{"took":141,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":8,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"7371479","_score":17.315863,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"This complaint is to serve as violations to the consumer protections laws, uniform commercial code, the Fair Debt Collection Practice Act ( FDCPA ), and New York State Laws which governs and regulates your industry. The violations will be outlined below. \n\nYou are reporting and attempting to collect an alleged debt in the amount of {$11000.00} deficiency balance. Please be advised that I dispute the legal validity of the alleged deficiency balance. Verification of the alleged debt is requested, specifically, a copy of all signed contracts with the original creditor Ford Motor Credit Co. and all legal notices sent on this alleged account. You are attempting to collect a deficiency balance that I am not obligated to. Specifically, you have not provided me with the required notices. No explanation of calculation activity, including all credit reporting. I Promptly request deletion of all my credit reporting to credit reporting agencies. Write or email me once to confirm your compliance with my demand within 14 days. This letter is a complaint to the Consumer Financial Protection Bureau ( CFPB ). The ( CFPB ) is authorized to investigate this issue and receive any related information. If fail to comply with this letter, I will turn the matter over to a consumer attorney and sue for statutory damages as defined under the Fair Debt Collection Practice Act ( FDCPA ), which governs your industry. \n\nIn addition to whats requested above of you, please provide me with the following as required under New York Sate Vehicle Repossession Laws within the twenty-four ( XXXX ) - seventy-two ( XXXX ) hours of the repossession under New York Personal Property Article 9 Pers Prop L 316 ( 2018 ) Redemption Notice under the New York Sate Personal Property Article 9 - Motor Vehicle Retail Instalment Sales Act A copy of the Redemption Notice ( delivered certified mail time stamped and/or proof of hand delivery to my last known address time stamped date required ) The redemption notice should include proof of the intended location of sale, intended date of sale, and the intended time of sale. \nThe redemption notice must also include, what the vehicle actually sold for ( proof that the vehicle was sold at average market value ) as required by New York State Law Secondly in accordance to New York State Law N.Y. Lien Law 201 Law Chapter 276 Section 201, you were required to send the following correspondence either by certified mail, return receipt requested, and by first-class mail the following information directly preceding the sale of such property net exceeding twenty-four ( 24 ) hours post sale. \n\nDeficiency Notice ( XXXX Sale Notice ) 1.The nature of the debt or the agreement under which the lien arose , with an itemized statement of the claim and the time when due ; 2. A brief description of the personal property against which the lien exists ; 3. The estimated value of such property ; 4. The amount of such lien, at the date of notice 5. How much the vehicle was sold for ( proof that the vehicle was sold at average market value ) as required by New York State Law6. How much is stilled owed ( if any amount at all ) minus the difference from the sale Cancelation Notice Proof date stamped date as per the United States Post Office certified mail, return receipt requested, and by first-class mail of the original contract with the original lender Ford Motor Credit Co. is null & void . \n\nFurthermore, as per New York State Vehicle & Traf. Law 425 Law Chapter 276 Section 425 - Repossession of motor vehicle or motorcycle ; garageman 's lien ; notice to police.\n\nImmediately following such repossession or retaking, personally appear at the station house or other office of the police department, or agency or office performing like functions, in the locality wherein such repossession or retaking occurred, give notice to such department.\n\nWithin twenty-four ( 24 ) hours of the tenth day after such repossession or retaking personally deliver or mail by first class mail to the nearest motor vehicle office of the state or county acting as an agent of the commissioner pursuant to section two hundred five of this chapter, ( a ) notice of such repossession or retaking in such form as the commissioner may require and ( b ) the number plates of such motor vehicle or motorcycle. Notice of such repossession or retaking, including the name and address of the person, firm or corporation repossessing or retaking the same, shall also be given with twenty- four ( 24 ) hours thereof to the owner of such motor vehicle or motorcycle, either personally or by registers or certified mailing properly endorsed by the postal service to be obtained, directed to such owner at his or her last-known address.\n\nProvide the following documentation with time proof stamped as per the United Sates Postal Service. Or if delivered personally strict documentation that can not be altered is required Name of the repossession company provided to the motor vehicle district office within the twenty- four ( 24 ) hours of the tenth day after repossession Address of repossession company provided to the motor vehicle district office within the twenty- four ( 24 ) hours of the tenth day after repossession What police station house did you go to to report the vehicle repossession?, to whom did you inform of the vehicle repossession ( name of police office and badge number ), on what day did you report the repossession to the police station? At what time?\n\nOver and above all that Since the lender is not allowed to keep personal property in the repossessed vehicle, where were my personal property left in the vehicle at the time of the repossession? What attempts did you make as the lender to return the personal property? Please provided documented proof with time stamped date by United States Postal Service by certified mail return receipt.\n\n9-102. DEFINITIONS AND INDEX OF DEFINITIONS.\n\n( a ) [ Article 9 definitions. ] In this article : ( 1 ) \" Accession '' means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.\n\n( 2 ) \" Account '', except as used in \" account for '', means a right to payment of a monetary obligation, whether or not earned by performance, ( i ) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, ( ii ) for services rendered or to be rendered, ( iii ) for a policy of insurance issued or to be issued, ( iv ) for a secondary obligation incurred or to be incurred, ( v ) for energy provided or to be provided, ( vi ) for the use or hire of a vessel under a charter or other contract, ( vii ) arising out of the use of a credit or charge card or information contained on or for use with the card, or ( viii ) as winnings in a lottery or other game of chance operated or sponsored by a State, governmental unit of a State, or person licensed or authorized to operate the game by a State or governmental unit of a State. The term includes health-care-insurance receivables. The term does not include ( i ) rights to payment evidenced by chattel paper or an instrument, ( ii ) commercial tort claims, ( iii ) deposit accounts, ( iv ) investment property, ( v ) letter-of-credit rights or letters of credit, or ( vi ) rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card.\n\n( 3 ) \" Account debtor '' means a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper.\n\n( 4 ) \" Accounting '', except as used in \" accounting for '', means a record : ( A ) authenticated by a secured party ; ( B ) indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record ; and ( C ) identifying the components of the obligations in reasonable detail.\n\n( 5 ) \" Agricultural lien '' means an interest in farm products : ( A ) which secures payment or performance of an obligation for : ( i ) goods or services furnished in connection with a debtor 's farming operation ; or ( ii ) rent on real property leased by a debtor in connection with its farming operation ; ( B ) which is created by statute in favor of a person that : ( i ) in the ordinary course of its business furnished goods or services to a debtor in connection with a debtor 's farming operation ; or ( ii ) leased real property to a debtor in connection with the debtor 's farming operation ; and ( C ) whose effectiveness does not depend on the person 's possession of the personal property.\n\n( 6 ) \" As-extracted collateral '' means : ( A ) oil, gas, or other minerals that are subject to a security interest that : ( i ) is created by a debtor having an interest in the minerals before extraction ; and ( ii ) attaches to the minerals as extracted ; or ( B ) accounts arising out of the sale at the wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction.\n\n( 7 ) \" Authenticate '' means : ( A ) to sign; or ( B ) with present intent to adopt or accept a record, to attach to or logically associate with the record an electronic sound, symbol, or process.\n\n( 8 ) \" Bank '' means an organization that is engaged in the business of banking. The term includes savings banks, savings and loan associations, credit unions, and trust companies.\n\n( 9 ) \" Cash proceeds '' means proceeds that are money, checks, deposit accounts, or the like.\n\n( 10 ) \" Certificate of title '' means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest 's obtaining priority over the rights of a lien creditor with respect to the collateral. The term includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interests obtaining priority over the rights of a lien creditor with respect to the collateral.\n\n( 11 ) \" Chattel paper '' means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. In this paragraph, \" monetary obligation '' means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. The term does not include ( i ) charters or other contracts involving the use or hire of a vessel or ( ii ) records that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. If a transaction is evidenced by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper.\n\n( 12 ) \" Collateral '' means the property subject to a security interest or agricultural lien. The term includes : ( A ) proceeds to which a security interest attaches ; ( B ) accounts, chattel paper, payment intangibles, and promissory notes that have been sold ; and ( C ) goods that are the subject of a consignment.\n\n( 13 ) \" Commercial tort claim '' means a claim arising in tort with respect to which : ( A ) the claimant is an organization; or ( B ) the claimant is an individual and the claim : ( i ) arose in the course of the claimant 's business or profession; and ( ii ) does not include damages arising out of personal injury to or the death of an individual.\n\n( 14 ) \" Commodity account '' means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer.\n\n( 15 ) \" Commodity contract '' means a commodity futures contract, an option on a commodity futures contract, a commodity option, or another contract if the contract or option is : ( A ) traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or ( B ) traded on a foreign commodity board of trade, exchange, or market, and is carried on the books of a commodity intermediary for a commodity customer.\n\n( 16 ) \" Commodity customer '' means a person for which a commodity intermediary carries a commodity contract on its books.\n\n( 17 ) \" Commodity intermediary '' means a person that : ( A ) is registered as a futures commission merchant under federal commodities law ; or ( B ) in the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law.\n\n( 18 ) \" Communicate '' means : ( A ) to send a written or other tangible record ; ( B ) to transmit a record by any means agreed upon by the persons sending and receiving the record ; or ( C ) in the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by filing-office rule.\n\n( 19 ) \" Consignee '' means a merchant to which goods are delivered in a consignment.\n\n( 20 ) \" Consignment '' means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and : ( A ) the merchant : ( i ) deals in goods of that kind under a name other than the name of the person making delivery ; ( ii ) is not an auctioneer ; and ( iii ) is not generally known by its creditors to be substantially engaged in selling the goods of others ; ( B ) with respect to each delivery, the aggregate value of the goods is {$1000.00} or more at the time of delivery ; ( C ) the goods are not consumer goods immediately before delivery ; and ( D ) the transaction does not create a security interest that secures an obligation.\n\n( 21 ) \" Consignor '' means a person that delivers goods to a consignee in a consignment.\n\n( 22 ) \" Consumer debtor '' means a debtor in a consumer transaction.\n\n( 23 ) \" Consumer goods '' means goods that are used or bought for use primarily for personal, family, or household purposes.\n\n( 24 ) \" Consumer-goods transaction '' means a consumer transaction in which : ( A ) an individual incurs an obligation primarily for personal, family, or household purposes; and ( B ) a security interest in consumer goods secures the obligation.\n\n( 25 ) \" Consumer obligor '' means an obligor who is an individual and who incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes.\n\n( 26 ) \" Consumer transaction '' means a transaction in which ( i ) an individual incurs an obligation primarily for personal, family, or household purposes, ( ii ) a security interest secures the obligation, and ( iii ) the collateral is held or acquired primarily for personal, family, or household purposes. The term includes consumer-goods transactions.\n\n( 27 ) \" Continuation statement '' means an amendment of a financing statement which : ( A ) identifies, by its file number, the initial financing statement to which it relates; and ( B ) indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement.\n\n( 28 ) \" Debtor '' means : ( A ) a person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor ; ( B ) a seller of accounts, chattel paper, payment intangibles, or promissory notes ; or ( C ) a consignee.\n\n( 29 ) \" Deposit account '' means a demand, time, savings, passbook, or similar account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument.\n\n( 30 ) \" Document '' means a document of title or a receipt of the type described in Section 7-201 ( 2 ).\n\n( 31 ) \" Electronic chattel paper '' means chattel paper evidenced by a record or records consisting of information stored in an electronic medium.\n\n( 32 ) \" Encumbrance '' means a right, other than an ownership interest, in real property. The term includes mortgages and other liens on real property.\n\n( 33 ) \" Equipment '' means goods other than inventory, farm products, or consumer goods.\n\n( 34 ) \" Farm products '' means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are : ( A ) crops grown, growing, or to be grown, including : ( i ) crops produced on trees, vines, and bushes ; and ( ii ) aquatic goods produced in aquacultural operations ; ( B ) livestock, born or unborn, including aquatic goods produced in aquacultural operations ; ( C ) supplies used or produced in a farming operation ; or ( D ) products of crops or livestock in their unmanufactured states.\n\n( 35 ) \" Farming operation '' means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.\n\n( 36 ) \" File number '' means the number assigned to an initial financing statement pursuant to Section 9-519 ( a ).\n\n( 37 ) \" Filing office '' means an office designated in Section 9-501 as the place to file a financing statement.\n\n( 38 ) \" Filing-office rule '' means a rule adopted pursuant to Section 9-526.\n\n( 39 ) \" Financing statement '' means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement.\n\n( 40 ) \" Fixture filing '' means the filing of a financing statement covering goods that are or are to become fixtures and satisfying Section 9-502 ( a ) and ( b ). The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.\n\n( 41 ) \" Fixtures '' means goods that have become so related to particular real property that an interest in them arises under real property law.\n\n( 42 ) \" General intangible '' means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. The term includes payment intangibles and software.