{"took":79,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":308,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"8488226","_score":22.029167,"_source":{"product":"Debt collection","complaint_what_happened":"DPT ED/AIDV is reporting an inaccurate balance on my student loan account. The debt has been reported as canceled per the IRS publication. This was then reported as income on my federal tax refund and income can not be reported to the consumer report. DPT ED/AIDV uses the promissory note which is a negotiable instrument as the security to sell for profits. According to the DPT ED/AIDV own prospectus that is attached they pool the notes together to sale and have raised billions in profits selling consumers notes. However the interest that the security earns should legally and lawfully be paid out to the REGISTERED owner of the security. I have received no such compensation. \n\n( XXXX ) \" Bearer form, '' as applied to a certificated security, means a form in which the security is payable to the bearer of the security certificate according to its terms but not by reason of an indorsement. \n( XXXX ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 ( b ) ( 2 ) or ( 3 ), that person is the entitlement holder. \n\n( XXXX ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. \n\n( XXXX ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a security ; ( ii ) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment ; or ( iii ) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. \n\nAs context requires, the term means either the interest itself or the means by which a person 's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. \n( XXXX ) \" XXXX, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. \n\n( XXXX ) \" Security certificate '' means a certificate representing a security. \n\n( XXXX ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part XXXX. \n\n( XXXX ) \" Uncertificated security '' means a security that is not represented by a certificate. \n\n( b ) Other definitions applying to this Article and the sections in which they appear are : Appropriate person Section 8-107 Control Section 8-106 Delivery Section 8-301 Investment company security Section 8-103 Issuer Section 8-201 Overissue Section 8-210 Protected purchaser Section 8-303 Securities account Section 8-501 ( c ) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.\n\n( d ) The characterization of a person, business, or transaction for purposes of this Article does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule.","date_sent_to_company":"2024-03-06T22:39:15.000Z","issue":"False statements or representation","sub_product":"Federal student loan debt","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"8488226","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Maximus Federal Services, Inc.","date_received":"2024-03-06T21:58:02.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["( XXXX ) \" Bearer <em>form</em>, '' as applied to a certificated <em>security</em>, <em>means</em> a <em>form</em> in <em>which</em> the <em>security</em> is <em>payable</em> to the bearer of the <em>security</em> certificate according to its terms but not by reason of an indorsement. \n( XXXX ) \" Entitlement holder '' <em>means</em> a person identified in the records of a <em>securities</em> intermediary as the person having a <em>security</em> entitlement against the <em>securities</em> intermediary."]},"sort":[22.029167,"8488226"]},{"_index":"complaint-public-v1","_id":"7999270","_score":21.675772,"_source":{"product":"Credit card","complaint_what_happened":"I received a notice XXXX XXXX from Barclays of account been closed stating delinquency and revolving balances too high. There source of reference was a independent consumer reporting agency. Which credit reporting agency was not disclosed in the notice. This is also a violation of 15 U.S. Code 1681 ( a ) ( 4 ) a right to privacy and 15 U.S. Code 1681 ( a ) ( 2, disclosure of account information without my instructions.\n\nThis adverse action of withholding my rights to credit is discrimination, Securities fraud, violation of the Equal Opportunity Credit & Consumer Credit Protection Acts, RICO Act violation, engaging in dishonest and fraudulent business dealing involving my Securities account. Please rescind my original credit application on record and all associated Securities collateral.\n\nI will file the following IRS and Treasury forms 1099-A, 1099-OID, FS 1048 and SF 95 for recoupment and file charges with the Securities Exchange Commission, for violation of 18 U.S. Code 1349. Section 10 ( b ) of the Securities Exchange Act of 1934, Material Misrepresentation or Omission.\n\nIn reviewing the Barclays Form 424 ( b ) ( 5 ) prospectus, Indenture Trustee : XXXX XXXX XXXX XXXX XXXX XXXX XXXX that deals with debt securities it is in Barclays to close my account and refuse my tender to maintain the debt ( Receivables ). \nReceivables means all amounts shown on the servicers records as amounts payable by an obligor on any account from time to time, including amounts payable for XXXX XXXX XXXX XXXX XXXX XXXX Receivables that become Defaulted Receivables will cease to be included as Receivables as of the day on which they become Defaulted Receivables. For purposes of the FDIC Rule and GAAP, Receivables are financial assets ( XXXX XXXX I am aware you are trading my securities as a XXXX XXXX XXXX XXXX XXXX XXXX, with the indenture trustee as the nominee with XXXX XXXX XXXX with Barclays acting as the beneficial owner.","date_sent_to_company":"2023-12-13T06:12:06.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"655XX","tags":"Servicemember","has_narrative":true,"complaint_id":"7999270","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BARCLAYS BANK DELAWARE","date_received":"2023-12-13T05:32:40.000Z","state":"MO","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["Receivables <em>means</em> all amounts shown on the servicers records as amounts <em>payable</em> by an obligor on any account from time to time, including amounts <em>payable</em> for XXXX XXXX XXXX XXXX XXXX XXXX Receivables that become Defaulted Receivables will cease to be included as Receivables as of the day on <em>which</em> they become Defaulted Receivables."]},"sort":[21.675772,"7999270"]},{"_index":"complaint-public-v1","_id":"10562865","_score":19.295397,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"THE CONSUMER WILL BE NAMED AND BE REPRESENTED AS THE PERSON AS THE BENEFICIARY / BEARER / HOLDER OF DUE COURSE / SENDER / REPRESENTED PERSON PURSUANT TO THIS COMPLAINT. THE CREDITOR OF XXXX XXXX XXXX XXXX CREATED A PROMISSORY NOTE ( DEBT ) IN THE AMOUNT OF {$21000.00} BEFORE THE CONSUMER UNDER ACCOUNT XXXX. ON XXXX XXXX XXXX & ON XXXX XXXX XXXX, THE NAMED INDIVIDUALS WITHIN THE INSTRUCTIONS AS TO BEING XXXX XXXX XXXX ( Principal Executive Officer ) & XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) & XXXX XXXX ( Senior Vice President ) WERE DELIVERED A REGISTERED BEARER SECURITY AND REGISTERED SECURITY NEGOTIABLE INSTRUMENT AS TO BEING WILMINGTON TRUST XXXX. [ THE ( TRUSTEE ) ] OVER THE XXXX XXXX XXXX XXXX ACCOUNT WAS DELIVERED A REGISTERED SECURITY DEBT INSTRUMENT UNDER REGISTERED SECURITY XXXX, BOTH NEGOTIABLE INSTRUMENTS, IN WHICH WAS MADE OUT : PAID TO THE ORDER OF WILMINGTON TRUST XXXX., WITH THE ENDORSED BENEFICIARY SIGNATURES OF THE CONSUMER. INSTRUCTIONS WERE GIVEN THROUGH THE CONSUMER AS A BENEFICIARY FOR WHICH THE TRUSTEE WAS TO DISCHARGE THE DEBT & TO CREDIT THE CONSUMERS TREASURY DIRECT ACCOUNT IN THE AMOUNT OF {$21000.00} & TO PROPERLY COMPLETE THE CONSUMERS IRS XXXX c AND XXXX F FORMS RETURNING COPIES OF THE FORMS BEFORE THE CONSUMER AND HAS FAILED TO DO SO AFTER THE CONSUMER PRESENTED A NOTICE OF DEFAULT FOR BREACH OF FIDUCIARY DUTIES AND NO RESPONSE WAS GIVEN FROM THE TRUSTEE. WILMINGTON TRUST XXXX. ( TRUSTEE ) FOR XXXX XXXX XXXX XXXX AS A SUBSIDIARY BUSINESS UNDER XXXX XXXX, XXXX.. THE CONSUMER WAS THE ACTUAL BENEFICIARY AS THE ACTUAL PERSON TO BE PAID BY THE XXXX BANK, UCC 4A-103 ( a ) ( 2 ), THOUGH THE CONSUMER HAS NO DIRECT ACCOUNT WITH THE TRUSTEE, THE BENEFICIARY BANK MEANS THE BANK IDENTIFIED IN A PAYMENT ORDER IN WHICH AN ACCOUNT OF THE BENEFICIARY IS TO BE CREDITED PURSUANT TO THE ORDER OR WHICH OTHERWISE IS TO MAKE PAYMENT TO THE BENEFICIARY IF THE ORDER DOES NOT PROVIDE FOR PAYMENT TO AN ACCOUNT. UCC 4A-103 ( a ) ( 3 ). THE PAYMENT PURSUANT TO UCC 3-602 ( a ) ( b ) & ( c ), OF THE DEBT NOTE / BILL WAS ISSUED VIA REGISTERED SECURITY NEGOTIABLE INSTRUMENT BEFORE THE TRUSTEE AND THE TRUSTEE WAS REQUIRED TO RETURN BACK THE CONSUMERS TENDER OF PAYMENT WHO WAS ENTITLED TO ENFORCE THE INSTRUMENT BY CREDITING THE CONSUMERS TREASURY DIRECT ACCOUNT OF {$21000.00}. UCC 3-603 ( a ) ( b ) ( c ). PURSUANT TO 3-307. NOTICE OF BREACH OF FIDUCIARY DUTY ( a ) ( 1 ). \" Fiduciary '' means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument. ( a ) ( 2 ). \" Represented person '' means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph ( 1 ) is owed. ( b ) If ( i ) an instrument is taken from a fiduciary for payment or collection or for value, ( ii ) the taker has knowledge of the fiduciary status of the fiduciary, and ( iii ) the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply : ( 1 ) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person. ( 2 ) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is ( i ) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, ( ii ) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or ( iii ) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person. ( 3 ) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty. ( 4 ) If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is ( i ) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, ( ii ) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or ( iii ) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person. THE TRUSTEE WAS DELIVERED THE DEBT ( BEARER ) REGISTERED SECURITY NEGOTIABLE INSTRUMENTS BY THE CONSUMER AND WAS REQUIRED TO ENFORCE THE INSTRUMENT IN WHICH NOT ONLY WAS THE DEBT TO BE DISCHARGED BUT THE TRUSTEE HAD A FIDUCIARY OBLIGATION OF RETURNING THE TENDER OF PAYMENT IN CREDIT BEFORE THE CONSUMERS TREASURY DIRECT ACCOUNT THAT WAS INSTRUCTED BY THE CONSUMER AND TO RETURNING SAID COPIES OF THE IRS 1099 ( C ) FORM COMPLETED OUT AS WELL AS THE IRS 56F FORM AND THE TRUSTEE FAILED TO DO SO.","date_sent_to_company":"2024-10-24T18:55:08.000Z","issue":"Money was not available when promised","sub_product":"International money transfer","zip_code":"77036","tags":null,"has_narrative":true,"complaint_id":"10562865","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"M&T BANK CORPORATION","date_received":"2024-10-24T18:29:57.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["THE TRUSTEE WAS DELIVERED THE DEBT ( BEARER ) REGISTERED <em>SECURITY</em> NEGOTIABLE INSTRUMENTS BY THE CONSUMER AND WAS REQUIRED TO ENFORCE THE INSTRUMENT IN <em>WHICH</em> NOT ONLY WAS THE DEBT TO BE DISCHARGED BUT THE TRUSTEE HAD A FIDUCIARY OBLIGATION OF RETURNING THE TENDER OF PAYMENT IN CREDIT BEFORE THE CONSUMERS TREASURY DIRECT ACCOUNT THAT WAS INSTRUCTED BY THE CONSUMER AND TO RETURNING SAID COPIES OF THE IRS 1099 ( C ) <em>FORM</em> COMPLETED OUT AS WELL AS THE IRS 56F <em>FORM</em> AND THE TRUSTEE FAILED TO DO SO."]},"sort":[19.295397,"10562865"]},{"_index":"complaint-public-v1","_id":"15349497","_score":18.880983,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"In XXXX of XXXX  I purchased a Can-Am Defender XXXX Limited from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX processed all of the loan documents ( Sheffield Financial ) and the Arizona registration paperwork. XXXX did not advise me on other endorsement options and the definition and benefits of each type of endorsement. I was instructed by XXXX to sign the loan documents as a general endorsement. \n\nThere is a legal framework for endorsements. This legal framework is primarily derived from the Uniform Commercial Code ( UCC ) article 3, which has been adopted in some form by all states. It outlines the rules for endorsement types, requirements, and the effects of each.\n\nUCC 3-205. SPECIAL INDORSEMENT ; BLANK INDORSEMENT ; ANOMALOUS INDORSEMENT. \n( a ) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a \" special indorsement. '' When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person.\n\n( b ) If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a \" blank indorsement. '' When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.\n\n( c ) The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable. \n( d ) \" Anomalous indorsement '' means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated.\n\nOnce signed, this loan document became a negotiable instrument, or more accurately a collateral security. XXXX XXXX acting as a fiduciary in this matter, failed miserably in properly advising me on the endorsement options under the UCC article 3.