Company: 2025-10-12T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
Subject : FINAL DEMAND FOR IMMEDIATE CORRECTION OF AUTO LOAN ACCOUNT [ Loan Account # XXXX ] ATTN : SAFCO This letter constitutes my final formal demand regarding the handling of my auto loan account referenced above. My review of this account reveals improper crediting of payments, misapplied fees, and potential violations of federal and state law. This letter serves as notice that continued failure to correct these issues will result in immediate escalation and potential legal action. 1. Federal Law Violations TILA 1666d / Regulation Z Under the Truth in Lending Act ( 15 U.S.C. 1666d ) and Regulation Z, all payments must be credited as of the date received. Evidence shows that the following payments were delayed or misapplied, resulting in unauthorized fees, interest, or account mismanagement : Payment Date Sent Amount Date Credited Notes [ XX/XX/XXXX ] $ [ XXXX ] [ XX/XX/XXXX ] I demand a complete written accounting showing all payment receipt dates, crediting dates, and how each payment was applied to principal and interest. 2. Breach of Contract / UCC Violations & Duty of Good Faith Under UCC 3-601, 3-603, 9-609 and the implied covenant of good faith and fair dealing, your obligations include : Posting all payments accurately and promptly. Notifying me of discrepancies in writing. Avoiding misapplication of payments, or using delays to collect extra fees or interest. Failure to comply constitutes breach of contract, bad faith, and wrongful handling of my account, exposing you to potential legal liability and damages. XXXX. DEMAND FOR IMMEDIATE CORRECTIVE ACTION I hereby demand that within 30 calendar days of receipt of this letter you : Provide a full, detailed account history showing all payments received, posted, and applied. Correct any misapplied or delayed payments immediately. Refund any late fees, excess interest, or penalties caused by improper crediting. Provide written confirmation that my account is fully corrected and in compliance with TILA and UCC requirements. 4. NOTICE OF LEGAL LIABILITY If these issues are not fully resolved within 30 days, I will escalate immediately by : Filing a complaint with the Consumer Financial Protection Bureau ( CFPB ). Contacting my State Attorney General / Department of Financial Institutions. Pursuing all legal remedies for breach of contract, bad faith, violations of TILA 1666d, and UCC provisions, including recovery of actual damages, fees, and any statutory penalties. This letter serves as formal written notice under federal and state law. You are on notice that continued failure to correct these matters may result in legal action without further notice. I expect your written response and full correction within 30 calendar days. Sincerely, XXXX XXXX
Frequently Asked Questions
What is Complaint #16531794 about?
Complaint #16531794 was filed against Southern Auto Finance Co regarding Debt collection specifically about False statements or representation. It was received by the CFPB on 2025-10-12T12:00:00-05:00.
How did Southern Auto Finance Co respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Debt collection) and describe your issue in detail.
Can I see other complaints against Southern Auto Finance Co?
Yes, visit the Southern Auto Finance Co company profile at readthecomplaint.com/company/southern-auto-finance-co to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.