\n\n( 43 ) \" Good faith '' means honesty in fact and the observance of reasonable commercial standards of fair dealing.\n\n( 44 ) \" Goods '' means all things that are movable when a security interest attaches. The term includes ( i ) fixtures, ( ii ) standing timber that is to be cut and removed under a conveyance or contract for sale, ( iii ) the unborn young of animals, ( iv ) crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes, and ( v ) manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if ( i ) the program is associated with the goods in such a manner that it customarily is considered part of the goods, or ( ii ) by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas, or other minerals before extraction.\n\n( 45 ) \" Governmental unit '' means a subdivision, agency, department , county, parish, municipality, or other unit of the government of the United States, a State, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.\n\n( 46 ) \" Health-care-insurance receivable '' means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health-care goods or services provided.\n\n( 47 ) \" Instrument '' means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include ( i ) investment property, ( ii ) letters of credit, or ( iii ) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.\n\n( 48 ) \" Inventory '' means goods, other than farm products, which : ( A ) are leased by a person as lessor ; ( B ) are held by a person for sale or lease or to be furnished under a contract of service; ( C ) are furnished by a person under a contract of service; or ( D ) consist of raw materials, work in process, or materials used or consumed in a business.\n\n( 49 ) \" Investment property '' means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account.\n\n( 50 ) \" Jurisdiction of organization '', with respect to a registered organization, means the jurisdiction under whose law the organization is formed or organized.\n\n( 51 ) \" Letter-of-credit right '' means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit.\n\n( 52 ) \" Lien creditor '' means : ( A ) a creditor that has acquired a lien on the property involved by attachment, levy, or the like ; ( B ) an assignee for benefit of creditors from the time of assignment ; ( C ) a trustee in bankruptcy from the date of the filing of the petition ; or ( D ) a receiver in equity from the time of appointment.\n\n( 53 ) \" Manufactured home '' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.\n\n( 54 ) \" Manufactured-home transaction '' means a secured transaction : ( A ) that creates a purchase-money security interest in a manufactured home, other than a manufactured home held as inventory ; or ( B ) in which a manufactured home, other than a manufactured home held as inventory, is the primary collateral.\n\n( 55 ) \" Mortgage '' means a consensual interest in real property, including fixtures, which secures payment or performance of an obligation.\n\n( 56 ) \" New debtor '' means a person that becomes bound as debtor under Section 9-203 ( d ) by a security agreement previously entered into by another person.\n\n( 57 ) \" New value '' means ( i ) money, ( ii ) money 's worth in property, services, or new credit, or ( iii ) release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.\n\n( 58 ) \" Noncash proceeds '' means proceeds other than cash proceeds.\n\n( 59 ) \" Obligor '' means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, ( i ) owes payment or other performance of the obligation, ( ii ) has provided property other than the collateral to secure payment or other performance of the obligation, or ( iii ) is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include issuers or nominated persons under a letter of credit.\n\n( 60 ) \" Original debtor '', except as used in Section 9-310 ( c ), means a person that, as debtor, entered into a security agreement to which a new debtor has become bound under Section 9-203 ( d ).\n\n( 61 ) \" Payment intangible '' means a general intangible under which the account debtor 's principal obligation is a monetary obligation.\n\n( 62 ) \" Person related to '', with respect to an individual, means : ( A ) the spouse of the individual ; ( B ) a brother, brother-in-law, sister, or sister-in-law of the individual ; ( C ) an ancestor or lineal descendant of the individual or the individual 's spouse ; or ( D ) any other relative, by blood or marriage, of the individual or the individual 's spouse who shares the same home with the individual.\n\n( 63 ) \" Person related to '', with respect to an organization, means : ( A ) a person directly or indirectly controlling, controlled by, or under common control with the organization ; ( B ) an officer or director of, or a person performing similar functions with respect to, the organization ; ( C ) an officer or director of, or a person performing similar functions with respect to, a person described in subparagraph ( A ) ; ( D ) the spouse of an individual described in subparagraph ( A ), ( B ), or ( C ) ; or ( E ) an individual who is related by blood or marriage to an individual described in subparagraph ( A ), ( B ), ( C ), or ( D ) and shares the same home with the individual.\n\n( 64 ) \" Proceeds '', except as used in Section 9-609 ( b ), means the following property : ( A ) whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral ; ( B ) whatever is collected on, or distributed on account of, collateral; ( C ) rights arising out of collateral ; ( D ) to the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral ; or ( E ) to the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.\n\n( 65 ) \" Promissory note '' means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.\n\n( 66 ) \" Proposal '' means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to Sections 9-620, 9-621, and 9-622.\n\n( 67 ) \" Public-finance transaction '' means a secured transaction in connection with which : ( A ) debt securities are issued ; ( B ) all or a portion of the securities issued have an initial stated maturity of at least 20 years ; and ( C ) the debtor, obligor, secured party, account debtor or other person obligated on collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest is a State or a governmental unit of a State.\n\n( 68 ) \" Public organic record '' means a record that is available to the public for inspection and is : ( A ) a record consisting of the record initially filed with or issued by a State or the United States to form or organize an organization and any record filed with or issued by the State or the United States which amends or restates the initial record ; ( B ) an organic record of a business trust consisting of the record initially filed with a State and any record filed with the State which amends or restates the initial record, if a statute of the State governing business trusts requires that the record be filed with the State ; or ( C ) a record consisting of legislation enacted by the legislature of a State or the Congress of the United States which forms or organizes an organization, any record amending the legislation, and any record filed with or issued by the State or the United States which amends or restates the name of the organization.\n\n( 69 ) \" Pursuant to commitment '', with respect to an advance made or other value given by a secured party, means pursuant to the secured party 's obligation, whether or not a subsequent event of default or other event not within the secured party 's control has relieved or may relieve the secured party from its obligation.\n\n( 70 ) \" Record '', except as used in \" for record '', \" of record '', \" record or legal title '', and \" record owner '', means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.\n\n( 71 ) \" Registered organization '' means an organization organized solely under the law of a single State or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the State or the United States. The term includes a business trust that is formed or organized under the law of a single State if a statute of the State governing business trusts requires that the business trusts organic record be filed with the State.\n\n( 72 ) \" Secondary obligor '' means an obligor to the extent that : ( A ) the obligor 's obligation is secondary; or ( B ) the obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either.\n\n( 73 ) \" Secured party '' means : ( A ) a person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding ; ( B ) a person that holds an agricultural lien ; ( C ) a consignor ; ( D ) a person to which accounts, chattel paper, payment intangibles, or promissory notes have been sold ; ( E ) a trustee, indenture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for ; or ( F ) a person that holds a security interest arising under Section 2-401, 2-505, 2-711 ( 3 ), 2A-508 ( 5 ), 4-210, or 5-118.\n\n( 74 ) \" Security agreement '' means an agreement that creates or provides for a security interest.\n\n( 75 ) \" Send '', in connection with a record or notification, means : ( A ) to deposit in the mail, deliver for transmission, or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances ; or ( B ) to cause the record or notification to be received within the time that it would have been received if properly sent under subparagraph ( A ).\n\n( 76 ) \" Software '' means a computer program and any supporting information provided in connection with a transaction relating to the program. The term does not include a computer program that is included in the definition of goods.\n\n( 77 ) \" State '' means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.\n\n( 78 ) \" Supporting obligation '' means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property.\n\n( 79 ) \" Tangible chattel paper '' means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium.\n\n( 80 ) \" Termination statement '' means an amendment of a financing statement which : ( A ) identifies, by its file number, the initial financing statement to which it relates; and ( B ) indicates either that it is a termination statement or that the identified financing statement is no longer effective.\n\n( 81 ) \" Transmitting utility '' means a person prim","date_sent_to_company":"2023-08-08T09:12:56.000Z","issue":"Incorrect information on your report","sub_product":"Lease","zip_code":"11226","tags":null,"has_narrative":true,"complaint_id":"7371479","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FORD MOTOR CREDIT CO.","date_received":"2023-08-08T08:55:29.000Z","state":"NY","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["( 11 ) \" Chattel paper '' means a record or records that evidence both a monetary obligation and a <em>security</em> interest in specific <em>goods</em>, a <em>security</em> interest in specific <em>goods</em> and software used in the <em>goods</em>, a <em>security</em> interest in specific <em>goods</em> and license of software used in the <em>goods</em>, a lease of specific <em>goods</em>, or a lease of specific <em>goods</em> and license of software used in the <em>goods</em>."],"product":["<em>Vehicle</em> loan or lease"]},"sort":[17.315863,"7371479"]},{"_index":"complaint-public-v1","_id":"10669487","_score":14.458433,"_source":{"product":"Debt collection","complaint_what_happened":"I am filing this complaint against Consumer Portfolio Services , Inc. ( CPS ) for deceptive and misleading debt collection practices, violations of the Fair Debt Collection Practices Act ( FDCPA ) and the Truth in Lending Act ( TILA ), non-compliance with the Uniform Commercial Code ( UCC ), and potential unlawful collection activities in Oregon due to a lack of licensing. CPS has a history of issues with the CFPB, for which they have been fined in the past, indicating a pattern of non-compliance. The inconsistencies in CPS 's communications and failure to respond to my rescission notice demonstrate a disregard for federal consumer protection laws. \n\nOn XX/XX/XXXX, CPS sent a letter denying my credit application, stating they did not extend credit to me for the vehicle purchase. Despite this denial, CPS later issued billing statements demanding payment as though they were the creditor.\n\nUnder UCC 3-305, defenses against a holder ( such as a denial of the original credit application ) may limit CPS 's rights to enforce the contract. Their inconsistent communications violate FDCPA provisions against deceptive practices and raise questions about their standing to collect. \n\nCPSs billing statement, with a due date listed of XX/XX/XXXX, directs payments to \" XXXX XXXX XXXX XXXX  '' rather than CPS itself. This discrepancy violates TILAs requirement for transparent disclosure of the true creditors identity. This lack of clarity makes it impossible to determine the rightful party to which the debt is owed, potentially violating UCC 9-210, which mandates proper record-keeping and disclosure of the assignees identity upon request.\n\nWithout proof of assignment, CPSs claim as a creditor or assignee is unsubstantiated. Under UCC 3-203, a transferee must demonstrate valid assignment to enforce the instrument. I request that CPS provide documentation of their assignment rights and compliance with TILA and UCC requirements. \n\nCPS is not licensed as a debt collector or lender in Oregon, as required by state law. Their attempts to collect payments from me without proper licensing could constitute unlawful collection activity under Oregon law and also raise concerns under UCC 9-609, which governs enforcement of secured interests and requires compliance with state regulations. \n\nI ask that the CFPB investigate CPSs licensing status in Oregon and determine whether they are in compliance with state and federal laws.\n\nBy first denying my credit application, CPS forfeited any claim to act as a legitimate creditor under UCC 3-305, as their initial denial is a valid defense against their later claim. Under the Holder Rule ( stated in the contract ), any assignee of this contract is subject to all claims and defenses I could assert against the dealership. CPS can not ignore this rule and later claim holder-in-due-course status when their actions suggest otherwise.\n\nDue to the breach in contract CPS is trying to enforce, I formally sent CPS a Notice of Rescission and Correction, disputing the legitimacy of the contract sent via certified mail XXXX which was received on XX/XX/XXXX. CPS has failed to acknowledge or respond to this notice. According to UCC 3-604, an obligor has the right to cancel a debt instrument under certain conditions, which CPS has disregarded by failing to respond. Their lack of action on my rescission notice highlights their unwillingness to engage in transparent consumer relations. In the recession and correction letter, I made sure that CPS was aware that my initial intent and intent the entire time with regards to the alledged consumer installment contract for personal, family and household goods was to be redeemed in lawful money, thus taking care of any interest or tax due. \n\nThe vehicle in question has been sold, and I have notified the Oregon XXXX of the sale and transfer. CPS no longer has any legitimate interest in the vehicle. I have also rescinded any power of attorney ( POA ) that CPS may or may not have had related to the vehicle, which is documented with the Oregon DMV. Under UCC 9-203, a secured party must have a valid interest in the collateral to enforce a security agreement, which CPS lacks due to the sale, their acknowledgment that they did not lend me or extend to me any loan and it was in fact denied, and breach in contract they are attempting to enforce. \n\nCPSs continued attempts to enforce a claim or lien on a vehicle they no longer have rights to, due to both the sale and the rescission of POA, are invalid.\n\nCPS has previously been fined by the CFPB for violations of consumer protection laws, which underscores a recurring pattern of non-compliance. Their repeated issues with deceptive practices and misrepresentation of credit relationships suggest that the actions described in my complaint XXXX not be isolated incidents. I urge the CFPB to consider CPSs history and investigate their current practices thoroughly. \n\nPotential Violations : FDCPA : Misrepresentation of debt ownership, deceptive practices, and attempts to collect without licensing in Oregon. \nTILA : Failure to provide clear disclosures of the creditors identity upon assignment.