\n\nHe also did not explain the consequences of registering the vehicle with the XXXX of XXXX. The true ownership document, the XXXX XXXX of XXXX XXXX must be surrendered forever and it is not recoverable. XXXX XXXX never mentions the XXXX during the entire transaction. I consider this a gross omission of fact. An Arizona state issued title is a certificate of title, it is a representation of title, not a true title. When the terms of the loan are fulfilled, I will never truly own the vehicle because I will only hold a representation of a title held by the State of Arizona. Failing to disclose all of the above decision making information is fraud. Had I been advised properly by the sales manager I would have paid cash for the vehicle as I have done before at XXXX XXXX. XXXX XXXX deceived me to acquire my endorsement on financial and registration documents.","date_sent_to_company":"2025-08-18T15:01:02.000Z","issue":"Managing the loan or lease","sub_product":"Loan","zip_code":"856XX","tags":"Servicemember","has_narrative":true,"complaint_id":"15349497","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2025-08-18T14:28:27.000Z","state":"AZ","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Billing problem"},"highlight":{"complaint_what_happened":["This legal framework is primarily derived from the Uniform Commercial Code ( UCC ) article 3, <em>which</em> has been adopted in some <em>form</em> by all states. It outlines the rules for endorsement types, requirements, and the effects of each.\n\nUCC 3-205. SPECIAL INDORSEMENT ; BLANK INDORSEMENT ; ANOMALOUS INDORSEMENT."]},"sort":[18.880983,"15349497"]},{"_index":"complaint-public-v1","_id":"8034736","_score":18.723171,"_source":{"product":"Credit card","complaint_what_happened":"In XXXX of XXXX closed both of my accounts, Capital One issued billing statements which by their Filed Pursuant to Rule 424 ( b ) ( 5 ) Registration no. XXXX, under the Securities Act of 1933 was a debt security in a bearer form and will have interest coupons attached, which I tried to use on my accounts. Based on their own guidelines \" Bearer form '' securities are payable to whomever physically holds them. I had returned the debt to securities to Capital One for payment and crediting my revolving account. Instead, Capital One closed my account annotation restricted and zero out my available credit line and made negative reporting to the credit reporting agencies. \n\nPursuant to the requirement of the Securities Act of 1933, as amended, Capital One Financial Corporation had certified it meets all the requirements on filing Form S-3 Registration Statements. These procedures are also listed in the applicable prospectus supplement. This was a false statement and a misrepresentation of its banking practices. \n\nI have become very aware of the power and duties of the bank and that my credit applications, a consumer credit transaction. According 12 U.S. Code 1431 - Powers and duties of banks is to borrow and give security therefore and pay interest thereon, to issue debentures, bonds, or other obligations upon such terms. I now have gained knowledge on how this whole process works. I understand that I performed poorly due to knowledge at the time of the opening of these credit card accounts. I do know that I am a minor within this account due to me not taking full qualification of my securities within the DTC. \n\nI also am aware that I am giving a definitive paper form ( dividends ) certificate of indebtedness, billing statement / coupons to use towards the payments of interest on this account. That can be special endorsed and used as a tender instead of FRNS according to the Bill of Exchange Act. A credit transaction is prepaid and can only be paid with interest which is technically the trustee/ bank duty and liability. Credit equivalent form is credit ( securities ). \n\nAlso, I know Capital One go to the Federal Reserve window ( FR 2046 ) to receive my credit through my Treasury Direct, DTC linked account as my custodian and co-owner using a firm name which is my given name. So why is Capital One still asking for a debt that has been prepaid and also has received great revenue off of my accounts. I am supposed to be the issuing agent or paying agent due to my unlimited use of credits within securities. Capital One has been making them self-co-owner and receiving what's rightfully due to me. \n\n\nCapital One is in violation of the following United States Codes : 15 U.S. Code 78ff - Penalties, ( a ) Willful violations ; false and misleading statements ; ( b ) Failure to file information, documents, or reports; ( c ) Violations by issuers, officers, directors, stockholders, employees, or agents of issuers. \n\n18 U.S. Code 1348 - Securities and commodities fraud, Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. \n\n18 U.S. Code 1341 - Frauds and swindles, Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses. \n\n18 U.S. Code 1348 - Securities and commodities fraud, Whoever knowingly executes, or attempts to execute, a scheme or artifice ( 1 ) to defraud any person in connection with any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15 ( d ) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o ( d ).","date_sent_to_company":"2023-12-20T20:11:02.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"655XX","tags":"Servicemember","has_narrative":true,"complaint_id":"8034736","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2023-12-20T19:35:57.000Z","state":"MO","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["In XXXX of XXXX closed both of my accounts, Capital One issued billing statements <em>which</em> by their Filed Pursuant to Rule 424 ( b ) ( 5 ) Registration no. XXXX, under the <em>Securities</em> Act of 1933 was a debt <em>security</em> in a bearer <em>form</em> and will have interest coupons attached, <em>which</em> I tried to use on my accounts. Based on their own guidelines \" Bearer <em>form</em> '' <em>securities</em> are <em>payable</em> to whomever physically holds them."]},"sort":[18.723171,"8034736"]},{"_index":"complaint-public-v1","_id":"8396822","_score":18.555511,"_source":{"product":"Debt collection","complaint_what_happened":"Nationstar DBA Mr Cooper are actively engaged in securities fraud. Nationstar transferred my contract to Mr Cooper for servicing. Nationstar however failed to disclose that the promissory note and the contract is the security being used in this credit transaction. Per the Federal Reserve Act banks are only allowed to use other forms of negotiable instruments as collateral for repayment furthermore I had a forensic audit done on this alleged debt and the note has been sold to generate over XXXX XXXX in profits and it is all listed in the XXXX terminal. Nationstar nor XXXX XXXX actually have possession of the security it has been sold. These facts and profits have been withheld from me because it would have greatly impacted this alleged agreement. I have also requested Mr. Cooper to provide me with the contract in which they are collecting for. I have not been able to get the terms and conditions are talk to anyone about this allege debt against me. Mr Cooper is just a servicer and servicer are not allowed to collect they hold loans. Transferring a loan does not mean I am required to pay. Both businesses are in violation of federal security laws and has faailed to properly report this tax event to the IRS because according to the IRS publication I was due principal and interest and the corporation known as Nationstar and Mr Cooper is responsible for taxes. This is also tax invasion and racketeering by conspiring together to threaten XXXX of my real property and using imiimidation methods to force me to pay a debt you know I do not owe. I am requesting subrogation of this debt. \n\n( a ) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers. \n\n( b ) If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so. \n\n( c ) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply : ( 1 ) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number.\n\n( 2 ) If an instrument is payable to : ( i ) a trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named ; ( ii ) a person described as agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative, or a successor of the representative ; ( iii ) a fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization; or ( iv ) an office or to a person described as holding an office, the instrument is payable to the named person, the incumbent of the office, or a successor to the incumbent. \n\n( d ) If an instrument is payable to two or more persons alternatively, it is payable to any of them and may be negotiated, discharged, or enforced by any or all of them in possession of the instrument. If an instrument is payable to two or more persons not alternatively, it is payable to all of them and may be negotiated, discharged, or enforced only by all of them. If an instrument payable to two or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively. \n\n\nThe substitution of one party for another party in respect of the second party 's rights or claims. The first party ( that is, the substitute party ) is said to be \" subrogated to '' the rights of the second party, and becomes entitled to enforce its rights and remedies in relation to the relevant claim. It is an equitable doctrine that arises in circumstances that would make it unconscionable for a defendant to deny a plaintiff 's right ( see Re Dalma No 1 Pty Ltd ( in liq ) ( 2013 ) 279 FLR 80 ; [ 2013 ] NSWSC 1335 at [ 24 ] and XXXX XXXX XXXX XXXX XXXX ( XXXX ) 239 CLR 269 ; [ 2009 ] HCA 44 at [ 90 ] - [ 98 ] ).\n\nAny Federal Reserve bank may make application to the local Federal Reserve agent for such amount of the Federal Reserve notes hereinbefore provided for as it may require. Such application shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. The collateral security thus offered shall be notes, drafts, bills of exchange, or acceptances acquired under section 10A, 10B, 13, or 13A of this Act, or bills of exchange endorsed by a member bank of any Federal Reserve district and purchased under the provisions of section 14 of this Act, or bankers ' acceptances purchased under the provisions of said section 14, or gold certificates, or Special Drawing Right certificates, or any obligations which are direct obligations of, or are fully guaranteed as to principal and interest by, the United States or any agency thereof, or assets that Federal Reserve banks may purchase or hold under section 14 of this Act or any other asset of a Federal reserve bank. In no event shall such collateral security be less than the amount of Federal Reserve notes applied for. The Federal Reserve agent shall each day notify the Board of Governors of the Federal Reserve System of all issues and withdrawals of Federal Reserve notes to and by the Federal Reserve bank to which he is accredited. The said Board of Governors of the Federal Reserve System may at any time call upon a Federal Reserve bank for additional security to protect the Federal Reserve notes issued to it. Collateral shall not be required for Federal Reserve notes which are held in the vaults of, or are otherwise held by or on behalf of, Federal Reserve banks. \n\n[ 12 USC 412. As amended by the acts of Sept. 7, 1916 ( 39 Stat. 754 ) ; June 21, 1917 ( 40 Stat. 236 ) ; Feb. 27, 1932 ( 47 Stat. 57 ) ; Feb. 3, 1933 ( 47 Stat. 794 ) ; Jan. 30, 1934 ( 48 Stat. 338 ) ; March 6, 1934 ( 48 Stat. 991 ) ; June 30, 1941 ( 55 Stat. 395 ) ; May 25, 1943 ( 57 Stat. 85 ) ; June 12, 1945 ( 59 Stat. 237 ) ; June 19, 1968 ( 82 Stat. 189 ) ; Nov. 10, 1978 ( 92 Stat. 3672 ) ; March 31, 1980 ( 94 Stat. 140 ) ; Dec. 6, 1999 ( 113 Stat. 1638 ) ; and Oct. 28, 2003 ( 117 Stat. 1193 ). ]","date_sent_to_company":"2024-02-22T07:36:29.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"8396822","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mr. Cooper Group Inc.","date_received":"2024-02-22T07:36:27.000Z","state":"TX","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["In no event shall such collateral <em>security</em> be less than the amount of Federal Reserve notes applied for. The Federal Reserve agent shall each day notify the Board of Governors of the Federal Reserve System of all issues and withdrawals of Federal Reserve notes to and by the Federal Reserve bank to <em>which</em> he is accredited."]