\n\nUCC : Violations of UCC provisions related to proof of assignment ( 3-203 ), defenses against a holder ( 3-305 ), rescission rights ( 3-604 ), and secured party interest requirements ( 9-203 and 9-210 ).","date_sent_to_company":"2024-11-03T21:32:18.000Z","issue":"Attempts to collect debt not owed","sub_product":"Auto debt","zip_code":"97401","tags":null,"has_narrative":true,"complaint_id":"10669487","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Consumer Portfolio Services, Inc.","date_received":"2024-11-03T21:22:02.000Z","state":"OR","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["In the recession and correction letter, I made sure that CPS was aware that my initial intent and intent the entire time with regards to the alledged consumer installment contract for personal, family and <em>household</em> <em>goods</em> was to be redeemed in lawful money, thus taking care of any interest or tax due. \n\nThe <em>vehicle</em> in question has been sold, and I have notified the Oregon XXXX of the sale and transfer. CPS no longer has any legitimate interest in the <em>vehicle</em>."]},"sort":[14.458433,"10669487"]},{"_index":"complaint-public-v1","_id":"8252061","_score":13.225538,"_source":{"product":"Debt collection","complaint_what_happened":"Pentagon Federal Credit Union ( PENFED ), including its affiliated entities such as PenFed Auto Funding LLC, XXXX XXXX XXXX XXXX  ( XXXX ) of XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX Financials, and all related partners and subsidiaries, is alleged to be engaging in fraudulent activities and tax evasion through substantial misrepresentations. These misrepresentations involve collusion, forgery, intentional omissions, and distortions related to consumers ' credit. \n\nPENFED is accused of falsely claiming that consumer ( me ) owes them money based on an auto loan extended. However, according to PENFED 's shareholder reports, the Credit Union explicitly states that they do not lend money. Instead, it asserts that it extends credit to its members by indirectly originating loans through third parties and by purchasing loans from other lenders. On XX/XX/XXXX, PENFED acquired my retail installment agreement from XXXX XXXX in a consumer credit sale transaction. The acquisition and securitization of my commercial paper securities ( application + retail installment agreement ) occurred for the purpose of obtaining an extension of credit from the United States. This process involved PENFED 's direct broker dealer partner submitting consumer 's credit application, promissory notes, and obtaining cash advances at an par value amount through Certificates of Indebtedness, using consumers ' social security numbers. PENFED exploited consumers ' security interests and continues to do so by mishandling consumer 's indebtedness, securitizing cash advances, in addition to consumer 's monthly receivables. \n\nDue to the Bankruptcy Act of 1933 and the Trust Indenture Act of 1939, all debts fall under the responsibility of the United States per Title 18 USC 8. The term \" obligation or other security of the United States '' encompasses all bonds, certificates of indebtedness, national bank currency, FRNs, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress. \n\nThis account was intended for household primary goods. PENFED has inaccurately categorized the account as a retail installment agreement when, according to the law, it was a consumer credit sale. Additionally, PENFED has charged off the debt on its tax records. \n\nOn both XX/XX/XXXX and XX/XX/XXXX, I, the consumer, sent correspondence via Registered Mail to PenFed Credit Union with the attention to the CEO, and XXXX XXXX, PenFed 's Indenture Trustee. This correspondence was Notice to formally withdrawal of consent to the Special Power of Attorney and the relinquishing of any security interest derived from U.S. marketable securities as well as secondary market exchanges. Additionally, I provided PenFed with an ORDER TO REPAY OUTSTANDING PRINCIPAL OF THE DEBT. This purpose of this Order, which was was indorsed and stamped per 31 CFR, to accurately reflect the credit on PenFed 's backend commercial book-entry system. \n\nIn response, PenFed 's collection manager sent me a letter indicating their intention to dispose of my negotiable instrument/commercial paper, and did not return my original leading consumer to believe this was also deposited. According to XXXX XXXX XXXX Sections XXXX, the debt is discharged. PenFed 's is in Dishonor, per XXXX  Part 5, and also constitute a breach of their membership agreement covenants. The membership agreement explicitly states that any member can withdraw PenFed 's power of attorney, and any consent granted under the agreement, i.e., custodianship holding consumer 's dividends for safe-keeping. Their membership agreement also states that under the Master Account ( that they created on my behalf that I don't have access to ), the subaccounts will earn dividens. \n\nFurthermore, PenFed is alleged to be in violation of XXXX Article XXXX and XXXX XXXX XXXX. The Retail Installment Agreement specifically sates in paragraph 2 ( c ), that the purchase money loan agreement/credit sale \" secured payment for all amounts owed in the contract. '' According to 16 CFR 433.1, a retail installment agreement is indeed a credit sale, especially since the consumer 's social security number was utilized in the transaction. Moreover, CONGRESS classifies this type of transaction as a credit card. It is noteworthy that PenFed 's shareholder reports explicitly state that the extensions of credit ( the collateral ) may take the form of \" PROMISSORY NOTES '' and \" Letters of Credit. '' Despite these facts, PenFed continues to pursue payment for the debt of a vehicle when the debt was already perfected. \n\nDespite investing considerable time on the phone in attempts to resolve the issue with PenFed 's customer service, their wealth management partner XXXX XXXX XXXX XXXX, and XXXX XXXX  XXXX XXXX, my efforts have been in vain. PenFed continues to insist on payment for an alleged debt, yet they have not furnished me with a genuine FULL copy of the original agreement executed by all parties with wet-ink signatures. The copy provided was incomplete, with missing pages and the inclusion of additional pages that I had never seen before. Additionally, they have failed to grant me access to any master account/consumer account associated with the securitization of the credit sale agreement. \n\nPenFed has not provided consumer with official treasury forms that were filed under consumer 's social security number. Consumer reporting agencies ( XXXX, XXXX, and XXXX ) hard inquiries prove consumer credit was pulled. By the rules that govern PenFed and it's affiliates under the FCRA, FTC and 16 CFR 433.1, 16 CFR 433.2 and 16 CFR 433.3, PenFed is bound to follow all guidelines when offering retail installment agreements, and per the contract, as a consumer my rights can be asserted at any time. \n\nThe debt securities, along with all associated rights, title, and interest, have been sold to other companies. PenFed, acting as a servicer, is not allowed to genuinely collect since it transferred the liability to its subsidiary, PenFed Auto Receivables Funding, LLC. According to PenFed 's annual shareholder report ( pg. 52 ), the credit union bundled consumer commercial paper securities, including all related rights, and sold them to PenFed Auto ReceivablesFunding, LLC as part of a securitization process. The latter then sold the portfolio of receivables to PenFed Auto Receivables Owner Trust XXXX ( XXXX XXXX ), an asset-backed securities issuer trust. \n\nXXXX XXXX utilized the purchased receivables as collateral for issuing notes and residual certificates. As indicated in PenFed 's shareholder report, the Credit Union serves as the sponsor and servicer of the underlying collateral, but it no longer owns the obligation resulting in PenFed having no rights to payment or to repossess vehicles. Additionally, SEC filings and Fitch Rating reports reveal that tranches of \" auto loan receivables '' are being sold to numerous investors on public exchanges, and consumers have not received any value in return for this exchange. \n\nOn XX/XX/XXXX consumer sent Notice to PENFED ( CEO, general counsel, and securitization agents ) again revoking their authority of consumer 's security and ordered to transfer the proceeds to consumer 's bank account with the U.S. Treasury. PENFED collection manager replied to this notice stating the debt is owed and that the vehicle is the collateral. Per the Securities Exchange Act, collateral can only be in the form of SECURITIES ( not vehicles ). \n\nThe consumer, as the bona fide purchaser, holds the right to residual returns, as indicated by statements bearing consumer 's name detailing book-entry securities and residuals from derivative certificates apparently hedged with partner companies. In SEC filings, PENFED 's affiliated companies affirm that the consumer is entitled to claims and rights, being a bona fide purchaser for value or an actual secured party with a perfected security interest according to applicable state law. \n\nUnder the IRS rules regarding 1099c,1099oid & 1099a, companies must provide consumer with a copy of appropriate 1099c for accurate IRS reporting for any debt over { {$600.00} }. PenFed has not provided copies of the IRS forms filed with the U.S. Treasury and it does not appear that they are filing the proper taxes with IRS. It appears from my consolidated statement this account may be classified as an IRA, which clearly it is not. According to PENFED 's shareholder reports the debt discharged amounts as gains on extinguishments, and the monthly receivables as GOOD WILL. \n\nDue to PENFED 'S non-compliance consumer will have no choice but to file Form 211 along with other applicable OMB IRS forms under filing IRS with the treasury to audit consumer 's account to make sure accurate reporting and taxes are rendered, along with all OMB IRS forms needed to conduct an audit on consumer account. \n\nDue to the recent change in consumer laws please serve this as NOTICE that upon a VALID PROOF OF CLAIM notarized under penalty of perjury, consumer refuses to remit any funds until all documentary evidence of the accounting on the public and private side of consumers account, i.e. PENFED 'S internal Master Account. PenFed is to immediately stop any reporting until said company provides all information under the penalty of perjury for documentation.","date_sent_to_company":"2024-01-30T19:52:14.000Z","issue":"Attempts to collect debt not owed","sub_product":"Other debt","zip_code":"22041","tags":null,"has_narrative":true,"complaint_id":"8252061","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PENTAGON FEDERAL CREDIT UNION","date_received":"2024-01-30T19:08:51.000Z","state":"VA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["On XX/XX/XXXX consumer sent Notice to PENFED ( CEO, general counsel, and securitization agents ) again revoking their authority of consumer 's <em>security</em> and ordered to transfer the proceeds to consumer 's bank account with the U.S. Treasury. PENFED collection manager replied to this notice stating the debt is owed and that the <em>vehicle</em> is the collateral. Per the <em>Securities</em> Exchange Act, collateral can only be in the form of <em>SECURITIES</em> ( not <em>vehicles</em> )."]},"sort":[13.225538,"8252061"]},{"_index":"complaint-public-v1","_id":"8694294","_score":11.906265,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"On XX/XX/XXXX, TOYOTA MOTOR CREDIT CORPORATION acquired my consumer credit application and retail installment agreement contract for family and household goods from XXXX XXXX, in a consumer credit sale transaction utilizing the consumers open ended consumer credit plan Social Security card number XXXX for the purchase of a XXXX XXXX XXXX  VIN # XXXX, with a purchase money loan in accordance with16 CFR 433XXXX ( d ) and Truth in Lending Act regulation Z. \n\nThe acquisition and securitization of my self-liquidating commercial paper security application in accordance with17 CFR 216.11 b6 ( application + retail installment contract agreement ) occurred for the purpose of obtaining an extension of credit. This process involved TOYOTA MOTOR CREDIT CORPORATION 's direct broker dealer partner XXXX XXXX submitting consumer 's credit application/ promissory note and obtaining cash advances at an par value amount through Certificates of Indebtedness, using consumer 's social security number. At which time should TOYOTA MOTOR CREDIT CORPORATION have released the lien on the title for the XXXX XXXX XXXX  when the cash value was received. TOYOTA MOTOR CREDIT CORPORATION exploited consumer 's security interests and continues to do so by mishandling consumer 's indebtedness, securitizing cash advances, in addition to consumer 's monthly receivables which are interest dividend proceeds that are due to the consumer, from the unauthorized trading of my U.S. Treasury marketable security application and contract security agreement. \n\nDue to the Bankruptcy Act of 1933 and the Trust Indenture Act of 1939, all debts fall under the responsibility of the United States per Title 18 USC 8. The term \" obligation or other security of the United States '' encompasses all bonds, certificates of indebtedness, national bank currency, FRNs, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress. \n\nSaid promissory note and security agreement contract was sold/transferred/assigned by XXXX XXXX, Dba XXXX XXXX XXXX to TOYOTA MOTOR CREDIT CORPORATION and then transferred and securitized by XXXX XXXX XXXX  XXXX ( a wholly-owned subsidiary of Toyota Motor Credit Corporation ) and then transferred and sold to other associates and affiliates according to XXXX XXXX XXXX XXXX D Owner Trust Underwriting Agreement on file with the Security Exchange Commission dated as of XX/XX/XXXX and signed by XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX and Toyota Motor Credit Corporation XXXX XXXX XXXX XXXX XXXX  XXXX  XXXX XXXX XXXX as a self-liquidating commercial paper receivable in accordance with17 CFR 216.11 b6 as a letter of credit and security agreement of collateral ( lien on certificate of title ) for a cash advance to secure performance of payment of the consumers obligation on the contract for the finance charge of {$11000.00} which is the sum of all charges payable directly or indirectly to whom the credit is extended in accordance with 15 USC 1605b and all payment owed by the consumer on the contract agreement in accordance with Page 3 part 2.c. of the contract security agreement in which the consumer granted a security interest to TOYOTA MOTOR CREDIT CORPORATION in the certificate of title for the return of the principal and interest of the security application/ asset-backed promissory note and security agreement contract that was tendered in good faith and transferred and sold to Toyota Motor Credit corporation ( Administrator/Servicer ) received cash a cash advance at which time the consumers obligations were complete on the contract agreement and the lien on the title of the XXXX XXXX XXXX  should have been released and certificate of title sent to the consumers address. \n\n\nIn accordance with 15 USC 1605b the finance charge is the sum of all charges in connection with any consumer credit transaction in accordance with the contract security agreement page 1 under FEDERAL TRUTH-IN-LENDING DISCLOSURES the finance charge was only {$11000.00} which is the sum of all charges owed by the consumer on the contract to secure performance of payment for the XXXX XXXX XXXX  to be paid in full and the amount financed was {$31000.00} which means that there is a credit balance of {$20000.00} TOYOTA MOTOR CREDIT CORPORATION owes the consumer for performance of the consumers obligation on page 3 section 2. c. of contract agreement. \nToyota motor credit corporation is in breach of contract specifically Page 3 part 2. c. by unlawfully claiming the consumer is late on any payment and in default in a consumer credit transaction ( 15 USC 1666b ) and that the consumer owes a debt when the contract security agreement explicitly