},"sort":[18.555511,"8396822"]},{"_index":"complaint-public-v1","_id":"9757303","_score":17.842163,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Under law Delete these accounts from my credit report XXXX, XXXX and XXXX, as well as these Consumer report Agencies *FACTORTRUST *XXXX XXXX XXXX XXXX XXXX XXXX. ( Repossession  ) *XXXX XXXX ( Repossession/eviction ) : Accounts to Delete Includes : XXXX XXXX charge off XXXXXXXX XXXX charge off XXXX XXXX charge off XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Dept of Ed XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX charge off XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Aka my car returns to me by law ) loss of wages and damages $ XXXX check made payable to me. \nXXXX  XXXX XXXX Collection Charge off XXXXXXXX XXXX XXXX ( XXXX XXXX  sold debt by Dept of Ed which breach Right to privacy ) XXXX XXXX XXXX - Breach of right to privacy sold debt and loss of wages results in damages $ XXXX check made payable to me Laws and Rules that were broken : 15 U.S. Code 1692c ( C ) 15 U.S. Code 1692c - Communication in connection with debt collection ( Reporting to your consumer report is a form of communication ) -Cease Communication/ Cease collection/ Cease Reporting on my Credit Report 15 U.S. Code 1681b - Permissible purposes of consumer reports ( Didn't give any company the right to publish that info on your credit report ) 15 U.S. Code 1681s2 - Responsibilities of furnish of information to consumer reporting agencies. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n\n\n15 usc 1681b ( a ) ( 2 ) Needs Written Permission to Furnish ( 2 ) In accordance with the written instructions of the consumer to whom it relates. \nRight to Recisson ( 2 ) When the right of rescission is exercised under subsection ( 1 ) of this section, the debtor or person exercising the right of rescission is not liable for any credit service charge, loan finance charge or other charge, and any security interest given, including any such interest arising by operation of law, becomes void upon the rescission. \n\n\nSocial Security Number is a form of Credit card ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. ~Social Security Number~ is a credit card","date_sent_to_company":"2024-08-09T11:10:25.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"73120","tags":"Servicemember","has_narrative":true,"complaint_id":"9757303","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FactorTrust, Inc.","date_received":"2024-08-09T10:30:16.000Z","state":"OK","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Social <em>Security</em> Number is a <em>form</em> of Credit card ( l ) The term credit card <em>means</em> any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. ~Social <em>Security</em> Number~ is a credit card"]},"sort":[17.842163,"9757303"]},{"_index":"complaint-public-v1","_id":"9757275","_score":17.835194,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Under law Delete these accounts from my credit report XXXX, XXXX and XXXX, as well as these Consumer report Agencies XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Right to Recisson - Return Property Aka my car returns to me by law ) loss of wages and damages $ XXXX check made payable to me. \nXXXX XXXX XXXXXXXX Collection Charge off XXXX loan servicing ( Student Loan sold debt by Dept of Ed which breach Right to privacy ) XXXX XXXX XXXX - Breach of right to privacy sold debt and loss of wages results in damages $ XXXX check made payable to me Laws and Rules that were broken : 15 U.S. Code 1692c ( C ) 15 U.S. Code 1692c - Communication in connection with debt collection ( Reporting to your consumer report is a form of communication ) -Cease Communication/ Cease collection/ Cease Reporting on my Credit Report 15 U.S. Code 1681b - Permissible purposes of consumer reports ( Didn't give any company the right to publish that info on your credit report ) 15 U.S. Code 1681s2 - Responsibilities of furnish of information to consumer reporting agencies. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n\n\n15 usc 1681b ( a ) ( 2 ) Needs Written Permission to Furnish ( 2 ) In accordance with the written instructions of the consumer to whom it relates. \n\n\n\nRight to Recisson ( 2 ) When the right of rescission is exercised under subsection ( 1 ) of this section, the debtor or person exercising the right of rescission is not liable for any credit service charge, loan finance charge or other charge, and any security interest given, including any such interest arising by operation of law, becomes void upon the rescission. \n\n\nSocial Security Number is a form of Credit card ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. ~Social Security Number~ is a credit card","date_sent_to_company":"2024-08-09T11:10:32.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"73120","tags":"Servicemember","has_narrative":true,"complaint_id":"9757275","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ID Analytics, Inc.","date_received":"2024-08-09T11:10:30.000Z","state":"OK","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Social <em>Security</em> Number is a <em>form</em> of Credit card ( l ) The term credit card <em>means</em> any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. ~Social <em>Security</em> Number~ is a credit card"]},"sort":[17.835194,"9757275"]},{"_index":"complaint-public-v1","_id":"9757274","_score":17.835194,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Under law Delete these accounts from my credit report XXXX, XXXX and Equifax, as well as these Consumer report Agencies *XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Right to Recisson - Return Property Aka my car returns to me by law ) loss of wages and damages $ XXXX check made payable to me. \nXXXX XXXX XXXX Collection Charge off XXXXXXXX XXXX XXXX ( Student Loan sold debt by Dept of Ed which breach Right to privacy ) XXXX XXXX XXXX - Breach of right to privacy sold debt and loss of wages results in damages $ XXXX check made payable to me Laws and Rules that were broken : 15 U.S. Code 1692c ( C ) 15 U.S. Code 1692c - Communication in connection with debt collection ( Reporting to your consumer report is a form of communication ) -Cease Communication/ Cease collection/ Cease Reporting on my Credit Report 15 U.S. Code 1681b - Permissible purposes of consumer reports ( Didn't give any company the right to publish that info on your credit report ) 15 U.S. Code 1681s2 - Responsibilities of furnish of information to consumer reporting agencies. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n\n\n15 usc 1681b ( a ) ( 2 ) Needs Written Permission to Furnish ( 2 ) In accordance with the written instructions of the consumer to whom it relates. \n\n\n\nRight to Recisson ( 2 ) When the right of rescission is exercised under subsection ( 1 ) of this section, the debtor or person exercising the right of rescission is not liable for any credit service charge, loan finance charge or other charge, and any security interest given, including any such interest arising by operation of law, becomes void upon the rescission. \n\n\nSocial Security Number is a form of Credit card ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. ~Social Security Number~ is a credit card","date_sent_to_company":"2024-08-09T11:10:32.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"73120","tags":"Servicemember","has_narrative":true,"complaint_id":"9757274","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-08-09T11:10:30.000Z","state":"OK","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Social <em>Security</em> Number is a <em>form</em> of Credit card ( l ) The term credit card <em>means</em> any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. ~Social <em>Security</em> Number~ is a credit card"]},"sort":[17.835194,"9757274"]},{"_index":"complaint-public-v1","_id":"9754041","_score":17.517826,"_source":{"product":"Checking or savings account","complaint_what_happened":"On XX/XX/year> I deposited a third party check XXXX {$2300.00} that was endorsed/made payable to me through BMO 's Mobile Deposit feature. I live in Texas and BMO does not have any branches in Texas therefore I could not deposit the check in person. My daughter locked her keys in her car last night so I had to call a locksmith to get the car open and when I went to pay them, the payment was declined. I called BMO and was told ( very rude and callously ) that my entire account was frozen and they were not allowed to tell me why. The young man told me that the \" security '' department would have to tell me why but they were closed for the day and would reopen the next day at 8am. I had work meetings the next morning so I wasn't able to call right away and I expected to have a missed call or an email from the \" security '' department about the matter but neither happened. So, around 12:30, I was able to call them again. This time I was told the reason for the freeze was the mobile deposit I made the day before. Apparently I need to visit a local branch to deposit a check that isn't made payable to me. The agent then looked for the nearest local branch ( just to find that there isn't one ). Then he said that he would email the \" security '' department and have them email me a form to sign ( as well as the third party ) and have notarized so that my account can be unfrozen. That was hours ago and I still haven't received anything. The third party is leaving for vacation tomorrow which means he won't be available to have this document signed and notarized if we don't get it today. I explained this to the agent and he said he escalated it. Still nothing. I can completely understand the {$2300.00} check being frozen and not available for use until the bank can verify it. But I can not understand why MY funds that were ALREADY in my bank account are now frozen while this check is verified. I have ZERO funds for gas, food, emergencies, for anything that comes up. Tomorrow is Friday which means I will most likely have to go the next 3 days without access to my money. As a last resort, I asked the agent to just cancel the deposit all together and I would have the third party deposit it into their account and then just XXXX the money to my account but I was told that the deposit can not be cancelled. I'm at the complete mercy of this institution and they do not appear to understand the urgency. This is unacceptable and after reading over my BMO Bank N.A . Handbook - Deposit Account Agreement for Personal and Business Accounts, nothing in this agreement gives them the legal authority to withhold my funds from me. I need this resolved ASAP.","date_sent_to_company":"2024-08-08T21:00:32.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"76131","tags":"Servicemember","has_narrative":true,"complaint_id":"9754041","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"BMO BANK NATIONAL ASSOCIATION","date_received":"2024-08-08T20:36:33.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Deposits and withdrawals"},"highlight":{"complaint_what_happened":["Apparently I need to visit a local branch to deposit a check that isn't made <em>payable</em> to me. The agent then looked for the nearest local branch ( just to find that there isn't one ). Then he said that he would email the \" <em>security</em> '' department and have them email me a <em>form</em> to sign ( as well as the third party ) and have notarized so that my account can be unfrozen. That was hours ago and I still haven't received anything."]},"sort":[17.517826,"9754041"]},{"_index":"complaint-public-v1","_id":"11132475","_score":17.02021,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Chrysler Capital XXXX Repossessed My XXXX XXXX XXXX XXXX XXXX : XXXX XX/XX/XXXX. I Had An Arbitration Clause In The Contract Which Chrysler Capital Breached. In Tennessee, the law related to the right to repossess collateral under the Uniform Commercial Code ( UCC ) is governed by Article 9 of the UCC, specifically UCC 47-9-609. This section outlines the rules and procedures for a creditor to repossess collateral when a debtor defaults on a secured transaction.\n\nAccording to Tennessee 's UCC 47-9-609, a creditor generally has the right to repossess collateral if the debtor has defaulted on the underlying obligation. However, having a lien on the collateral is a key requirement for the creditor to exercise the right to repossess. The creditor must have a security interest in the collateral, typically established through a security agreement or another means allowed under the UCC.\n\nTherefore, in Tennessee, to repossess collateral under the UCC, the creditor must have a valid security interest or lien in the collateral as outlined in the UCC rules. It is essential for creditors to follow the proper procedures outlined in the UCC to repossess collateral lawfully and avoid potential legal challenges from debtors. In Particular, Inclearing deposits played a crucial role in the processing of auto loan payments affecting both lenders & borrowers. My auto home from Chrysler Corporation was {$53000.00} & Chrysler used the OC application form submitting it to the Federal Reserve Bank requesting {$350000.00}. Within a week and a half they received a check known as an inclearings deposit any amount of {$350000.00} made payable to my name. I Was never told about this particular deposit it seems that the operating circular number XXXX appendix XXXX of the Federal Reserve has an irrevocable power of attorney associated with it, I believe that the irrevocable power of attorney is unconscionable as a clause in our agreement. However the corporation should have adjusted the balance and reserve the remaining portion of the deposits to me.","date_sent_to_company":"2024-12-12T14:54:33.000Z","issue":"Managing the loan or lease","sub_product":"Lease","zip_code":"37421","tags":null,"has_narrative":true,"complaint_id":"11132475","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"SANTANDER HOLDINGS USA, INC.","date_received":"2024-12-12T13:42:17.000Z","state":"TN","company_public_response":null,"sub_issue":"Loan sold or transferred to another company"},"highlight":{"complaint_what_happened":["My auto home from Chrysler Corporation was {$53000.00} & Chrysler used the OC application <em>form</em> submitting it to the Federal Reserve Bank requesting {$350000.00}. Within a week and a half they received a check known as an inclearings deposit any amount of {$350000.00} made <em>payable</em> to my name."]