states that the grant of security interest secures performance of payment of all the consumer owed on the contract which is only the finance charge in accordance with 15 U.S.C. 1605b and also secured all other agreements on the contract. \n\nThe purchase money loan agreement/credit sale contract secured payment for all amounts owed on the contract. '' According to 16 CFR 433.1 ( i ), a retail installment agreement/ consumer credit contract is indeed purchase money loan and a credit sale, especially since the consumer 's social security number was utilized in the transaction. Moreover, CONGRESS classifies this type of transaction as a credit card transaction and in accordance with 15 USC 1666b TOYOTA MOTOR CREDIT CORPORATION ( a creditor ) may not treat a payment on a credit card account under an open and consumer credit plan as late for any purpose. Toyota motor credit corporation is in direct violation of 15 USC 1666B by reporting my consumers payments late XXXX  times to XXXX credit reporting agency,XXXX Times to XXXX XXXX credit reporting agency and XXXX times to XXXX credit reporting agency . \n\nToyota motor credit corporation is also in breach of page 3 section 3. d. of contract security agreement by unlawfully repossessing the XXXX XXXX XXXX VIN # XXXX and threatening to sell my property without giving any written notice to the consumer or obtain the consumers written or oral consent and by failing to enter into binding arbitration, if there was a discrepancy about an unpaid balance, default on the contract agreement or any repossession of the vehicle, the security agreement contract explicitly states that any and all disputes shall be settled by binding arbitration. \n\nThe consumers security application and security agreement contract was then transferred XXXX XXXX XXXX XXXX XXXX ( a registered investment company in accordance with 12 USC 1820a ( d ) ( 6 ) ) and securitized as a receivable as self-liquidating commercial paper in accordance with 17 CFR 216.11 b6 and was then transferred/sold to XXXX XXXX. ( as Indenture Trustee/Securities Intermediary ) to be securitized as a book entry certificate of deposit asset and then sold to XXXX XXXX  XXXX XXXX-D OWNER TRUST with XXXX XXXX XXXX XXXX as owner trustee according to XXXX XXXX XXXX XXXX-D OWNER TRUST underwriting agreement on file with the Securities Exchange Commission and XXXX XXXX  XXXX XXXX-D OWNER TRUST indenture on file with the Securities Exchange Commission along with other affiliates such as XXXX XXXX securities XXXX, XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX  XXXX. , XXXX XXXX  XXXX XXXX XXXX as joint global coordinators book runners and representatives all of which are third parties which the consumer never authorized his information being shared without his consent which is in direct violation of the Gramm Leach Bliley Act 16 CFR 313.10. Toyota Motor Credit Corporation is disclosing the consumers non-public personal information to nonaffiliated third parties. \n\nIn accordance with Office of the Comptroller of Currency ( OCC ) asset securitization L-Sec handbook , Federal Reserve Bank Operating Circular No.10 page 5 section 3.0 - 3.3 and Federal Reserve Act section 16 paragraph 2 a cash advance at par value was received on for my application/promissory note which secured performance of payment of the finance charge owed on behalf of the consumer at which time the lien on certificate of title should have been released. The above mentioned transaction ( purchase money loan or cash advance ) was falsely misrepresented as an auto loan when in fact it is a purchase money loan in accordance with 16 CFR 433.1 ( d ) and Truth in Lending Act regulation Z.\n\nIn accordance with UCC 8-302 Toyota Motor Credit Corporation is falsely claiming holder in due course rights to the security interest collateral known as certificate of title and the XXXX XXXX XXXX, and all proceeds being made from my U.S. Treasury marketable security which is a financial asset to the consumer and Toyota Motor credit corporation and their affiliates are unjustly enriching themselves with the utilization of the consumers fnancial asset and Social Security number trading on the secondary market. Because at the time of the transfer of the contract security from TOYOTA MOTOR CREDIT CORPORATION to XXXX XXXX XXXX XXXX, TOYOTA MOTOR CREDIT CORPORATION transferred the holder in due course rights of the security note to XXXX XXXX XXXX XXXX who then transferred it to other affiliates and is being held by XXXX XXXX XXXX  XXXX-D OWNER TRUST in the name of the consumer as the certificate holder. TOYOTA MOTOR CREDIT CORPORATION is using false and misleading representations to claim holder in due course rights to a contract that it is no longer in possession of pursuant to the underwriting agreement and trust indenture on file with the Securities Exchange Commission. \nThe consumer is the beneficial owner in accordance with 17 CFR 240.13d-3 and 31 CFR 1010.230 of all rights, titles and interest of the all the certificated and uncertificated securities and interest dividend proceeds being derived from the asset backed promissory note/application after the cash advance was received in the name of the consumer under loan account number XXXX, and in accordance with 8 UCC 8-501 said account is a securities account in which a book entry financial assets are being credited to the consumers securities account pursuant to the underwriting agreement and trust indenture on file with the Securities Exchange Commission. \nToyota Motor Credit corporation ( Administrator/Servicer/Sponsor ) with XXXX XXXX as XXXX XXXX XXXX XXXX XXXX XXXX including its affiliated entities such as Toyota Financial Services, XXXX XXXX XXXX XXXX  XXXX XXXX ( Depositor ) XXXX XXXX  XXXX  XXXX-D Owner Trust ( as issuer ), XXXX XXXX. ( as Indenture Trustee insecurities intermediary ) with XXXX XXXX as trustee, XXXX XXXX XXXX XXXX ( as Owner Trustee/Certificate Registrar ) XXXX XXXX XXXX XXXX as XXXX and all related persons, partners and subsidiaries, is alleged to be engaging in securities fraud and tax evasion through substantial false and misleading misrepresentations in holder in due course rights. These misrepresentations involve collusion, forgery, intentional omissions, and distortions related to consumers ' credit. Toyota Motor Credit Corporation is engaging in tax evasion by receiving a copy of 1099-A and failing to fulfill their fiduciary duty to discharge the debt and of falsely making inaccurate derogatory marks on the consumers credit reports. \nThis account was intended for household primary goods. TOYOTA MOTOR CREDIT CORPORATION has inaccurately categorized the account as a retail installment agreement when, according to the law, it was a consumer credit sale. Additionally, TOYOTA MOTOR CREDIT CORPORATION has failed to charge off the debt on its tax records after receiving copies of 1099-A via email from the IRS and a physical copy via Certified mail from the consumer. on XXXXand the consumer, sent correspondence via Certified Mail to TOYOTA MOTOR CREDIT CORPORATION with the attention to the legal department, and TOYOTA MOTOR CREDIT CORPORATION XXXX XXXX XXXX XXXX trustee for XXXX XXXX. ( Securities intermediary ) This correspondence was Notice to formally withdrawal of consent to the Special Power of Attorney and the relinquishing of any security interest derived from U.S. marketable treasury securities as well as secondary market exchanges. In accordance with Uniform Commercial Code Article 3 section 3601 ( a ) the debt is discharged. The Retail Installment Agreement specifically sates on page 3 in paragraph 2. c., that the security interest granted in the certificate of title for the XXXX XXXX XXXX secured performance of payment for the the purchase money loan agreement/credit sale \" and secured payment for all amounts owed in the contract. '' According to 16 CFR 433.1, a retail installment agreement is indeed a credit sale, especially since the consumer 's social security number was utilized in the transaction. Moreover, CONGRESS classifies this type of transaction as a credit card. It is noteworthy that TOYOTA MOTOR CREDIT CORPORATION shareholder reports and underwriting agreement on file with the Securities Exchange Commission explicitly state that the extensions of credit ( the collateral ) may take the form of \" PROMISSORY NOTES '' and \" Letters of Credit. '' Despite these facts, TOYOTA MOTOR CREDIT CORPORATION continues to pursue payment for the debt of a vehicle when the debt was already paid. Despite investing considerable time on the phone in attempts to resolve the issue with TOYOTA MOTOR CREDIT CORPORATION customer service, my efforts have been in vain. TOYOTA MOTOR CREDIT CORPORATION continues to insist on payment for an alleged debt, yet they have not furnished me with a genuine FULL copy of the original agreement executed by all parties with wet-ink signatures. Additionally, they have failed to grant me access to any master account/consumer account associated with the securitization of the credit sale agreement. TOYOTA MOTOR CREDIT CORPORATION has not provided consumer with official treasury forms that were filed under consumer 's social security number. Consumer reporting agencies ( XXXX, XXXX, XXXX, ) hard inquiries prove consumer credit was pulled. By the rules that govern TOYOTA MOTOR CREDIT CORPORATION and it's affiliates under the FCRA, FTC and 16 CFR 433.1, 16 CFR 433.2 and 16 CFR 433.3, TOYOTA MOTOR CREDIT CORPORATION is bound to follow all guidelines when offering retail installment agreements, and per the contract, as a consumer my rights can be asserted at any time. The debt securities, along with all associated rights, title, and interest, have been sold to other companies. TOYOTA MOTOR CREDIT CORPORATION acting as a servicer, is not allowed to genuinely collect since it transferred the liability ( holder in due course rights ) to its subsidiary, XXXX XXXX XXXX XXXX XXXX, ( Depositor ). \n\nAccording to TOYOTA MOTOR CREDIT CORPORATION 's underwriting agreement ( pg. 2 ) on file with the Securities Exchange Commission, the finance company bundled consumer commercial paper securities, including all related rights, and sold them to XXXX XXXX XXXX XXXX XXXX, ( Depositor/Servicer ) as part of a securitization process. The latter then sold the portfolio of receivables to XXXX XXXX XXXX XXXX-D OWNER TRUST, an asset-backed securities issuer trust. XXXX XXXX XXXX XXXX-D OWNER TRUST utilized the purchased receivables as collateral for issuing notes and residual certificates. As indicated in TOYOTA MOTOR CREDIT CORPORATION 's shareholder report, the finance company serves as the sponsor and servicer of the underlying collateral, but it no longer owns the obligation resulting in TOYOTA MOTOR CREDIT CORPORATION having no rights to payment or to repossess vehicles. Additionally, SEC filings and reports reveal that tranches of \" auto loan receivables '' are being sold to numerous investors on public exchanges, such as the ones named above and consumers have not received any value in return for this exchange. Per the Securities Exchange Act, collateral can only be in the form of SECURITIES ( not vehicles ). The consumer, as the bona fide purchaser, holds the right to residual returns, as indicated by statements bearing consumer 's name detailing book-entry securities and residuals from derivative certificates apparently hedged with partner companies. In SEC filings, TOYOTA MOTOR CREDIT CORPORATION 's affiliated companies affirm that the consumer is entitled to claims and rights, being a bona fide purchaser for value or an actual secured party with a perfected security interest according to applicable state law. Under the IRS rules regarding 1099c,1099oid & 1099a, companies must provide consumer with a copy of appropriate 1099c for accurate IRS reporting for any debt over {$600.00}. TOYOTA MOTOR CREDIT CORPORATION has not provided copies of the IRS forms filed with the U.S. Treasury and it does not appear that they are filing the proper taxes with IRS. It appears from my consolidated statement this account may be classified as an IRA, which clearly it is not. According to TOYOTA MOTOR CREDIT CORPORATION 's shareholder reports the debt discharged amounts as gains on extinguishments, and the monthly receivables as GOOD WILL. \n\nDue to TOYOTA MOTOR CREDIT CORPORATION 's non-compliance consumer will have no choice but to file Forms 3949-A and 211 along with other applicable OMB IRS forms with the treasury to audit consumer 's account to make sure accurate reporting and taxes are rendered, along with all OMB IRS forms needed to conduct an audit on consumer account. Due to the recent change in consumer laws please serve this as NOTICE that upon a VALID PROOF OF CLAIM notarized under penalty of perjury, consumer refuses to remit any funds until all documentary evidence of the accounting on the public and private side of consumers account in accordance with 45 CFR 501.6, 15 USC 44 and 31 USC 1501 i.e. TOYOTA MOTOR CREDIT CORPORATION 'S internal Master Account. TOYOTA MOTOR CREDIT CORPORATION is to immediately stop any debt collection activities and credit reporting until said company provides all information under the penalty of perjury for documentation. \n\n\nTOYOTA MOTOR CREDIT CORPORATION along with XXXX XXXX XXXX  XXXX-D OWNER TRUST ( The Issuer ) is in breach of contract and in breach of trust Pursuant to the contract agreement with the consumer and the Trust Indenture on file with the Securities Exchange Commission dated as of XX/XX/XXXX where it explicitly states on page 13 of Article 3 ( III ) Section 3.07 Persons Deemed Certificateholders, it clearly states that prior to due presentation of a certificate for registration of transfer the Owner Trustee or Certificate Registrar may treat the person in whose name any certificate shall be registered in the certificate register as the owner of such certificate for the purpose of receiving distributions pursuant to Section 5.02 and for all other purposes whatsoever. As the certificate is in the name of the consumer and the consumer is entitled to all distributions in accordance with section 5.02 of the Trust Indenture. And also on page 16 of the trust indenture agreement Article 5 ( V ) application of trust funds certain duties section 5.02 APPLICATION OF TRUST FUNDS ; CERTAIN DUTIES part ( a ) it explicitly states For so long as any Notes are outstanding, on each Payment Date, the Indenture Trustee will distribute to the Certificateholders, on a pro rata basis, based on the Percentage Interests thereof, the amounts distributable thereto pursuant to Section 5.06 of the Sale and Servicing Agreement and Section 3.01 of the Indenture. From and after the date on which the Notes of all Classes have been paid in full, the Paying Agent shall distribute to the Certificateholders ( XXXX ) amounts released to the Trust pursuant to Sections 4.02 and 8.05 ( b ) of the Indenture and Section 5.01 ( d ) of the Sale and Servicing Agreement and ( ii ) amounts that are distributable to the Certificateholders in accordance with the instructions of the Servicer pursuant to Section 5.06 of the Sale and Servicing Agreement. And also on page 17 of the trust indenture section 5.03 Method of Payment : it states that distributions required to be made to Certificateholders on any Payment Date shall be made to each Certificateholder of record on the related Record Date either by check mailed to such Certificateholder at the address of such Holder appearing in the Certificate Register or by wire transfer, in immediately available funds, to the account of any Certificateholder at a bank or other entity having appropriate facilities therefor, if such Certificateholder shall have provided to the Certificate Registrar appropriate written instructions at least five ( 5 ) Business Days prior to such Payment Date.","date_sent_to_company":"2024-04-03T11:21:37.