},"sort":[17.02021,"11132475"]},{"_index":"complaint-public-v1","_id":"11144457","_score":17.00655,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Ally Financial Had Repossessed My XXXX XXXX XXXX XXXX XXXX : XXXX XX/XX/XXXX. I Had An Arbitration Clause In The Contract Which Ally Financial Breached. In Tennessee, the law related to the right to\n\nrepossess collateral under the Uniform Commercial Code ( UCC ) is governed by Article 9 of the UCC, specifically UCC 47-9-609. This section outlines the rules and procedures for a creditor to repossess collateral when a debtor defaults on a secured transaction. According to Tennessee 's UCC 47-9-609, a creditor generally has the right to repossess collateral if the debtor has defaulted on the underlying obligation. However, having a lien on the collateral is a key requirement for the creditor to exercise the right to repossess. The creditor must have a security interest in the collateral, typically established through a security agreement or another means allowed under the UCC. Therefore, in Tennessee, to repossess collateral under the UCC, the creditor must have a valid security interest or lien in the collateral as outlined in the UCC rules. It is essential for creditors to follow the proper procedures outlined in the UCC to repossess collateral lawfully and avoid potential legal challenges from debtors. In Particular,\nInclearing deposits played a crucial role in the processing of auto loan payments affecting both lenders & borrowers. My auto home from Ally Financial was {$73000.00} & Ally Financial used the OC application form submitting it to the Federal Reserve Bank requesting {$350000.00}. Within a week and a half they received a check known as an inclearings deposit any amount of {$350000.00} made payable to my name. I Was never told about this particular deposit it seems that the operating circular number 10 appendix 3 of the Federal Reserve has an irrevocable power of attorney associated with it, I believe that the irrevocable power of attorney is unconscionable as a clause in our agreement. However the corporation should have adjusted the balance and reserve the remaining portion of the deposits to me.","date_sent_to_company":"2024-12-14T02:13:21.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"37421","tags":null,"has_narrative":true,"complaint_id":"11144457","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ALLY FINANCIAL INC.","date_received":"2024-12-14T01:49:43.000Z","state":"TN","company_public_response":null,"sub_issue":"Company explaining amount owed"},"highlight":{"complaint_what_happened":["My auto home from Ally Financial was {$73000.00} & Ally Financial used the OC application <em>form</em> submitting it to the Federal Reserve Bank requesting {$350000.00}. Within a week and a half they received a check known as an inclearings deposit any amount of {$350000.00} made <em>payable</em> to my name."]},"sort":[17.00655,"11144457"]},{"_index":"complaint-public-v1","_id":"5722600","_score":16.95711,"_source":{"product":"Payday loan, title loan, or personal loan","complaint_what_happened":"World Finance gave me a loan that was fraudulent Because there is no Lawful money, and it can't be a Loaned the Date of the alleged loan was XX/XX/2018. On the Consumer credit transaction, I extended my credit out to them with my Credit Card ( SSN ) under Federal law 15 USC 1602 ( I ) ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. Upon me looking at the Truth and Lending Statement I've found Fraud under ( T.I.L.A ) there's a Finance charge involved and I wasn't told that the Finance charge was the sum of all payments not in comparison to cash transaction under 15 USC 1605 ( a ) ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : THEY BROKE THE LAW ALSO, NO DISCLOSURE WAS GIVEN TO ME REGARDING THE RIGHT OF RECESSION 15 USC 1635 ( A ) ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n\nI WANT THIS FRAUD ACCOUNT DELETED AND REMOVE ALL INFORMATION FROM THE CONSUMER REPORTING AGENCIES","date_sent_to_company":"2022-06-29T21:15:53.000Z","issue":"Charged fees or interest you didn't expect","sub_product":"Installment loan","zip_code":"306XX","tags":null,"has_narrative":true,"complaint_id":"5722600","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"World Acceptance Corporation","date_received":"2022-06-29T20:40:44.000Z","state":"GA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Examples of charges <em>which</em> are included in the finance charge include any of the following types of charges <em>which</em> are applicable : THEY BROKE THE LAW ALSO, NO DISCLOSURE WAS GIVEN TO ME REGARDING THE RIGHT OF RECESSION 15 USC 1635 ( A ) ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in <em>which</em> a <em>security</em> interest, including any such"]},"sort":[16.95711,"5722600"]},{"_index":"complaint-public-v1","_id":"10978187","_score":16.78656,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"It has come to my attention that I have recently been discriminated against and my application for credits for a used vehicle were denied XXXX. My denial letter is proof of this discrimination. As a federally protected consumer, this is a direct violation of my consumer rights ; potential securities fraud. The moment I applied I chose to become an investor which means any person or entity that owns an obligation issued by an issuing entity. The application itself is considered a financial asset and security and I have not been given any equal consideration for my application for credits even though USAA has ran my personal information and credit history, and has accepted the application which creates and opens an account whether or not the credits Im applying for are given to me. The credit application is the asset provided to create collateral for the extension of credit. Credit can never be issued without collateral. Securities are to be received by the trustee simultaneously with the creation of the creditor relationship with the obligor arising from the making, drawing, negotiating or incurring of the draft, bill of exchange, appearance, or obligation. The Securities Exchange Act under lawful extension of credit, it states that it is unlawful to maintain or extend credit TO OR FOR any customer without collateral or on any other collateral securities. According to the filings listed with the SEC, USAA XXXX XXXX ; USAA Auto Owner Trust are responsible for securitizing and collateralizing the notes that USAA Federal Savings bank purchases. Pledging my credit application to create a security along with a collateral certificate and trying to assign the debt to me in the form of a loan is securities fraud. \n\nUSAA has no right to deny me of an extension of credit when they are not lawfully allowed to give consumers loans nor having disclosed the fact you are only purchasing the underlying security and selling in on the secondary market. The underwriters initial propose is to offer the notes directly to the public at the public offering prices set forth on the cover page of the prospectus supplement for USAA and may offer the notes to certain dealers. These products and services are sold through various channels, including direct mail, online applications, in house and third party sales forces, and direct response advertising. The online application is a product/instrument in which USAA has already been compensated for. In addition, in the ordinary course of USAAs business activities, the underwriters and their affiliates may make or hold a broad array of investments and actively trade debt and equity securities ( or related derivative securities ) and financial instruments ( including bank loans ) for their own account and for the accounts of their customers. Such investments and securities activities may involve securities and/or instruments of yours or your affiliates. The underwriters and their affiliates may also make investment recommendations and/or publish or express independent research views in respect of such securities or financial instruments and may hold, or recommend to clients that they acquire, long and/ or short positions in such securities and instruments. Underwriters are actively trading debt securities or other financial instruments such loans and credit agreements.\n\nYou are required by law to provide these disclosures through an ABS-15G form with the SEC which requires asset backed securitizers to provide disclosures regarding fulfilled and unfulfilled repurchase request with respect to asset backed securities. The Terms of Notes detail the obligations and duties of the trust indentured. It states the company may from time to time, subject to compliance with any other applicable provisions of the indentured but with the consent of the holders of notes, create and issue pursuant to the indenture an unlimited principal amount of additional notes ( in excess of any amounts therefore issued ) having the same terms and conditions to those of the other outstanding notes, except that any such additional notes ( I ) may have have a different issue date and issue price from other outstanding notes and ( II ) may have a different amount of interest payable on the first interest payment date after issuance that is payable on other outstanding notes. Such additional notes shall constitute part of the same series of notes as the notes initially issued here under. Not only is USAA not providing me the credits I applied for, and selling my securities, but have the ability to sell the security multiple times for multiple values without giving me any of the security interest in return from my investment.\n\nIf compliance with your most recent SEC filings is not honored I will be forced to contact the SEC for violation your agreement. It seems USAA knoeingky intended to decieve me and I need this matter to be corrected. The adverse action that has taken place on my application needs to be reversed as it does not coincide with the disclosures provided to me or the Trust Indentured agreement on file with the SEC pursuant to the Securities Exchange Act.","date_sent_to_company":"2024-11-30T13:52:38.000Z","issue":"Getting a loan or lease","sub_product":"Loan","zip_code":"33138","tags":null,"has_narrative":true,"complaint_id":"10978187","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"UNITED SERVICES AUTOMOBILE ASSOCIATION","date_received":"2024-11-30T13:15:56.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit denial"},"highlight":{"complaint_what_happened":["As a federally protected consumer, this is a direct violation of my consumer rights ; potential <em>securities</em> fraud. The moment I applied I chose to become an investor <em>which</em> <em>means</em> any person or entity that owns an obligation issued by an issuing entity."]},"sort":[16.78656,"10978187"]},{"_index":"complaint-public-v1","_id":"4767633","_score":16.75023,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"This Complaint was completed by I XXXX XXXX The Consumer no third party etc involved. \n\nI XXXX XXXX The \" CONSUMER NATURAL PERSON '' under 15 USC 1692 a ( 3 ) The term consumer means any natural person obligated or allegedly obligated to pay any debt. \n\n15USC 1692 a ( 4 ) The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. \n\n15USC 1602 ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. \n\n15USC 1605 ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : UCC 3-603 ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. \n\nUnder The UCC, USC codes, and XXXX XXXX. Carvana/ XXXX committed known fraud in their contract which then breached the contract and voided this instrument of negotiation. I the CONSUMER XXXX XXXX extended credit for a consumer transaction an exchange to receive a vehicle from Carvanna who proceeded to take my Consumer credit card ( \" Social Security Card ' and \" Drivers License '' ) and drew up a contract and brought in a 3rd party who they state are under the umbrella of carvana and is represented by we, our and us which described them as one entity. No registering or bonding agent was present from either side to legally bind this agreement. Only a sales Representative by the name of XXXX XXXX. Furthermore I asked for the company to validate the debt 15 USC 1692 ( g ) it is any consumers rights to ask the validity of a debt with specific questions they did not answer or complete any portion of the forms sent. I the consumer XXXX XXXX also sent an Affidavit Of Truth that has multiple infractions and violations in which can only be rebutted line by line by the opposing party. Carvana / XXXX failed to do so. I demanded remedy for laws regulations and codes that were violated this company sent me letters of demands to collect a debt which is also a violation under 15USC 1692 d Harassment and Abuse. The company sent back all the CONSUMER 's materials back to the consumer without completion. This company has defaulted and now refuses to solve this matter.","date_sent_to_company":"2021-10-12T14:09:53.000Z","issue":"Getting a loan or lease","sub_product":"Loan","zip_code":"15132","tags":null,"has_narrative":true,"complaint_id":"4767633","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Carvana Group, LLC","date_received":"2021-09-30T19:57:07.000Z","state":"PA","company_public_response":null,"sub_issue":"Fraudulent loan"},"highlight":{"complaint_what_happened":["Furthermore I asked for the company to validate the debt 15 USC 1692 ( g ) it is any consumers rights to ask the validity of a debt with specific questions they did not answer or complete any portion of the <em>forms</em> sent. I the consumer XXXX XXXX also sent an Affidavit Of Truth that has multiple infractions and violations in <em>which</em> can only be rebutted line by line by the opposing party. Carvana / XXXX failed to do so."]},"sort":[16.75023,"4767633"]},{"_index":"complaint-public-v1","_id":"6341704","_score":16.250187,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"AFFIDAVIT OF ACCURACY From the Desk XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX DO NOT IGNORE THIS NOTICE NATIONWIDE XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX YEAR : XXXX  NATIONWIDE XXXX XXXX XXXX Requesting the agreement set in place for the security interest \" Original Contract '' No retail installments contract needed. \n\nI am a consumer as defined under 15 USC 1681a ( c ) The term consumer means an individual. Late Payments & Utilization reporting to consumer report is ILLEGAL. \n\n( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. \n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies U.S. Code Notes prev | next ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors 15 U.S. Code 1605 - Determination of finance charge ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.\n\n( 2 ) Service or carrying charge.\n\n( 3 ) Loan fee, finders fee, or similar charge.\n\n( 4 ) Fee for an investigation or credit report.\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss.\n\n( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed.\n\n15 U.S. Code 1635 - Right of rescission as to certain transactions ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n\n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court.\n\n15 USC 1662 : Advertising of downpayments and installments No 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.\n\n( 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.","date_sent_to_company":"2022-12-21T03:25:37.000Z","issue":"Credit monitoring or identity theft protection services","sub_product":"Credit reporting","zip_code":"75068","tags":null,"has_narrative":true,"complaint_id":"6341704","timely":"No","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"eCon Credit LP","date_received":"2022-12-21T02:43:03.000Z","state":"TX","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Problem canceling credit monitoring or identify theft protection service"},"highlight":{"complaint_what_happened":["Examples of charges <em>which</em> are included in the finance charge include any of the following types of charges <em>which</em> are applicable : ( 1 ) Interest, time price differential, and any amount <em>payable</em> under a point, discount, or other system or additional charges.\n\n( 2 ) Service or carrying charge.\n\n( 3 ) Loan fee, finders fee, or similar charge.\n\n( 4 ) Fee for an investigation or credit report."]},"sort":[16.250187,"6341704"]},{"_index":"complaint-public-v1","_id":"8154834","_score":16.18484,"_source":{"product":"Credit card","complaint_what_happened":"It has come to my attention that I have recently been discriminated against and denied for a recent open end credit application on XX/XX/13. My denial letter is proof of this discrimination. As a federally protected consumer, this is a direct violation of my consumer rights well as securities fraud. The moment I applied for open end credit I decided to become an investor which means any person or entity that owns an obligation issued by an issuing entity. The application itself is considered a financial asset and security and I have not been given any equal consideration for my application for credits even though American Express has ran my personal information and credit history, has taken accepted the application which my default creates and opens an account whether or not I am approved or denied. The credit application is the asset provided to create collateral for the extension of credit. Credit can never be issued without collateral. Securities are to be received by the trustee simultaneously with the creation of the creditor relationship with the obligor arising from the making, drawing, negotiating or incurring of the draft, bill of exchange, appearance, or obligation. The Securities Exchange Act under lawful extension of credit, it states that it is unlawful to maintain or extend credit TO OR FOR any customer without collateral or on any other collateral securities. According to your prospectus as well as your XXXX filings and indentured agreement, The XXXX XXXX XXXX XXXX XXXXXXXX indentured trustee and are responsible for securitizing and collateralizing the notes that American Express purchases. Pledging my credit application to create a note for open end credit along with a collateral certificate and trying to assign the debt to me in the form of a loan is securities fraud. American Express has no right to deny me of an extension of credit when they are not legally allowed to give consumers loan and are only purchasing the underlying security and selling in on the secondary market. The underwriters initially propose to offer the notes directly to the public at the public offering prices set forth on the cover page of the prospectus supplement for American Express Company/American Express National Bank and may offer the notes to certain dealers. These products and services are sold through various channels, including direct mail, online applications, in house and third party sales forces, and direct response advertising. The online application is a product/instrument in which you have already been compensated for. \n\nAmerican Exoress filings also state In addition, in the ordinary course of their business activities, the underwriters and their affiliates may make or hold a broad array of investments and actively trade debt and equity securities ( or related derivative securities ) and financial instruments ( including bank loans ) for their own account and for the accounts of their customers. Such investments and securities activities may involve securities and/or instruments of ours or our affiliates. If any of the underwriters or their affiliates have a lending relationship with us, certain of those underwriters or affiliates routinely hedge, and certain other of those underwriters may hedge, their credit exposure to us consistent with their customary risk management policies. Typically, these underwriters and their affiliates would hedge such exposure by entering into transactions which consist of either the purchase of credit default swaps or the creation of short positions in our securities, including potentially the notes offered hereby. Any such credit default swaps or short positions could adversely affect future trading prices of the notes offered hereby. The underwriters and their affiliates may also make investment recommendations and/or publish or express independent research views in respect of such securities or financial instruments and may hold, or recommend to clients that they acquire, long and/ or short positions in such securities and instruments. Underwriters are actively trading debt securities or other financial instruments such loans and credit agreements. \nYou are required by law to provide these disclosures through an ABS-15G form with the SEC which requires asset backed securitizers to provide disclosures regarding fulfilled and unfulfilled repurchase request with respect to asset backed securities. The Terms of Notes detail the obligations and duties of the trust indentured. It states the company may from time to time, subject to compliance with any other applicable provisions of the indentured but with the consent of the holders of notes, create and issue pursuant to the indenture an unlimited principal amount of additional notes ( in excess of any amounts therefore issued ) having the same terms and conditions to those of the other outstanding notes, except that any such additional notes ( I ) may have have a different issue date and issue price from other outstanding notes and ( II ) may have a different amount of interest payable on the first interest payment date after issuance that is payable on other outstanding notes. Such additional notes shall constitute part of the same series of notes as the notes initially issued here under. Not only is American Express not providing me a loan, and selling my securities, but have the ability to sell the security multiple times for multiple values without giving me any of the security interest in return from my investment. \n\nIf compliance with your most recent SEC filings is not honored I will be forced to contact the SEC for violation your agreement. American Express intended to decieve me and need to correct this matter. The adverse action that has taken place on my application needs to be reversed as it violates the Trust Indentured agreement American Express has with the Bank of New York Mellon and you arreglen with the SEC pursuant to the Securities Exchange Act. I need be granted the extension I am entitled to as an investor and federally protected consumer and expect any security intrest to be provided to me or credited to the account.","date_sent_to_company":"2024-01-13T16:19:08.000Z","issue":"Getting a credit card","sub_product":"General-purpose credit card or charge card","zip_code":"33138","tags":null,"has_narrative":true,"complaint_id":"8154834","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-01-13T16:10:39.000Z","state":"FL","company_public_response":null,"sub_issue":"Application denied"},"highlight":{"complaint_what_happened":["As a federally protected consumer, this is a direct violation of my consumer rights well as <em>securities</em> fraud. The moment I applied for open end credit I decided to become an investor <em>which</em> <em>means</em> any person or entity that owns an obligation issued by an issuing entity."]},"sort":[16.18484,"8154834"]},{"_index":"complaint-public-v1","_id":"4544485","_score":16.163225,"_source":{"product":"Student loan","complaint_what_happened":"XX/XX/2021 XXXX XXXX Account Number : XXXX This letter is in Reference to the above Account Based on the facts of the matter : During this consumer credit transaction, I, the consumer, the natural living man, and original creditor to the account, have elected to extend my credit to Navient/ US Department of Education . It is to my knowledge that Navient/ US Department of Education has formed an alleged debt in the form of a loan in fraudulence using my personal open ended consumer credit plan and personal consumer credit card ( SSN ). The Truth in Lending Act does not define the word loan or borrower therefore I do not know how this alleged debt can be validated in truth. It seems that This notion has also made Navient/US Department of Education the Debtor, borrower and a debt collector of the alleged debt, As they Have not produced any original instrument proving to be the original creditor. The misrepresentation of Navient/US Department of Education as the Original Creditor constitutes consumer fraud and I demand validity in this matter, that the above account be deemed Closed and blocked from reentering my consumer report. I also seek Monetary Remedy for all given payments and repeated communications over years while creating a alleged debt through fraud. \nBe mindful Under 15 U.S. Code 1692e.False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. \n\n\n\nUnder 15 U.S. Code 1602 ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. \n\n( h ) The term credit sale refers to any sale in which the seller is a creditor. The term includes any contract in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the property and services involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the property upon full compliance with his obligations under the contract. \n\n12 U.S. Code 1431 - Powers and duties of banks ( a ) Borrowing money ; issuing bonds and debentures ; general powers Each Federal Home Loan Bank shall have power, subject to rules and regulations prescribed by the Director, to borrow and give security therefor and to pay interest thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve, and to do all things necessary for carrying out the provisions of this chapter and all things incident thereto. \n\n\nIgnorance of the Law is no Excuse XXXX XXXX","date_sent_to_company":"2021-07-14T10:35:06.