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"07105","tags":null,"has_narrative":true,"complaint_id":"8694294","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TOYOTA MOTOR CREDIT CORPORATION","date_received":"2024-04-03T10:43:51.000Z","state":"NJ","company_public_response":null,"sub_issue":"Company explaining amount owed"},"highlight":{"complaint_what_happened":["This account was intended for <em>household</em> primary <em>goods</em>. TOYOTA MOTOR CREDIT CORPORATION has inaccurately categorized the account as a retail installment agreement when, according to the law, it was a consumer credit sale."],"product":["<em>Vehicle</em> loan or lease"]},"sort":[11.906265,"8694294"]},{"_index":"complaint-public-v1","_id":"9103695","_score":9.704621,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"XXXX XXXX, as parent Company, XXXX XXXX XXXX XXXX XXXX, ( Issuing Entity with respect to Securities ), ( XXXX XXXX Key Number : XXXX ) XXXX XXXX XXXX XXXX XXXX Sponsor with respect to commission file number : XXXX ) ( XXXX XXXX Index Number : XXXX ), XXXX XXXX XXXX XXXX XXXX Depositor with respect to Securities ) ( Central Key Index Number : XXXX ), XXXX XXXX XXXX XXXX XXXX XXXX as XXXXwner trustee, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as indenture trustee Title of each class : Common stock Trading symbol : XXXX XXXX : XXXX XXXX file number : XXXX Exeter Automobile Receivables XXXX XXXX ( Exact name of Issuing Entity as specified in its charter ) Central Index Key Number of issuing entity : XXXX XXXX, XXXX ( Exact name of Depositor / Registrant as specified in its charter ) Central Index Key Number of depositor and registrant : XXXX Exeter Finance LLC ( Exact name of Sponsor as specified in its charter ) Central Index Key Number of sponsor : XXXX commission file number XXXX, Trading symbol : XXXX, XXXX XXXX XXXX  as owner trustee, XXXX XXXX XXXX as indenture trustee On XX/XX/XXXX I went into a consumer credit contract with XXXX XXXX XXXX & they assigned Exeter Finance LLC as the servicer they are in violation of I. 16 CFR 433.2 as defined in the Federal Trade Commission Act the holder in due course rule is to ensure that consumer credit contracts used in financing retail purchase of consumer goods or services specifically preserve the consumers rights against the seller. \nXXXX. XXXX2 CFR 1026.6 which is in violation of 15 USC 1638 ( a ) ( 2 ) ( a ), Regulation Z Truth in Lending Act under Full disclosure of my rights. \nXXXX. 12 CFR 360.6 ( 2 ) ) which is in violation of section 15G of Securities Exchange Act 15 USC 78a added by Section 941 ( b ) of the Dodd-Frank Wall Street Reform and Consumer Protection Act Transparency regarding the process of the consumer credit application being the financial asset as well as self-liquidating paper ( 17 CFR 260.11B ( 6 ) IV. 12 CFR 222.72 which in violation of Section 1100F of the Dodd-Frank Act amended the FCRA.\n\nV. 12 CFR 1680 which is in violation of 15 USC 1630 & is civilly liable to me under 15 USC 1640 and Im seeking out my relief under 15 USC 1640. \n\nI. In addition, I was given false and deceptive information, as I was informed that a down payment of {$4200.00} & full coverage insurance was needed for me to drive off the lot. Notice that Pursuant to 15 U.S. Code 1635 : Within 10 ( ten ) days after receipt of a notice of rescission, the creditor shall return to the obligator any money or property given as earnest money, down payment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under 17 CFR 260.11b ( XXXX ) ). \nI have reason to believe that XXXX, willingly and knowingly took advantage of me and the consumer credit transaction. Pursuant to 15 U.S. CODE 1605 ( a ) : the amount of a finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges. \n\nOn XX/XX/XXXX I sent Exeter finance LLC their contract back to them revoking anyone all proceeds in the title, security interest, right to repossess, maintenance & servicing, insurance and any other proceeds stamped using 31 CFR 328.5 as explained in 31 CFR 328.6 signed & notarized to be set off. On XX/XX/XXXX Exeter Finance LLC came to my private domain and repossessed my car without notice as Bonafide purchaser who went into XXXX Dealership with clean hand and in good faith for value to get a car for family household and personal to et from point a to point b making me put down cash with a customer credit application when on the contract it say that by signing this contract you choose to buy the vehicle on credit & this contract is the sum of all charges. It also says that I am selling this contract to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. \n\nA contract is between a Seller & Creditor which means this contract is between XXXX XXXX XXXX XXXX XXXX Exeter Finance LLC my car was suppose to come free of any lien but the dealership doesn't tell you that according to SECTION 4.1 Protection of Title of Transferee in Exeter Finance LLC in their Contribution Agreement : Filed in ( a ) At or prior to the Closing Date, Transferor shall have filed or caused to be filed a UCC-1 financing statement, naming Transferor as seller or debtor, naming Transferee as purchaser or secured party and describing the Conveyed Assets being sold by it to Transferee as collateral, with the office of the Secretary of State of the State of Delaware and in such other locations as Transferee shall have required. From time to time thereafter, Transferor shall execute and file such financing statements and cause to be executed and filed such continuation statements, all in such manner and in such places as may be required by law fully to preserve, maintain and protect the interest of Transferee under this Agreement and of the Indenture Trustee under the Indenture in the Conveyed Assets and in the proceeds thereof. Transferor shall deliver ( or cause to be delivered ) to Transferee and the Indenture Trustee file-stamped copies of, or filing receipts for, any document filed as provided above, as soon as available following such filing. In the event that Transferor fails to perform its obligations under this subsection, Transferee or the Indenture Trustee may do so, at the expense of the Transferor. In furtherance of the foregoing, the Transferor hereby authorizes the Transferee or the Indenture Trustee to file a record or records ( as defined in the applicable UCC ), including, without limitation, financing statements, in all jurisdictions and with all filing offices as the Transferee may determine, in its sole discretion, are necessary or advisable to perfect the security interest granted to the Transferee pursuant to Section 5.9 of this Agreement. Such financing statements may describe the collateral in the same manner as described herein or may contain an indication or description of collateral that describes such property in any other manner as such party may determine, in its sole discretion, is necessary, advisable or prudent to ensure the perfection of the security interest in the collateral granted to the Transferee herein. The Indenture Trustee shall not be obligated to file any such records ( including, without limitation, financing statements ) except upon written instruction from the Transferor or the Transferee. \n\n( b ) Transferor shall not change its name, identity, state of formation or corporate structure in any manner that would, could or might make any financing statement or continuation statement filed by Transferor ( or by Transferee or the Indenture Trustee on behalf of Transferor ) in accordance with paragraph ( a ) above seriously misleading within the meaning of 9-506 of the applicable UCC, unless they shall have given Transferee and the Indenture Trustee at least 60 days prior written notice thereof, and shall promptly file appropriate amendments to all previously filed financing statements and continuation statements. \n\nXXXX ( c ) Transferor shall give Transferee and the Indenture Trustee at least 60 days prior written notice of any relocation that would result in a change of the location of the debtor within the meaning of Section 9-307 of the applicable UCC. Transferor shall at all times maintain its principal executive office within the United States of America. \n\nSECTION 4.2 Other Liens or Interests. Except for the conveyances hereunder and the pledge pursuant to the Indenture, Transferor will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on the Conveyed Assets or any interest therein, and Transferor shall defend the right, title, and interest of Transferee in and to the Conveyed Assets against all claims of third parties claiming through or under Transferor. \n\nSECTION 4.3 Costs and Expenses. Transferor shall pay all reasonable costs and disbursements in connection with the performance of its obligations hereunder and under its Related Documents. \n\nWhich stated the car already had a lien on it from the start because you sold it to the Secretary of State first this is why you give us the false deception that we have to register our cars when that is optional the car was not the collateral the title was the collateral for XXXX to receive the cash for my instrument once signed by a consumer. These corporations are committing organized crime, insider trading & questioning their fudiciary duties. I have made the FTC aware of these crimes & hope that you take immediate reaction in resolving your mistake, and that hopefully a resolution can be achieved without the need to further legal action. This situation has left me & my family vulnerable not able to make it back & fourth to work so I lost my job, missed doctors appointments, emotionally and physically stressed.","date_sent_to_company":"2024-05-26T16:28:08.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"603XX","tags":null,"has_narrative":true,"complaint_id":"9103695","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Exeter Finance, LLC.","date_received":"2024-05-26T16:13:12.000Z","state":"IL","company_public_response":null,"sub_issue":"Account reinstatement or redemption after repossession"},"highlight":{"complaint_what_happened":["On XX/XX/XXXX Exeter Finance LLC came to my private domain and repossessed my car without notice as Bonafide purchaser who went into XXXX Dealership with clean hand and in good faith for value to get a car for family <em>household</em> and personal to et from point a to point b making me put down cash with a customer credit application when on the contract it say that by signing this contract you choose to buy the <em>vehicle</em> on credit & this contract is the sum of all charges."],"product":["<em>Vehicle</em> loan or lease"]},"sort":[9.704621,"9103695"]},{"_index":"complaint-public-v1","_id":"4631944","_score":8.328142,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT RESCISSION OF CONTRACT / DISSOLUTION OF ALL AGREEMENTS / REVOCATION OF POWER ( S ) OF ATTORNEY IMPLIED AND/OR EXPRESSED, REVOCATION OF ALL TRUSTS/CONTRACTS IMPLIED AND/OR EXPRESSED INCLUDING ALL INITIALS, MARKS, ETC ON ALL CONTRACTS FOR CAUSE 12 CFR 226.23 ALSO TILA 226.23 APP'X. \n\nCONSUMER DECLARATIONS UNDER PENALTY OF PERJURY - ACTUAL AND CONSTRUCTIVE NOTICE - SELF-EXECUTING RESCISSION OF ALL SIGNATURES, DISSOLUTION OF ALL AGREEMENTS, REVOCATION OF ALL POWER ( S ) OF ATTORNEY, & RECISSION OF ALL CONTRACTS ATTENTION : NOTICE TO ALL AGENTS/ OWNERS OF MERCEDES-BENZ FINANCIAL SERVICES : XXXX XXXX XXXX XXXX-XXXX-AGENT, XXXX XXXXPRESIDENT XXXX XXXX XXXXVP XXXX MERCEDES-BENZ FINANCIAL SERVICES AND/OR ANY SUBSIDIARIES THEREOF I, XXXX XXXX XXXX XXXX XXXX XXXX the consumer/grantor, a living soul on the land until proven otherwise, do hereby rescind for cause my signature on all [ contracts ] instruments along with any and all power ( s ) of attorney for failure to disclose risks, perils, responsibilities, and for FRAUD committed by the seller MERCEDES-BENZ OF BURLINGTON against the consumer/grantor, as well as non-disclosure of material facts including but not limited to the fact that the PRINCIPAL, XXXX XXXX XXXX XXXX [ a legal fiction ] by and through the undersigned 's signature, extended the credit used to obtain the XXXX XXXX XXXX VIN # XXXX from the seller MERCEDES-BENZ OF BURLINGTON located at XXXX XXXX XXXX XXXX XXXX MA XXXX County XXXX Massachusetts.However XXXX XXXX XXXX XXXX themselves as both the creditor and seller. It was never disclosed to me that as the consumer/ grantor, the undersigned is in fact the true creditor per 15 USC 1692a ( 4 ). I, XXXX XXXX, XXXX XXXX the consumer/grantor for Principal XXXX XXXX XXXX XXXX [ legal fiction ] was also led to believe that XXXX XXXX XXXX was lending money to me for the lease of the XXXX XXXX XXXX VIN # XXXX which is to be paid over a period of 48 months in the amount of {$570.00} per month ; as stated in their written communication on the instrument/agreement. This is a violation of 15 USC 1692e ( a ) As well as the following : PUBLIC POLICY 73d CONGRESS. SESS. I. CHS. 48, 49. XX/XX/XXXX, XXXX, XXXX. Resolved by the Senate and House of Representatives of the Clauses in requiring gold, United States of America in Congress assembled, That every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public obligation policy ; and no such provision shall be \" \" `contained in or made with respect to any obligation hereafter incurred. Every obligation, to be made heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts. Any such provision contained in any law authorizing obligations to be issued by or under authority of the United States, is hereby repealed, but the repeal of any such provision shall not invalidate any other provision or authority contained in such law.\n\nVIOLATION OF FDCPA AND TILA MERCEDES-BENZ OF BURLINGTONs agents are also found in violation of Fair Debt Collection Practices Act for their failure to provide 2 copies of my rights of rescission ( 15 USC 1635 ) along with several other blatant omissions of material facts throughout the entire consumer transaction. This resulted in the subsequent fraudulent pilferage/obtainage of all my signatures executed in my natural and grantor capacities. It was also never disclosed to me that per the Truth in Lending Act, I as the consumer had the ability/option to settle the debt on behalf of the Principal/Obligor XXXX XXXX XXXX XXXX XXXX a legal fiction ] l at the time of the credit sale by way of the finance charge which is the cost of the consumers credit per CFR 12 226.4.\n\nVIOLATION OF 16 CFR 444.3 - UNFAIR OR DECEPTIVE COSIGNER PRACTICES The finance manager for Mercedes-benz of burlington, provided the consumer with paperwork which listed Mercedes-benz of burlingtonas seller and creditor. Your agents drew up paperwork which used deceptive language in the consumer credit application to obtain financing from MERCEDES-BENZ FINANCIAL SERVICES but no such finance was ever obtained by me as the creditor and original party to this transaction. I was then led to believe that I was the borrower when in fact I as the creditor per 15 USC 1692 ( a ) acted as cosigner for the financing received by the dealership. Furthermore, MERCEDES-BENZ OF BURLINGTONs agents did not disclose that upon I, the consumer providing the social security number ( credit card ) per the Truth in Lending Act 15 USC 1601 ( I ) the transaction was subject to 18 USC 8. Also the cardholder ( XXXX XXXX, XXXX XXXX XXXX also known as the consumer who is the ORIGINAL CREDITOR in the consumer credit transaction was not told that credit would be used by the dealership and the financial institution MERCEDES-BENZ FINANCIAL SERVICES to obtain funding from the federal reserve bank per ( 12 USC 1431 ) in the consumer 's name, and returned as a loan which constitutes identity theft. Nothing of value was paid, no consideration from dealership MERCEDES-BENZ OF BURLINGTON or its agents was provided to XXXX XXXX, XXXX XXXX : consumer on behalf of the Principal XXXX XXXX XXXX XXXX [ legal fiction ] Further Violations under Massachusetts Statutory Law XXXX XXXX finance manager for the seller MERCEDES-BENZ OF BURLINGTON, stated that Power of Attorney must be granted to MERCEDES-BENZ OF BURLINGTON in order to register my household good ( s ) with the STATE OF MASSACHUSETTS on my behalf for the purpose of license plates and DMV tags verifying registration of my private automobile.This is a direct violation of Massachusettes Statutory law which states the following : Since a sale of personal property is not required to be evidenced by any written instrument in order to be valid, it has been held in Massachusetts that there may be a transfer of title to an automobile without complying with the registration statute which requires a transfer and delivery of a certificate of title. N.C. Law Review Vol. 32 page 545, Carolina Discount Corp. v. Landis Motor Co., 190 N.C. 157. The following shall be exempt from the requirements of registration and the certificate of title : 1. ) Any such vehicle driven or moved upon the highway in conformance with the provisions of this Article relating to manufacturers, dealers, or nonresidents. 