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"89103","tags":null,"has_narrative":true,"complaint_id":"4544485","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Navient Solutions, LLC.","date_received":"2021-07-14T10:25:43.000Z","state":"NV","company_public_response":null,"sub_issue":"Received bad information about your loan"},"highlight":{"complaint_what_happened":["Code 1602 ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit <em>which</em> is <em>payable</em> by agreement in more than four installments or for <em>which</em> the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially <em>payable</em> on the face of the evidence of indebtedness or, if there is no such evidence of"]},"sort":[16.163225,"4544485"]},{"_index":"complaint-public-v1","_id":"8181208","_score":16.159908,"_source":{"product":"Credit card","complaint_what_happened":"15 U.S. Code 1602 - Definitions and rules of construction ( e ) The term person means a natural person or an organization.\n\n( f ) The term credit means the RIGHT granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.\n\n( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance.\n\n( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.\n\n( m ) The term accepted credit card means any credit card which the cardholder has requested and received or has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, or services on credit.\n\n( n ) The term cardholder means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person.\n\nAny false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes fraud, and entitles party deceived to avoid contract or recover damages. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nIn the federal courts, it is well established that a national bank has not power to lend its credit to another by becoming surety, indorser, or guarantor for him. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nIt is not within those statutory powers for a national bank, even though solvent, to lend its credit to another in any of the various ways in which that might be done. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nUnder truth in lending regulation providing that disclosure of consumer credit loan shall not be stated, utilized or placed so as to mislead or confuse consumer, placement of disclosures is to be considered along with their statement and use. Truth in Lending Regulations, Regulation Z, Section 226.6 ( c ), 15 U.S.C. following section 1700 .XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nAny violation of the Truth in Lending Act, regardless of its technical nature, must result in finding of liability against the lender. Truth in Lending Regulations, Regulation Z Section 226.1 et seq., 15 U.S.C. Section 1700 ; Truth in Lending Act Section 130 ( a, e ), IS U.S.C. Section 1640 ( a, e ). In XXXX XXXX. XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX \n\nI initiated a Consumer Credit Transaction with Bank of America N.A. ( Bank ) XXXX XX/XX/XXXX using the prepaid account given to me by Congress to exercise my right to credit as a natural person. I am very aware that banks are not allowed to lend credit and that their authority to use credit is granted through the applicant. I am also aware of my hybrid prepaid account that it available through a separate credit feature attached to the social security number account and by provided Bank of America with the social security number and a signature it gives them authorization to make an electronic funds transfer according to Regulation E. Proof of this transaction is evident on my credit report in the form of an inquiry. I contacted the bank on XX/XX/XXXX, at XXXX XXXX  and XX/XX/XXXX, at XXXX XXXX expressing my rights to proceeds and was told I was stating opinions and the applications had disclosures. I did let the agent know the application would not allow me to opt of sharing my information with third parties and was ignored. I also alerted the bank to being in default and are liable to me pursuant to 15 U.S. Code 1681n - Civil liability for willful noncompliance which Bank of America is liable to me in the amount of USD {$200000.00} payable in lawful money.","date_sent_to_company":"2024-01-15T20:40:30.000Z","issue":"Getting a credit card","sub_product":"General-purpose credit card or charge card","zip_code":"10002","tags":null,"has_narrative":true,"complaint_id":"8181208","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2024-01-15T20:07:17.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Application denied"},"highlight":{"complaint_what_happened":["Code 1681n - Civil liability for willful noncompliance <em>which</em> Bank of America is liable to me in the amount of USD {$200000.00} <em>payable</em> in lawful money."]},"sort":[16.159908,"8181208"]},{"_index":"complaint-public-v1","_id":"6206878","_score":16.03506,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"XXXX of XXXX I initiated a consumer transaction with XXXX to purchase a used XXXX XXXX XXXX. I was asked to put down XXXX at the time which I did. It wasnt until XXXX of XXXX that I began looking off into consumer laws ( I had noticed alot of things while car shopping that I started to question ). I began to look over my retail installment contract ( not a loan as they lead me to believe ). I was asked for my social security number which I gave at the time. According to 15 U.S.Code 1602 ( l ) states The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. By the company using my social security card they already had what they needed. The car was financed through Prestige Financial. I should not have needed a down payment to be approved for the car. 15 U.S.Code 1605 ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n( 2 ) Service or carrying charge.\n\n( 3 ) Loan fee, finders fee, or similar charge.\n\n( 4 ) Fee for an investigation or credit report.\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss.\n\n( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed.\n\nThis clearly states that the finance charge is the sum of ALL charges. And that no third party fees shall be included in a finance charge. I also notice that it says premium/insurance is included in the finance charge. None of this was disclosed to me.\n\nAccording to the T.I.L.A, Regulation Z, and 15 U.S. Code 1635 states that I also have the right to rescind, this was to be disclosed to me I was never told that I could rescind nor did I sign anything waiving this.\n\nI know that I signed an arbitration agreement. Since studying these things I have sent in form 56 to the IRS letting them know that I am a natural person. I have sent the dealership and finance company power of attorney letting them know I am capable of making my own decisions. I did send a notice of rescission to to the dealership but they told me they were not goin got comply. I realized I did not put all parties on notice. I did send rescission notice to the dealership, dealership registered agent, finance company, and finance company registered agent. I am currently waiting to hear back from all parties.","date_sent_to_company":"2022-11-15T17:45:17.000Z","issue":"Getting a loan or lease","sub_product":"Loan","zip_code":"622XX","tags":null,"has_narrative":true,"complaint_id":"6206878","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PRESTIGE FINANCIAL SERVICES INC","date_received":"2022-11-15T16:46:34.000Z","state":"IL","company_public_response":null,"sub_issue":"Fraudulent loan"},"highlight":{"complaint_what_happened":["I was asked to put down XXXX at the time <em>which</em> I did. It wasnt until XXXX of XXXX that I began looking off into consumer laws ( I had noticed alot of things while car shopping that I started to question ). I began to look over my retail installment contract ( not a loan as they lead me to believe ). I was asked for my social <em>security</em> number <em>which</em> I gave at the time."]},"sort":[16.03506,"6206878"]},{"_index":"complaint-public-v1","_id":"11230314","_score":15.992185,"_source":{"product":"Mortgage","complaint_what_happened":"I received a bill of exchange from PENNYMAC LOAN SERVICES on XX/XX/year>XXXX  for my XXXX monthly loan PAYMENT of {$1700.00}. I properly endorsed the bill for the full amount of the unpaid balance of {$310000.00} with the XXXX  XXXX  for verification of signatures with the proper seal and return it to PENNYMAC Transfer Agent Computershare at XXXX XXXX XXXX XXXX XXXX XXXX, MA XXXX Toll-Free : XXXX I sent a copy of the security to PENNYMAC to keep them informed as to my intentions. \nOn XX/XX/year>, I received a letter from PENNYMACS transfer agent that the security that I sent them was sent to them in error and therefore they are returning it to me. On XX/XX/year>, I received a letter from PENNYMAC informing me that since they are the servicer of the loan all transaction must go through them. \nI noticed that the instrument which was returned to me by the transfer agent indicated the process was started in order to discharge the alleged loan by the stamps on the back of the instrument saying, XXXX XXXX verify and a stamp on the front saying, raised seal, referring to the postage stamps on the front of the instrument. \nI sent the instrument to XXXX XXXX ( Chief Financial Officer of PENNYMAC ) as they requested all document must go through them instructing him to please continue with the processing of the instrument for discharge of the alleged loan. The instrument was received by them on XX/XX/year> by XXXX XXXX according to the United States Postal Form 3811 return receipt # XXXX XXXX XXXX XXXX XXXX XXXX. A notice of claim to the instrument was also sent with the security instrument demanding that if the instrument was not utilized to satisfy the payment or obligation for which it was intended, it must be returned to me promptly. As of the reading of this letter, they have not return my instrument, so I would conclude that it was utilized to satisfy the payment or obligation it represented or they have exchange it at the federal reserve window for federal reserve notes. Either way, they have ACCEPTED it. Under the Bills Of Exchange Act 1882, North Carolina XXXX XXXX XXXX XXXX XXXX, North Carolina General Statue 25 2 304. Price payable in money, goods, realty, or otherwise, I choose otherwise to discharge the debt. \n\nThe Uniform Commercial Code 4-302. PAYOR BANK 's RESPONSIBILITY FOR LATE RETURN OF ITEM. States : ( a ) If an item is presented to and received by a payers bank, the bank is accountable for the amount of : ( 1 ) a demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline ; or ( 2 ) any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents. \nFour letter were sent to XXXX XXXX ( Chief Financial Officer of PENNYMAC ) requesting : A valid contract signed by both parties confirming bilateral consent. \nA true and certified copy of the complete audit trail of said account including any loss to the company. Audit certification of debt entry in accordance with Generally Accepted Accounting Practice. ( G.A.P.P. ) A copy of their Tax Registration certificate. XXXX XXXX XXXX ( Chief Financial Officer of PENNYMAC ) did not respond with the documents I request and therefore was presented with a notarized irrevocable estoppel by acquiescence PAYMENT. The fulfilment of a promise, or the performance of an agreement. A discharge of an obligation or debt, and part payment, if accepted, is a discharge pro tanto. The execution and delivery of negotiable papers is not payment unless it is accepted by the parties in that sense. XXXX XXXX XXXX XXXX Obligation or other security of the United States defined 18 U.S. Code 8 - The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency XXXX Federal Reserve notes, 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, and canceled United States stamps. \nA transfer agent is a financial services professional or organization responsible for managing and maintaining the records of shareholders or bondholders for a company, mutual fund, or other securities issuer. The primary role of a transfer agent is to ensure the accurate and efficient processing of transactions involving the transfer of ownership of securities. \n\nU.C.C 3-407. ALTERATION ( a ) \" Alteration '' means ( i ) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party, or ( ii ) an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party. \n( b ) Except as provided in subsection ( c ), an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms. \nU.C.C 4-302. PAYOR BANK 's RESPONSIBILITY FOR LATE RETURN OF ITEM. \n( a ) If an item is presented to and received by a payor bank, the bank is accountable for the amount of : ( 1 ) a demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depository bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depository bank, does not pay or return the item or send notice of dishonor until after its midnight deadline ; or ( 2 ) any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.","date_sent_to_company":"2024-12-20T17:23:49.000Z","issue":"Trouble during payment process","sub_product":"VA mortgage","zip_code":"27292","tags":null,"has_narrative":true,"complaint_id":"11230314","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PENNYMAC LOAN SERVICES, LLC.","date_received":"2024-12-20T16:26:31.000Z","state":"NC","company_public_response":null,"sub_issue":"Payment process"},"highlight":{"complaint_what_happened":["The instrument was received by them on XX/XX/year> by XXXX XXXX according to the United States Postal <em>Form</em> 3811 return receipt # XXXX XXXX XXXX XXXX XXXX XXXX. A notice of claim to the instrument was also sent with the <em>security</em> instrument demanding that if the instrument was not utilized to satisfy the payment or obligation for <em>which</em> it was intended, it must be returned to me promptly."]},"sort":[15.992185,"11230314"]},{"_index":"complaint-public-v1","_id":"8115763","_score":15.948024,"_source":{"product":"Credit card","complaint_what_happened":"My Reference Number : XXXX the USD tells me that my application is a promissory note that will be resubmitted for FRNs defined in the American Express Prospectus. Please be advised that I submitted an application for an American Express Platinum credit card with American Express National Bank, Commission File Number : XXXX online on XXXX. As in investor I was denied an extension of my credit as my application is clearly a promissory note in which AmEx is selling on the XXXX. It is violation of the FTC to deny me an extension of my credit especially when I have submitted my application in good faith not being aware or provided any disclosures that my information is being sold and traded on the stock exchange for profit. However, as I am reading your current American Express XXXX annual report on file with the SEC, I see that as an note holder, my applications that I submitted should have been converted into a paper-based securities or certificate of indebtedness. According to your Prospectus dated XX/XX/XXXX, all applications submitted through American Express Financial Corporation and its affiliates are being offered as a part of your Prospectus being sold to investors. This means as a note holder of American Express XXXX XXXX XXXX XXXX XXXX, I provided to your financial institution my personal identifying information in accordance with the Patriot Act under Title 12 in good faith. In exchange, American Express XXXX XXXX XXXX XXXX XXXX is selling and trading my personal information pursuant to the trust agreement as a certificate of indebtedness on the XXXX XXXX XXXX for a period of at minimum 30 years without my permission and/or knowledge and is denying me my right to credit in accordance with the Privacy Act of 1974. It is a violation of Rule 200 under the Securities Exchange Act 17 CFR 200 to deny me an extension of credit as an investor in American Express pursuant to your XX/XX/XXXX annual XXXX filing. Moreover, under Rule XXXX, filed under the Securities and XXXX XXXX XXXX XXXX XXXX, American Express agrees to be ethically bound to not commit language fraud even in the application solicitations as stated in your Form XXXX by not providing proper disclosures to all investors. American Express further agrees that pursuant to the Securities Exchange Act of 1934, to be ethically bound to the language and performance of all of American Express public offerings, filings and commitments made to investors. Further, per your XXXX annual filing, under the ITEM 7. Managements discussion and analysis of financial condition and results of operation ( XXXX XXXX XXXX  ), your credit card and consumer products are at the top of your highest grossing tier of revenue for American Express which means that any investment that includes my application and promissory note is a part of your highest grossing revenue. This would mean that a credit application which is a promissory note that has a CUSIP number is an extremely valuable asset for American Express Investments. I provided American Express my personal identifying information online to American Express Investments which is attached to a promissory note denoting me as investor in the American Express Company according to the THIRD SUPPLEMENTAL INDENTURE BETWEEN AMERICAN EXPRESS COMPANY AND THE NEW YORK XXXX  XXXX XXXX ( Indenture ). The Indenture states that all securities derived from the consumer investor in the debentures are being offered as securities and sold to investors as a part of multi-denomination global securities as defined in Section 2.4 Registered Securities ; Form ; Denominations ; Depositary are converted to floating rate notes and floating rate interest payments that is due and payable to the consumer but instead is generating huge investment capital for American Express and I am entitled to receive the dividend interest that belongs to me that is attached to it as an investor. Most importantly, The Indenture states that American Express Issuance Trust II provides a monetary relationship under Section 13.10 Derivative Counterparty, Supplemental Credit Enhancement Provider and Supplemental Liquidity Provider as Third-Party Beneficiary which means that American Express Financial Bank is choosing to purchase third-party data furnishers as a means of denying consumer credit which is an egregious act of securities fraud and consumer rights violations. In light of the information provided above, any previous accounts that I had with American Express that have been allocated as a credit loss per your XXXX and charged off as a loss with the IRS after receiving unlimited dividend interest as a result of American Express being the beneficiary of any dividend interest of any prior accounts and that being a reason for denying me an extension of credit has already been fiscally accommodated for in the application. Let all documents containing my wet-ink signature in your possession serve as my proof of claim. Any past applications in the form of promissory notes that are still trading under my personal identifying information and any of lines of credit that I have previously held have been securitized and profited from by American Express according to your XXXX filing with those losses being accommodated for through your IRS filings XXXX Therefore, to deny me an extension of credit would be in violation of your Prospectus on file with the SEC, as well as, intentional misstatements and omissions in of your XXXX, and most importantly, an egregious violation of fraud against the Securities and Exchange Act of 1934, as filed in your XXXX, XXXX, Prospectus and Indenture Agreements. If I am continued to be denied the open end investment account offered as open-end credit agreements that is due to me per your Prospectus filed pursuant to Rule 433 dated XX/XX/XXXX, with knowledge that American Express Financial Bank has securitized my applications through its depositor, American Express XXXX XXXX XXXX XXXX XXXX XXXX as well as, all of my previous credit receivables, would constitute securities fraud against me and securities fraud against your investors. This will obligated me to file a complaint as a whistleblower under IRS 3949-A and for securities fraud with FINRA, the SEC and the FTC for failure to adhere to your own capital raising Prospectus filed on the record which could potentially put American Express in a dishonorable status with FINRA, IRS, The Department of Justice and the Securities Exchange Commission XXXX","date_sent_to_company":"2024-01-19T14:21:44.000Z","issue":"Getting a credit card","sub_product":"General-purpose credit card or charge card","zip_code":"XXXXX","tags":"Servicemember","has_narrative":true,"complaint_id":"8115763","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-01-06T17:33:13.000Z","state":"MO","company_public_response":null,"sub_issue":"Application denied"},"highlight":{"complaint_what_happened":["The Indenture states that all <em>securities</em> derived from the consumer investor in the debentures are being offered as <em>securities</em> and sold to investors as a part of multi-denomination global <em>securities</em> as defined in Section 2.4 Registered <em>Securities</em> ; <em>Form</em> ; Denominations ; Depositary are converted to floating rate notes and floating rate interest payments that is due and <em>payable</em> to the consumer but instead is generating huge investment capital for American Express and I am entitled to receive the dividend"]},"sort":[15.948024,"8115763"]},{"_index":"complaint-public-v1","_id":"5137993","_score":15.858687,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"I have noticed several billing errors in the Truth-in-Lending disclosures section of the Retail Installment Contract and Security Agreement. The first one being the number of payments as well as the number of payments seems to be inaccurate on the Payment Schedule. 16 CFR 433.1 ( d ) which describes a purchase money loan in regards to the truth in lending disclosure is defined as : A cash advance which is received in return for a finance charge within the meaning of the truth in lending act and regulation z, which is applied, in whole or substantial part, to purchase of goods or services from a seller who ( 1 ) refers consumes to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement. Under regulation Z also known as truth-in-lending the itemization of payments should mirror the finance charge amount as it is the dollar amount the credit will cost me. The next billing error is the down payment on the itemization of amount financed. The {$7800.00} cash payment placed under section f which references Net trade-in ( d-e ; if negative enter {$1500.00} here and enter the amount on line m ). Is in violation of 7 CFR 1436.10 ( c ) The down payment may not include any trade-in, discount, rebate, credit, deferred payment, post-dated check, or promissory note to the supplier or contractor. The next billing error can be seen on the amount of credit provided to me or on my behalf. There is no authorized representative other than the appointed attorney-in-fact by the consumer to receive any credits on behalf of the consumer. I am demanding additional clarification including documentary evidence of the procedures used to come up with these itemized amounts in accordance with Generally Accepted Accounting Principles ( GAAP ). These billing errors may be assumed to be a willfully intent on misleading and or deceiving the consumer of the character/ amount of any debt 15 U.S.C . 1692e. All debt obligations and securities are owed to the United States 18 U.S.C 8. Do NOT hinder nor delay the delivery of the consumer goods associated with the transaction.\n\nthe term \" the term payment ( i ) means a payment that is ( I ) made to further the commercial development of oil, natural gas, or minerals ; 15 USC sec 78m ( q ) ( 1 ) ( C ). while A \" coupon means a form which may be redeemed, at no cost or at a reduced cost, '' I am yet to receive the redemption to my account in the form of credits. \nSantander clearly states, To receive proper credit simply complete the amount of your payment in the Total Amount Enclosed payment field and other amounts you are sending to be applied to your account. such as Additional payment ( if applicable ). \nPlease make checks payable to Santander Consumer USA Indicate amount paid in Total Amount Enclosed payment field below. \nPrint and mail coupon to : Santander Consumer USA XXXX XXXX XXXX, XXXX, TX XXXX '' which is the incorrect address, noted by Santander Agent via phone. and is actually the XXXX  Address.","date_sent_to_company":"2022-01-21T18:27:21.000Z","issue":"Problem with customer service","sub_product":"Money order","zip_code":"85388","tags":null,"has_narrative":true,"complaint_id":"5137993","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Santander Consumer USA Holdings Inc.","date_received":"2022-01-21T17:43:07.000Z","state":"AZ","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["the term \" the term payment ( i ) <em>means</em> a payment that is ( I ) made to further the commercial development of oil, natural gas, or minerals ; 15 USC sec 78m ( q ) ( 1 ) ( C ). while A \" coupon <em>means</em> a <em>form</em> <em>which</em> may be redeemed, at no cost or at a reduced cost, '' I am yet to receive the redemption to my account in the <em>form</em> of credits."]