2. ) Any such vehicle which is driven or moved upon a highway only for the purpose of crossing such highway from one property to another. XXXX ( 1 ) ( 2 ) ( comment : not driven or moved upon the highway for transporting persons or property for profit. ) ( Case note to North Carolina G.S. 12-3 Statutory Construction ). It also further solidifies the deception as I later learned that by signing POA under duress as I was pressured to do so by her and my sales agent XXXX, that I am giving up all rights to my property which is how they would later have authority to repossess my private property if I failed to pay the monthly gift to the dealership that they deceptively term a car note They also failed to inform me that upon receiving my signature on the application which is a promissory note that the automobile would be paid in full. Instead they receive the benefits by taking POA and make me liable for a loan I would never actually receive!\n\nViolation of The Sherman  ACT of 1890 and the Clayton ACT of XXXX Both Acts clearly prohibit and outlaw practices that are harmful to the consumer such as but not limited to, forcing the consumer into a monopoly. The STATE OF Massachusetts as confirmed by their D-U-N-S identification number XXXX is a private fictitious corporation operating as agent/agency under the UNITED STATES, a foreign entity based within the 10 mile radius of the District of Columbia. [ Acts of the Forty-first Congress, Section 34, Session III, chapters 61 and 62, ] MERCEDES-BENZ OF BURLINGTON has been found in violation of these acts by inducing me into fraudulently registering my household goods with the State, in which they too ( MERCEDES-BENZ OF BURLINGTON ) stand to profit from as outlined in the contract under fees. All these being evidence of a forced monopoly. \n\nRescission Of Agreement/Contract Revocation Of Powers Of Attorney Therefore, without exception, any and all agreements, documents, and contracts between XX/XX/XXXX through the date of this Actual and Constructive Notice through to the date of my natural death, issued to me or the Principal XXXX XXXX XXXX XXXX [ legal fiction ], in all matters are considered void for failure to disclose information and because such lack of disclosure could otherwise result in long term financial damages to me as the consumer and further subject me to involuntary servitude which is a direct violation Thirteenth Amendment ( Amendment XIII ) to the United States Constitution. Slavery and involuntary servitude. Slavery is forever prohibited. Involuntary servitude, except as a punishment for crime whereof the parties have been adjudged guilty, is forever prohibited.\n\nAll unconscionable contracts are subject to rescission under the common law as well Federal law as evidenced by 15 U.S. Code 1635 for failure to make the proper disclosures in order to constitute an acceptance. Where there is no meeting of the minds there is no contract as required by 226.23 ( b ) ( 1 ) regarding notice of right to rescind as set forth in re XXXX v. XXXX XXXX XXXX, 281 B.R. 101, ( XXXX  ) ; XXXX. XXXX XXXX. The UCC addresses unconscionable in UCC 2-302. See UCC 2-106 I further cancel and revoke any and all Powers of Attorneys ( POA ), granted to MERCEDES-BENZ OF BURLINGTON located at XXXX XXXX XXXX, XXXX MA XXXX and all officers and agents the same to act on behalf of myself in my natural/grantor capacity or on behalf of the Principal, MIGUEL ANGEL AZOR KERY.. I also revoke and cancel all agreements or otherwise arising from any such signatures, all resulting agreements resulting from force, under threat of being denied access to One 's own credit among others, involuntary servitude, [ Thirteenth Amendment ( Amendment XIII ) U.S Constitution ] and peonage by adhesion contract, committed against myself. Furthermore, any agreements/adhesion contracts whether expressed, implied or otherwise are hereby revoked, canceled nunc pro tunc from XX/XX/XXXX to 100 years from today 's date. \n\nCONSUMER DECLARATION OF GRANTOR/SETTLOR STATUS CLAIM OF ALL SECURITY INTERESTS There has been no other claimant known to Affiant, and there NEVER will be any other claimant for the GRANTORSHIP, SETTLORSHIP/ SOLE BENEFICIARYSHIP of my CREDIT as the consumer nor the granted extension thereof. As the original party to this agreement I cancel any security interest obtained by operation of law in favor of MERCEDES-BENZ OF BURLINGTON and/or MERCEDES-BENZ FINANCIAL SERVICES on behalf of all parties involved in this agreement. This agreement shall be canceled as of the date stated in this said notice and shall be effective upon delivery to Mercedes-benz of Burlington and/or Mercedes-Benz Financial Services and all officers and agents the same. Furthermore as owner and beneficiary of the record I claim my security interest in my account and authorize all interest on this account to be released in full for ALL PRINCIPAL PAYMENTS in lawful money of the United States. YOU HAVE TEN ( 10 ) DAYS FROM THE SERVICE OF THIS NOTICE TO RETURN ALL PROPERTY GIVEN FOR FINANCING FOR ACTIVATION OF THIS ACCOUNT ON CREDIT. NOTE* Attached hereto is the ( The Vehicle Lease Agreement ) being returned back to you cancelled as of 08/13/2021 please update your records and send confirmation of my receipt of cancellation.\n\nCONSUMER NOTICE TO MERCEDES- BENZ OF BURLINGTON FOR VIOLATION OF PUBLIC LAW XXXX XXXX AND DEMAND FOR RETURN OF DOWNPAYMENT I AM FURTHER DEMANDING THAT THE DOWNPAYMENT OF XXXX XXXX XXXX XXXX  AND XXXX WHICH WAS TAKEN BY FINANCE XXXX OF XXXX XXXX XXXX FOR THE XXXX XXXX XXXX XXXX VIN # XXXX BE RETURNED TO XXXX XXXX XXXX XXXX XXXX XXXX authorized representative /grantor ) VIA CERTIFIED CHECK ALONG WITH ANY ACCUMULATED INTEREST NO LATER THAN 10 DAYS FROM RECEIPT OF THIS NOTICE AS YOUR ORGANIZATION HAS BEEN FOUND IN VIOLATION OF PUBLIC LAW 93-321 142. Which states the following : No Advertising of downpayments and installments advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state ( 1 ) that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payments or installments for that period and in that amount. ( 2 ) that a specified downpayment is required in connection with any extension of consumer credit, unless the creditor usually and customarily arranges downpayments in that amount. \n\n\n\nCONSUMER DECLARATION UNDER PENALTY OF PERJURY I, XXXX XXXX, XXXX XXXX consumer/grantor hereby give declaration under penalty of perjury the following : I did not in the past, do not now, nor in the future intend and never do intend to purposely or otherwise avail myself to be held in economic and/or involuntary servitude, peonage, slavery, Trusteeship and/or opportunities offered. \n\nI, XXXX XXXX, XXXX XXXX the authorized representative and grantor/ sole beneficiary for and on behalf of XXXXIGUEL ANGEL AZOR KERY [ a legal fiction ] now affix my autograph & seal to these declarations under penalty of perjury : Consumer Rescission of Contract Revocations of Power ( s ) of Attorney, Revocations of all Trusts/Contracts Without Prejudice, Under Reserve 1-308 GrantorXXXX XXXX XXXX XXXX XXXX the house of XXXX XXXX This is the last time that I communicate with you by this means, of you not giving in to what I am asking you since I have evidence of every fraud and violation of the United States and State codes that you violate and continue to violate to take my case to federal court.","date_sent_to_company":"2021-08-14T14:18:34.000Z","issue":"Managing the loan or lease","sub_product":"Lease","zip_code":"01841","tags":null,"has_narrative":true,"complaint_id":"4631944","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mercedes Benz Financial Services","date_received":"2021-08-14T13:55:08.000Z","state":"MA","company_public_response":null,"sub_issue":"Loan sold or transferred to another company"},"highlight":{"complaint_what_happened":["CONSUMER DECLARATION OF GRANTOR/SETTLOR STATUS CLAIM OF ALL <em>SECURITY</em> <em>INTERESTS</em> There has been no other claimant known to Affiant, and there NEVER will be any other claimant for the GRANTORSHIP, SETTLORSHIP/ SOLE BENEFICIARYSHIP of my CREDIT as the consumer nor the granted extension thereof."],"product":["<em>Vehicle</em> loan or lease"]},"sort":[8.328142,"4631944"]},{"_index":"complaint-public-v1","_id":"6476438","_score":6.558555,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"AFFIDAVIT OF RESPONSE FOR CEASE-AND-DESIST CONSUMER ENFORCEMENT AS ADMINISTRATIVE COUNTER-CLAIM BY PRIVATE RIGHT OF ACTION ____________________________________________________________________________________ I, XXXX XXXX ( hereinafter affiant XXXX XXXX being a man in possession of a federally protected consumer XXXX XXXX XXXX, debtor, and holder in due course pursuant UCC 3-306, am writing the man XXXX from the XXXX Household being that senior trustee doing business as EXETER FINANCE in response to EXETER FINANCEs repossession of my private, claimed XXXX XXXX XXXX XXXX property in the State of Illinois. Under the laws of the State of Illinois XXXX and XXXX statutes, a deficiency can not be claimed unless all of the required notices were properly and timely given and all of the allowable redemption and cure time limits were adhered to. \nPlease provide copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject vehicle.If no such proof is provided within 14 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA. \nAdditionally, if you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes and UCC remedies. \nIn addition, I do require EXETER FINANCE to either affirm or deny the following, in writing under the pains and penalties of perjury as I do believe that I am qualified for a grand recoupment due to an extreme Breach of Trust regarding EXETER FINANCE. \nStatement of Facts Fact, EXETER FINANCE, is a for-profit company whose headquarters is located in the area of XXXX, Texas, XXXX, XXXX XXXX XXXX. \nFact, the account in question was opened on XX/XX/XXXX, with, EXETER FINANCE using my personal identification as relayed on my SOCIAL SECURITY CARD i.e. credit cardinformation as defined by Congress in 15 U.S.C. 1602 ( l ). \nFact, ACCOUNT NUMBER XXXX pursuant to 12 CFR 1002.2 ( a ) means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. \nFact, since opening the account in question in on XX/XX/XXXX, I have paid a monthly bill to EXETER FINANCE, online, using my personal debit card information. \nFact, I, the affiant, have received several statements including the subject matter of an attempt to collect an alleged debt for Account number : XXXX. \nFact, I, the affiant, have reason to believe and do so believe, as a federally protected consumer owe no such alleged debt ( XXXX ). \nFact, I, the affiant, have reason to believe and do so believe that all past, present, and future billing statements received by EXETER FINANCE are billing errors under 12 CFR 1026.13 ( a ), beginning with the date the account was opened on XX/XX/XXXX. \nFact, I, the affiant, have reason to believe and do so believe that all past, present, and future billing statements received by EXETER FINANCE are billing errors under 12 CFR 1026.13 ( a ), beginning with the date the account was opened on XX/XX/XXXX. \nFact, I, the affiant, am aware that EXETER FINANCE, failed to provide me with the General Disclosures which are requirements pursuant 12 CFR 1026.17 and is a violation of said section. \nFact, I, the affiant, am asserting my right to acquire documentary evidence in accordance with 15 U.S.C. 44 for the books of account as defined in IRS Publication 583, to explain and address such subject matter contained in said billing statements. I'd like to access both the journal and credits of the account, as well as the ledger and debits of the account, in order to verify the current accounting and taxes related to this account. \nFact, in accordance with 15 U.S.C. 1666d, if there is a credit of account balance with surplus over 1 dollar in accordance with the journal and ledger entries described in IRS Publication 583, the amount balance should be credited and the remaining balance directed to I, the consumer by check. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount.\n\nFact, I, the affiant, am aware, with resolving this billing error, the creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S. Code 1666 ( e ).\n\nFact, EXETER FINANCE shall follow the following procedures as defined pursuant 12 CFR 1026.13 ( e ) : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable ; and ( 2 ) Mail or deliver a correction notice to the consumer. I hereby demand that all future coupons be sent to my place of abode, as listed on the account in question, in the form of a check, from XX/XX/XXXX current, and future payments. \nFact, I, the affiant, hereby invoke my right as a consumer to withhold all past, present, and future disputed amounts pursuant 12 CFR 1026.13d ( 1 ).\n\nFact, I, the affiant am aware, that, EXETER FINANCE as the creditor may not collect any disputed amount. As a federally protected consumer, who does not need to pay, the creditor can not restrict, accelerate payment, or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by EXETER FINANCE will forfeit its rights to collect the disputed amount as described in 15 U.S. Code 1666 ( e ) and hold the creditor liable under 15 U.S. Code 1693m for EXETER FINANCE for the actual damage caused to I, the affiant, as well as held to criminal liability pursuant to 15 U.S. Code 1693n for failing to present required documentary evidence as requested to clarify and resolve the previously addressed billing error.\n\nFact, I, the affiant am aware, EXETER FINANCE, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant to 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumers account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section, Fact, I, the affiant am aware, that, in accordance with 16 C.F.R. 433.3 EXETER FINANCE is not exempt from any claims or defenses as described in 16 C.F.R. 433.2 ( a ) as the affiant, may invoke his rights as the debtor in this consumer credit contract against EXETER FINANCE for the unfair and deceptive practices herein as no contract after the date of XX/XX/XXXX, is exempt from 16 C.F.R. 433.3.\n\nFact, I, the affiant, have reason to believe and do so believe, EXETER FINANCE which is a private for profit corporation, regardless of your location, has participated in racketeering activity as defined in Title 18 U.S. Code 1961, by knowingly, intentionally, with forethought and malice have been sending dividends but, in fact, making me believe that dividend was an invoice for services provided by the utilities companies, which is embezzlement, theft by deception and extortion.\n\nFact, I the affiant, have reason to believe and do so believe, EXETER FINANCE is in violation of 18 U.S. Code 1341 by knowingly participating in the fraud through the US Mail.\n\nFact, I, the affiant do hereby request that, EXETER FINANCE show integrity my producing the scheduling balance sheet RC-C showing loans and lease financing receivables or assets and RC-L Call Reports evidencing Securitization of the Purchase Installment Agreement as an Off Balance Sheet Item under the TRANSFER AND SERVICING AGREEMENT and the accounting ledger for the above alleged Automobile Loan transaction, to show that EXETER XXXX is in XXXX XXXX XXXX [ XXXX XXXX XXXX XXXX ] No. XXXX XXXX of XXXX XXXX and credited my payment as a cash deposit and receipt as the Payor when the entry was made under 1813 ( l ) ( 1 ) 1 of title 12. In addition, I require that I and an disinterested third party inspect the 1099A as an acquisition and 1099OID as an Original Issue Discount and the U.S. Informational Tax Return form 1096 showing the Capital Transfer Tax withheld and paid out as a taxable termination by the Trustee of the TRANSFER AND SERVICING AGREEMENT under 2511, 2603 ( 2 ), 2611 ( a ) of title 26 of the Internal Revenue Code. Otherwise EXETER FINANCE is now in possession of contraband upon which a lien has attached under 6324 ( C ( ( 2 ) of title 26 of the Internal Revenue Code until the Capital Transfer Tax is paid in full.\n\nFact, without an affidavit response with a rebuttal, point for point, then I am conditionally accepting your non-reasonable response, as frivolous, and I will file fault judgment in the favor of the interest of I the consumer, holder in due course, attorney, and administrator in fact.\n\nFact, I, the affiant am aware, an unrebutted affidavit stands as truth in commerce.\n\nFact, I, the affiant, am invoking my rights pursuant to 15 U.S. Code 1692c ( c ), I demand you to cease any communications and collection activity of this alleged debt until you can provide me with the requested information in this affidavit herein. \nIn addition XXXX XXXX, I request a copy of the RC-S CALL REPORTS showing EXETER FINANCEs assets or receivables that have sold or securitized for the first and last quarters of the loan period. Schedule RC-S should be completed on a fully consolidated basis. Schedule RC-S includes information on assets that have been securitized or sold and are not reportable on the balance sheet of the Report of Condition, except for certain on-balance-sheet retained interest-only strips ( which are reported in item 2.a of this schedule ), subordinated securities and other enhancements ( which are reported in items 2.b and 9 and Memorandum items 3.a. ( 1 ) and ( 2 ) ), and sellers interests ( which are reported in items 6.a and 6.b ). XXXX, you have fifteen ( 15 ) days from the date of delivery to respond to this notice. Should there be dishonor in the aforementioned requested documentation by way of unrebutted affidavit, failure to disclose requested documents or failure of response, and the particular requests to rectify any fault by EXETER FINANCE herein, will serve as acquiescence and your agreement to a default judgment against your company for the dishonor in the negotiable instrument, bank fraud, creation of the false and deceptive form, mishandling of goods, compromising my relationship with other financial institutions and including stress caused to me in the attempt of exercising my rights in good faith. However, XXXX XXXX I do in good faith expect you to handle these matters with ordinary care to address all subject matter.","date_sent_to_company":"2023-01-23T14:53:13.000Z","issue":"Struggling to pay your loan","sub_product":"Loan","zip_code":"60610","tags":"Older American","has_narrative":true,"complaint_id":"6476438","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Exeter Finance, LLC.","date_received":"2023-01-23T14:44:15.000Z","state":"IL","company_public_response":null,"sub_issue":"Lender trying to repossess or disable the vehicle"},"highlight":{"complaint_what_happened":["Schedule RC-S includes information on assets that have been securitized or sold and are not reportable on the balance sheet of the Report of Condition, except for certain on-balance-sheet retained interest-only strips ( which are reported in item 2.a of this schedule ), subordinated <em>securities</em> and other enhancements ( which are reported in items 2.b and 9 and Memorandum items 3.a. ( 1 ) and ( 2 ) ), and sellers <em>interests</em> ( which are reported in items 6.a and 6.b )."],"product":["<em>Vehicle</em> loan or lease"],"sub_issue":["Lender trying to repossess or disable the <em>vehicle</em>"]},"sort":[6.558555,"6476438"]},{"_index":"complaint-public-v1","_id":"10717011","_score":4.765311,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"OUR COMPLAINT\nI XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  United States of\nAmerican I XXXX, have look at my credit report and see that there are\ninaccurate reports on my account child support dont not report to credit reporters and by\nlawful cancellation all contracts and remove theses accounts off my credit profile I will like a\ncontract to show that me a living soul that me and them the other party showed in contact\nwhere we both agreed upon on all disclosure must be showed its a invalid contract please\nremove from my credit report it have hinder me from my future benefits. UCC 1-308 without\nprejudice Please remove these accounts immediately. I Recently viewed my credit report\nand saw that there is incorrect information on my credit report. In accordance with the Fair\nCredit Reporting act. These accounts is inaccurate and dont have no contract with me or\ndid not notify me or put me on notice that was going to report these accounts on my credit\nreport. I have the rights to private I will love equity for all the inaccurate accounts on my\ncredit report.The List of accounts below has violated my federally protected consumer rights\nto privacy and confidentiality under 15 USC 1681. I HAVE NOTICE THESE NAMES AND\nADDRESSES XXXX XXXX XXXX XXXX XXXX XXXX is not my address DO NOT BELONG TO ME CAN YOU\nPLEASE REMOVE THIS ADDRESS FROM MY INFORMATION ON MY CREDIT REPORT\nIMMEDIATELY. : I have tried time after times delete this\noff my credit report immediately this is not acting in good Faith by law to delete this account immediately yes deleted this account IMMEDIATELY . (XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Trans Union have removed and deleted this child support. I would this is my XXXX  time contacting \nXXXX  to deleted it and they put it back in my credit report its a VIOLATION by law thats\nillegal I will like for these accounts to be deleted and remove this account immediately. XXXX XXXX XXXX XXXX XXXX, has\nviolated my rights. 15 U.S.C 6802 (B) The consumer is given the opportunity, before the time\nthat such information is initially disclosed, to direct that such information not be disclosed to\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX  such XXXX  party; and (C)the consumer is given an explanation of how the consumer can\nexercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to\nprivacy. 15 U.S.C 1681 Section 604 A Section 2: It also states a consumer reporting agency\ncannot furnish an account without my written instructions. 15 U.S.C 1681c. (a)(5) Section\nStates: no consumer reporting agency may make any consumer report containing any of the\nfollowing items of information Any other adverse item of information, other than records of\nconvictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681\nsection 623 If a consumer notifies a furnisher, at an address specified by the furnisher for\nsuch notices, that specific information is inaccurate, and the information is, in fact,\ninaccurate, the furnisher must thereafter report the correct information to CRAs. Section\n623(a)(1)(B). 15 U.S.C. 1681s-2 (A)(1) A person shall not furnish any information relating to a\nconsumer to any consumer reporting agency if the person knows or has reasonable cause\nto believe that the information is inaccurate. Also the credit bureaus failed to do a complete\na full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING\nAND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY credit profile and I\ndont not want the reporting any thing for me on my credit account I am a living man I can\nconduct my own business and have the right to privacy bay law UCC I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. You have 4 days to delete this from my account immediately its hurt my credit profile from getting a response please to live and depender automobile to travel XXXX XXXX XXXX is my correct name this is a\nviolation. I want this these account CLOSE\n WITH MONETARY RELIEF. They had fail to mail or\nemail me a FRA Letter explaining my rights and show me proof of my wet signature.. Please\nremove ALL HARD INQUIRIES I DUD NOT RECEIVED ANY THING FOR TRANSACTION \n\nTN XXXX XXXX XXXX HAVE VIOLATED MY RIGHTS [TRANSUNION PLEASE DELETE OR UPDATE LATE PAYMENT TO PAID XXXX XXXX XXXX XXXX XXXX XXXX XXXX HAVE VIOLATED MY RIGHT XXXX XXXX XXXX XXXX XXXX have VIOLATED MY RIGHTS I WIL LIKE XXXX dollar for every violation its stopped me from gettIng a place to live and I have already sent letters and emails no response back delete these accounts immediately IMMEDIATE AND SEND CHECK BY MAIL. These accounts dose not match on all credit reports please delete 15 US\n\n15 U.S. Code  1681i\n- Procedure in case of disputed accuracy (5) Treatment of inaccurate or unverifiable\ninformation (A) In general If, after any reinvestigation under paragraph (1) of any information\ndisputed by a consumer, an item of the information is found to be inaccurate or incomplete\nor cannot be verified, the consumer reporting agency shall (i) promptly delete that item of\ninformation from the file of the consumer, or modify that item of information, as appropriate,\nbased on the results of the reinvestigation; and (ii) promptly notify the furnisher of that\ninformation that the information has been modified or deleted from the file of the\nconsumer. 15 U.S. Code  1681q - Obtaining information under false pretenses Any person\nwho knowingly and willfully obtains information on a consumer from a consumer reporting\nagency under false pretenses shall be fined under title 18, imprisoned for not more than XXXX\nyears, or both. 15 U.S. Code  1666b - Timing of payments (a) Time to make payments A\ncreditor may not treat a payment on a credit card account under an open end consumer\ncredit plan as late for any purpose, unless the creditor has adopted reasonable procedures\ndesigned to ensure that each periodic statement including the information required by\nsection 1637(b) of this title is mailed or delivered to the consumer not later than XXXX  days\nbefore the payment due date. (b) Grace period If an open end consumer credit plan\nprovides a time period within which an obligor may repay any portion of the credit\nextended without incurring an additional finance charge, such additional finance charge\nmay not be imposed with respect to such portion of the credit extended for the billing cycle\nof which such period is a part, unless a statement which includes the amount upon which\nthe finance charge for the period is based was mailed or delivered to the consumer not\nlater than XXXX  days before the date specified in the statement by which payment must be\nmade in order to avoid imposition of that finance charge. 15 U.S. Code  1638 -\nTransactions other than under an open end credit plan a) Required disclosures by creditor\nFor each consumer credit transaction other than under an open end credit plan, the creditor\nshall disclose each of the following items, to the extent applicable: (1) The identity of the\ncreditor required to make disclosure. (2) (A) The amount financed, using that term, which\nshall be the amount of credit of which the consumer has actual use. This amount shall be\ncomputed as follows, but the computations need not be disclosed and shall not be\ndisclosed with the disclosures conspicuously segregated in accordance with subsection (b)\n(1): (i) take the principal amount of the loan or the cash price less downpayment and trade-\nin; (ii) add any charges which are not part of the finance charge or of the principal amount\nof the loan and which are financed by the consumer, including the cost of any items\nexcluded from the finance charge pursuant to section 1605 of this title; and (iii) subtract any\ncharges which are part of the finance charge but which will be paid by the consumer before\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX\nor at the time of the consummation of the transaction, or have been withheld from the\nproceeds of the credit. (B) In conjunction with the disclosure of the amount financed, a\ncreditor shall provide a statement of the consumers right to obtain, upon a written request,\na written itemization of the amount financed. The statement shall include spaces for a yes\nand no indication to be initialed by the consumer to indicate whether the consumer wants\na written itemization of the amount financed. Upon receiving an affirmative indication, the\ncreditor shall provide, at the time other disclosures are required to be furnished, a written\nitemization of the amount financed. For the purposes of this subparagraph, itemization of\nthe amount financed means a disclosure of the following items, to the extent applicable: (i)\nthe amount that is or will be paid directly to the consumer; (ii) the amount that is or will be\ncredited to the consumers account to discharge obligations owed to the creditor; (iii) each\namount that is or will be paid to third persons by the creditor on the consumers behalf,\ntogether with an identification of or reference to the third person; and (iv) the total amount\nof any charges described in the preceding subparagraph (A)(iii). XXXX The finance charge,\nnot itemized, using that term. XXXX The finance charge expressed as an annual percentage\nrate, using that term. This shall not be required if the amount financed does not exceed $XXXX  and the finance charge does not exceed XXXX, or if the amount financed exceeds $XXXX  and the\nfinance charge does not exceed XXXXXXXX XXXX) The sum of the amount financed and the finance\ncharge, which shall be termed the total of payments. XXXX) The number, amount, and due\ndates or period of payments scheduled to repay the total of payments. XXXX XXXX XXXX, 520 U.S. 329 (1997) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  TO THE UNITED STATES COURT\nOF APPEALS FOR THE XXXX XXXX XXXX XXXX Argued XXXX XXXX XXXX-Decided XXXX XXXX XXXX Respondents, five Arizona mothers whose children are eligible for state child\nsupport services under Title IV -D of the Social Security Act, filed this 42 U. S. C.  1983 suit\nagainst petitioner, the director of the state child support agency, claiming, among other\nthings, that they properly applied for child support services; that, despite their good faith\nefforts to cooperate, the agency never took adequate steps to obtain child support\npayments for them; that these omissions were largely attributable to staff shortages and\nother structural defects in the State's program; and that these systemic failures violated their\nindividual rights under Title XXXX  to have all mandated services delivered in substantial\ncompliance with the title and its implementing regulations. They requested broad relief,\nincluding a declaratory judgment that the Arizona program's operation violates TitlXXXX XXXX XXXX\nprovisions creating rights in them that are enforceable through a  1983 action, and an\ninjunction requiring the director to achieve substantial compliance with Title IV-D\nthroughout all programmatic operations. The District Court granted summary judgment for\npetitioner, but the XXXX XXXX  reversed. Without distinguishing among the numerous\nprovisions of the complex XXXX XXXX program or the many rights those provisions might\nhave created, the latter court held that respondents had an enforceable individual right to\nhave the State achieve \"substantial compliance\" with XXXX XXXX. It also disagreed with the\nDistrict Court's conclusion that Congress had foreclosed private XXXX XXXX enforcement\nactions by authorizing the Secretary of Health and Human Services (Secretary) to audit and\ncut off funds to States whose programs do not substantially comply with XXXX XXXX\nrequirements Held: XXXX XXXX does not give individuals a federal right to force a state\nagency to substantially comply with XXXX XXXX XXXX  (a) A plaintiff seeking  XXXX  redress must assert the violation of a federal right, not merely of federal lawXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 493 U. S. 103, 106. XXXX  principal factors determine whether a\nstatutory provision creates a privately enforceable right: XXXX whether the plaintiff is an\nintended beneficiary of the statute; (XXXX  whether the plaintiff's asserted interests are not so\nvague and amor- XXXX  Syllabus phous as to be beyond the competence of the judiciary to\nenforce; and (3) whether the statute imposes a binding obligation on the State. SeeXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, 496 U. S. 498, 509. Even if a plaintiff demonstrates such a\nright, however, there is only a rebuttable presumption that it is enforceable under  XXXX.\nDismissal is proper if Congress specifically foreclosed a  XXXX  remedy, XXXX XXXX XXXX,\n468 U. S. 992, 1005, XXXX XXXX XXXX, either expressly, by forbidding recourse to  XXXX  in the\nstatute itself, or impliedly, by creating a comprehensive enforcement scheme that is\nincompatible with individual  XXXX  enforcement, XXXX XXXX XXXX, 512 U. S. 107, 133. XXXX XXXX  (b) Respondents have not established that XXXX XXXX gives them individually\nenforceable federal rights. In prior cases, the Court has been able to determine whether or\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX\nnot a statute created such rights because the plaintiffs articulated, and lower courts\nevaluated, welldefined claims. See, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 479 U. S. 418, 430. Here, respondents have not identified with particularity the\nrights they claim, and the XXXX XXXX has not engaged in the requisite methodical inquiry.\nThat court erred in apparently holding that individuals have an enforceable right to\n\"substantial compliance\" with XXXX XXXX in all respects. The statutory \"substantial\ncompliance\" requirement, see, e. g., 42 U. S. C.  609(a)(8) (1994 ed., Supp. II), does not give\nrise to individual rights; it was not intended to benefit individual children and custodial\nparents, but is simply a yardstick for the Secretary to measure the systemwide performance\nof a State's XXXX XXXX  program, allowing her to increase the frequency of audits and reduce\nthe State's federal grant upon a finding of substantial noncompliance. The Court of Appeals\nalso erred in taking a blanket approach to determining whether XXXX XXXX creates rights: It is\nreadily apparent that many of the provisions of that multifaceted statutory scheme,\nincluding its \"substantial compliance\" standard and data processing, staffing, and\norganizational requirements, do not fit any of the traditional criteria for identifying statutory\nrights. Although this Court does not foreclose the possibility that some XXXX XXXX  provisions\ngive rise to individual rights, the XXXX XXXX  did not separate out the particular rights it\nbelieved arise from the statutory scheme, the complaint is less than clear in this regard, and\nit is not certain whether respondents sought any relief more specific than a declaration that\ntheir \"rights\" were being violated and an injunction forcing petitioner to \"substantially\ncomply\" with all of XXXX XXXX provisions. This defect is best addressed by sending the case\nback for the District Court to construe the complaint in the XXXX  instance, in order to\ndetermine exactly what rights, considered in their most concrete, specific form, respondents\nare asserting. Only by manageably breaking down the 42 U.S. Code  1983 - Civil action for\ndeprivation of rights Every person who, under color of any statute, ordinance, regulation,\ncustom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to\nbe subjected, any citizen of the United States or other person within the jurisdiction thereof\nto the deprivation of any rights, privileges, or immunities secured by the Constitution and\nlaws, shall be liable to the party injured in an action at law, suit in equity, or other proper\nproceeding for redress, except that in any action brought against a judicial officer for an act\nor omission taken in such officers judicial capacity, injunctive relief shall not be granted\nunless a declaratory decree was violated or declaratory relief was unavailable. For the\npurposes of this section, any Act of Congress applicable exclusively to the District of\nColumbia shall be considered to be a statute of the District of Columbia. Credit card Code\n15 U.S. Code  1692k - Civil liability Amount of damages Except as otherwise provided\nby this section, any debt collector who fails to comply with any provision of this subchapter\nwith respect to any person is liable to such person in an amount equal to the sum of (1) any\nactual damage sustained by such person as a result of such failure; (2) (A) in the case of any\naction by an individual, such additional damages as the court may allow, but not exceeding\n$XXXX; or (B) in the case of a class action, (i) such amount for each named plaintiff as could\nbe recovered under subparagraph (A), and (ii) such amount as the court may allow for all\nother class members, without regard to a minimum individual recovery, not to exceed the\nlesser of $XXXX  or XXXX  per centum of the net worth of the debt collector; and (3) in the case\nof any successful action to enforce the foregoing liability, the costs of the action, together\nwith a reasonable attorneys fee as determined by the court. On a finding by the court that\nan action under this section was brought in bad faith and for the purpose of harassment, the\ncourt may award to the defendant attorneys fees reasonable in relation to the work\nexpended and costs. (b) Factors considered by court In determining the amount of liability\nin any action under subsection (a), the court shall consider, among other relevant factors\n(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of\nnoncompliance by the debt collector, the nature of such noncompliance, and the extent to\nwhich such noncompliance was intentional; or (2) in any class action under subsection (a)(2)\n(B), the frequency and persistence of noncompliance by the debt collector, the nature of\nsuch noncompliance, the resources of the debt collector, the number of persons adversely\naffected, and the extent to which the debt collectors noncompliance was intentional. (c)\nIntent A debt collector may not be held liable in any action brought under this subchapter if\nthe debt collector shows by a preponderance of evidence that the violation was not\nintentional and resulted from a bona fide error notwithstanding the maintenance of\nprocedures reasonably adapted to avoid any such error. (d) Jurisdiction An action to\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX\nenforce any liability created by this subchapter may be brought in any appropriate United\nStates district court without regard to the amount in controversy, or in any other court of\ncompetent jurisdiction, within one year from the date on which the violation occurs. (e)\nAdvisory opinions of Bureau No provision of this section imposing any liability shall apply to\nany act done or omitted in good faith in conformity with any advisory opinion of the Bureau,\nnotwithstanding that after such act or omission has occurred, such opinion is amended,\nrescinded, or determined by judicial or other authority to be invalid for any reason. 15 U.S.\nCode  1642 - Issuance of credit cards No credit card shall be issued except in response to\na request or application therefor. This prohibition does not apply to the issuance of a credit\ncard in renewal of, or in substitution for, an accepted credit card. 15 U.S.C 1692g Validation\nof debts (a) Notice of debt; contents Within XXXX  days after the initial communication with a\nconsumer in connection with the collection of any debt, a debt collector shall, unless the\nfollowing information is contained in the initial communication or the consumer has paid\nthe debt, send the consumer a written notice containing (1) the amount of the debt; (2) the\nname of the creditor to whom the debt is owed; (3) a statement that unless the consumer,\nwithin thirty days after receipt of the notice, disputes the validity of the debt, or any portion\nthereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the\nconsumer notifies the debt collector in writing within the thirty-day period that the debt, or\nany portion thereof, is disputed, the debt collector will obtain verification of the debt or a\ncopy of a judgment against the consumer and a copy of such verification or judgment will\nbe mailed to the consumer by the debt collector; and (5) a statement that, upon the\nconsumers written request within the thirty-day period, the debt collector will provide the\nconsumer with the name and address of the original creditor, if different from the current\ncreditor. (b) Disputed debts If the consumer notifies the debt collector in writing within the\nthirty-day period described in subsection (a) that the debt, or any portion thereof, is\ndisputed, or that the consumer requests the name and address of the original creditor, the\ndebt collector shall cease collection of the debt, or any disputed portion thereof, until the\ndebt collector obtains verification of the debt or a copy of a judgment, or the name and\naddress of the original creditor, and a copy of such verification or judgment, or name and\naddress of the original creditor, is mailed to the consumer by the debt collector. Collection\nactivities and communications that do not otherwise violate this subchapter may continue\nduring the XXXX-day period referred to in subsection (a) unless the consumer has notified the\ndebt collector in writing that the debt, or any portion of the debt, is disputed or that the\nconsumer requests the name and address of the original creditor. Any collection activities\nand communication during the XXXX-day period may not overshadow or be inconsistent with\nthe disclosure of the consumers right to dispute the debt or request the name and address\nof the original creditor. (c) Admission of liability The failure of a consumer to dispute the\nvalidity of a debt under this section may not be construed by any court as an admission of\nliability by the consumer. (d) Legal pleadings A communication in the form of a formal\npleading in a civil action shall not be treated as an initial communication for purposes of\nsubsection (a). (e) Notice provisions The sending or delivery of any form or notice which\ndoes not relate to the collection of a debt and is expressly required by XXXX  XXXX, title V of\nGramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], or any provision of Federal or State law\nrelating to notice of data security breach or privacy, or any regulation prescribed under any\nsuch provision of law, shall not be treated as an initial communication in connection with\ndebt collection for purposes of this section. 15 U.S. Code  1681q - Obtaining information\nunder false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully\nobtains information on a consumer from a consumer reporting agency under false\npretenses shall be fined under XXXX XXXX imprisoned for not more than XXXX  years, or both. To\nwho it may concern , After viewing a copy of my credit report, I noticed a collection account\nplaced on my credit report from you in XXXX  I am requesting that you allow me to validate\nthe alleged debt. I am unaware of any outstanding medical bills that I possess, and I am\nseeking the name and hospital/medical provider to which I owe the debt and a detailed\nbreakdown of the fees that I owe. Additionally, I am allowed under the Heath insurance\nPortability and Accountability Act (HIPAA] to protect my privacy and medical records from\nthird parties. I did not give permission to any of my current or prior medical providers to\nrelease any of my medical information to a third party. I am aware that the HIPAA does\nallows the release of limited information about me but anything more is to only be revealed\nwith the patient's authorization. Therefore, my request is twofold-validation of debt and\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX  HIPAA authorization.  Please provide breakdown of fees including any collection costs and\nmedical charges.  Provide a copy of my signature with the provider of service to release my\nmedical information to you.Cease any credit bureau reporting until the debt has been\nvalidated by me, Please send this information to my address listed above and accept this\nletter, sent certified mail, as my formal debt validation request, which I am allowed under the\nFDCPA. Please note that withholding the information you received from any medical\nprovider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you\nwill be deceiving me after my written request. I request full documentation of what you\nreceived from the provider of service in connection with this alleged debt. Additionally, any\nreporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of\nthe Fair Credit Reporting Act, which can allow me to seek damages from a collection\nagency. I will await your reply with above requested proof. Upon receiving it, I will\ncorrespond back by certified mail.\nI reserved all my rights to amend this Contract the Finance Manager Requested that I give it to the Dealership I have advised the Seller  told the buyer that I XXXX XXXX XXXX Private Individual Banker is a Beneficiary Of my trust and this is a Purchase for my trust XXXX XXXX XXXX XXXX XXXX XXXX request that they  will accept my TENDER OF PAYMENT for settlement of this account to be (balance to .00) on the books and to file IRS FORMS 1099s to properly balance the United States Treasury Debt I have signed this contract and I have not give my rights to amended this contract on Date:XXXX signed by the Beneficiary XXXX XXXX Private Individual Banker ESTATE /TRUST Exempt Form Levy I reserve all my rights WITHOUT RECOURSE UCC1-308 I will be using my credit for this transaction and not paying in cash and I have send my letter to the Finance Manager by email he requested they I send a tender of payment to retrieve my property I need to have cash or a check and which he have received and told me to send it to bank and it been over XXXX  and I have the right to receive my property and use my credit for this transaction and dont have to use cash or and any other payment of XXXX XXXX XXXX XXXX  We the people have the right to use credit or a tender of payment and if its not accepted by the party or Leander or vendor it is discharged by law all debt is obligation to the United States. Your company didnt disclose any truth in lending or cannot show me where I can send it to panties with cash, and I was trying to pay with my internal credit and not actual funds this is my GOD Giving rights and by law show me where it stated in law where I cant use my credit for this transaction or cant use negotiable instruments. I do not consent to your contract for FCRAAs a federal protected consumer, I am now opting out of any and all authorization I the consumer may have given you written unwritten, verbal and nonverbal 15 USC 1602. And I would like conversation for all the violations.\n16 CFR  313.1 - Purpose and scope. \n\tCFR \n\tTable of Popular Names\nprev | next\n XXXX  Purpose and scope.\n(a) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph (b) of this section. This part: \n(1) Requires a financial institution in specified circumstances to provide notice to  customers about its privacy policies and practices; \n(2) Describes the conditions under which a financial institution may disclose  nonpublic personal information about consumers to nonaffiliated third parties; and \n(3) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in XXXX XXXX, and 313.15. \n(b) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission(Commission) has rulemaking authority pursuant to section 504(a)(1)(C) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4(k) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843(k), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519(b) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source.\n[65 FR 33677, XXXX XXXX XXXX  as amended at 86 FR 70025, XXXX XXXX XXXX\n16 CFR  433.2 - Preservation of consumers' claims and defenses, unfair or deceptive acts or practices. \n\tCFR \n\tTable of Popular Names\nprev | next\n XXXX  Preservation of consumers' claims and defenses, unfair or deceptive acts or practices.\nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive  act or practice within the meaning of section XXXX of that  Act for a  seller, directly or indirectly, to:\n(a) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type:\nNOTICE\nANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\nor,\n(b) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan (as  purchase money loan is defined herein), unless any consumer credit contract made in connection with such  purchase money loan contains the following provision in at least ten point, bold face, type:\nNOTICE\nANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR","date_sent_to_company":"2024-11-06T18:03:26.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"10717011","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-11-06T17:25:23.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF <em>GOODS</em> OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS 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