},"sort":[15.858687,"5137993"]},{"_index":"complaint-public-v1","_id":"8331631","_score":15.557002,"_source":{"product":"Credit card","complaint_what_happened":"The application used to apply for the Chase XXXX XXXX is evidence of an offer from Chase ( offeror ) inviting me ( offeree ) to make a binding contract. An offer is part of contract negotiations where a party agrees to do or not do something in exchange for consideration. An offer must be stated and delivered in a way that would lead a reasonable person to expect a binding contract to arise from its acceptance. An offer gives the offeree the ability to accept and form an enforceable contract. When a valid offer is made, an acceptance by the offeree creates a binding contract. An offeror generally can not retract the offer once the other party has accepted. \nThe offer to contract was a simple exchange between Chase and I. In exchange for my signed promise to pay ( application ), Chase would open an account in my name and issue Card ( s ) as I direct. The said offer was accepted for value and consideration and the contract issued back to Chase for the promise of performance to provide the said consideration. Once fully executed the said application became a security, specifically an instrument in the form of a promissory note evidencing a promise to pay a monetary obligation. The pricing information, terms and conditions and other certifications formed a Security Agreement ultimately giving Chase a Security Interest in the Security. This is evidence of Chase taking the security by means of a purchase however, Chase did not provide me with any consideration when they purchased the executed application which is a financial asset ( 12 CFR 360.6 ( 2 ) ) from me ultimately breaching the contract for failure to provide consideration. \nFailure of consideration is a concept which relates to the law of contracts. In contract law, a party trades something of value in exchange for consideration. The term failure of consideration implies that the consideration, which was sufficient at the time of bargaining, has ceased to be sufficient. This could happen if the consideration offered becomes worthless or miniscule compared to the value of the contract, or if the party promising to furnish the consideration fails to do so. It is a failure to provide consideration if Chase invites me to make a contract by way of an offer and I accept the offer under the impression that the consideration that I will have an account opened in my name and Card ( XXXX ) issued as I direct and once the offer is accepted you take the financial asset and provide miniscule consideration in exchange for it. This is evidence of misrepresentation. \nA misrepresentation is a false or misleading statement or a material omission which renders other statements misleading, with intent to deceive. Misrepresentation is XXXX the elements of common law fraud, and other causes of action for fraud, such as securities fraud. Securities fraud is the misrepresentation or omission of information to induce investors into trading securities. \n\" Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes 'fraud, ' and entitles party deceived to avoid contract or recover damages. '' XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. \nThe primary definitions from the Securities Act of 1933 and the Securities Exchange Act of 1934 similarly define securities as specific instruments such as a note, stock, treasury stock, security future, security-based swap, bond, debenture and any instruments that fall into broad categories like investment contracts or any interest or instrument commonly known as a security ( see 15 U.S.C. 77b ) Under 17 CFR 240.10b-5 - Employment of manipulative and deceptive devices It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce to employ any device, scheme, or artifice to defraud, to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security. \nChase misrepresented and omitted to disclose within the terms and conditions of the application certain facts in order to induce offerees into unknowingly selling Chase securities and regardless of satisfactory credit rating or approval or denial Chase during the regular course of business purchases the applications and is able to use the applications as securities that can be pledged as collateral to the XXXX XXXX at the XXXX XXXX XXXX XXXX XXXX XXXX to receive advances which in turn creates money. Chase also can securitize the applications by way of asset securitizations in which applications are used as receivables and sold to a special-purpose entity created for the securitization activity, typically a trust. The trust, in turn, issues securities, commonly referred to as asset-backed securities that are secured by the receivables. The trust uses the proceeds from the sale of such securities to pay the purchase price for the receivables. Chase also takes the application as a promissory note and credits an account creating new money. The above-mentioned Financing Activities are further evidenced and on record within Chase 's Securities and Exchange Commission filings . \nIt is not necessary for rescission of a contract that the party making the misrepresentation should have known that it was false, but recovery is allowed even though misrepresentation is innocently made, because it would be unjust to allow XXXX who made false representations, even innocently, to retain the fruits of a bargain induced by such representations. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. \nSETTLEMENT PROPOSAL I am asking for Chase to provide me compensation for the security which they have no right to retain. Therefore, I propose that Chase opens an account in my name and issues me the Chase XXXX XXXX with open-end credit and provides that the accounts monthly balance is secured by the payment Coupon associated with the monthly statement to be used as a Negotiable Instrument payable in U.S. Dollars and clearable through the US banking system. \nThis Breach of Contract and Fiduciary Duty could have interesting consequences as I could be forced to contact and file complaints with various Federal Agencies, including but not limited to The Securities and Exchange Commission, The Federal Trade Commission, and the Consumer Financial Protection Bureau for Securities Fraud, violations of Consumer Protection Laws, and Unfair, Deceptive, or Abusive Acts or Practices. An investigation may uncover a scheme in which securities fraud, misrepresentation and omission of information was used to induce investors into trading securities that Chase uses to further enrich their card business while depriving the underlying account holders their intangible right to honest services. I firmly believe that an amicable resolution is in the best interests of both parties. However, I am fully prepared to pursue arbitration among other legal proceedings that would be necessary to uphold my intangible rights and protect my own interest in the executed application which is a financial asset and a security.","date_sent_to_company":"2024-02-12T22:13:24.000Z","issue":"Getting a credit card","sub_product":"General-purpose credit card or charge card","zip_code":"28212","tags":null,"has_narrative":true,"complaint_id":"8331631","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2024-02-12T22:03:24.000Z","state":"NC","company_public_response":null,"sub_issue":"Application denied"},"highlight":{"complaint_what_happened":["Once fully executed the said application became a <em>security</em>, specifically an instrument in the <em>form</em> of a promissory note evidencing a promise to pay a monetary obligation. The pricing information, terms and conditions and other certifications <em>formed</em> a <em>Security</em> Agreement ultimately giving Chase a <em>Security</em> Interest in the <em>Security</em>."]},"sort":[15.557002,"8331631"]},{"_index":"complaint-public-v1","_id":"7770096","_score":15.32183,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Experian is obligated by the FCRA to report accurate accounting. Consumer has advised Experian, on numerous occasions that inaccurate reporting tactics is injurious, fraudulent, racketeering, a XXXX, conspiracy, extortion, coercion, securities fraud and a direct violation of their security agreement with the security exchange. Consumer gave Experian, 4 days per law to update the accounts as paid as agreed and remove all negative reporting, As these accounts were already prepaid. FTC fraud report was filed on behalf of the consumer. Consumer is now requesting Experian to provide the documentation used to determine said accounts. if documentary evidence does not exist Experian is to update consumer credit report immediately! Experian is liable under the SEC to follow certain rules. Experian commission file number is 1-11689. In addition I will be filing form 211 treasury omb form to audit consumers account. Experian is securitizing consumers data and yet refuses to provide me with a copy of their consumer FILE not consumer report. \nExperian has 15 days to provide me with a copy of my written consent given to said \" creditor '' authorizing the release of my personal and private information. As all companies have been provided with a letter of opt out per the provisions of 12 CFR 1016.1 ( a ) and ( b ) 12 CFR 1016.1 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 : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 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 1016.13, 1016.14, and 1016.15.\n\nExperian is a nonaffiliated third party. \n\n( b ) Scope. \n\n( 1 ) This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family, or household purposes.\n\nPursuant to 12 CFR 1016.7 ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.\n\n( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.\n\n( i ) Duration of consumer 's opt out direction.\n\n( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\nI was not provided with a notice of disclosure by any corporation.\n\nPursuant to 15 usc 6804 in general no nonpublic information as it relates to a consumer must not be disclosed without the written consent of the consumer.\n\nExperian has also knowingly violated my right by denying me my right to credit.\n\nper 15 USC 1601. Congress states that I have a right to credit and therefore have a right to informed use of credit to protect me against all unfair billing and credit practices.\n\n15 USC 1602 Definitions and rules of construction.\n\nA list of terms that are applicable to truth in lending.\n\n( b ) Bureau- means the Bureau means of Consumer Financial Protection .\n\nExperian has been posing as a Bureau but this can not be. Experian does not have a governmental charter with any government. According to Experian 's own License and disclosure policy Experian is a credit marketplace platform. ( See Exhibit A ) ( c ) ( d ) The term organization means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.\n\n( e ) The term person means a natural person or an organization.\n\n( f ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.\n\nI am the original creditor. Per Federal Reserve Act Section 16 Title Part 1 and 2.\n\nThe application shall be accompanied by a tender to the local Federal Reserve agent of collateral in an amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. All accounts have been prepaid already. My tender was the signature on the application that was then collateralized and securitized. Which made the application a collateral security. The Federal Reserve then took my collateral security and sent it to the bank in one of the following forms : notes, drafts, bills of exchange. In no event shall such collateral security be less than the amount of Federal Reserve notes applied for. The bank then turned around added the check they received in my name as an asset to their leger cashed the check, which was paid to bearer, me not the bank and attached a finance charge to it and lent me my own money. Thus, turning me into the debtor and them the creditor and demanded repayment on all accounts. The balances on these accounts are not owed to the bank. All accounts show a positive balance because these are the interest payments that are owed to ME ( the creditor, the Lender, the beneficiary, the principal account holder ). The bank is to credit my interest payments to me per the electronic funds transfer act.\n\nBanks CAN NOT LEND CREDIT Truth in Lending Act, Case Law and Regulation Z Truth in Lending Act was passed to prevent unsophisticated consumer from being misled as to total cost of financing, Truth in Lending Act, Section 102, 15 USC Section 1601. Griggs v Provident Consumer certiorari granted, vacated 103 S.Ct. 400, 459 U.S. 56,74 L.Ed.2d 225, on remand 699 F.2d 642 15 USC 1666b Timing of payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.\n\nPer 12 USC 1431 Powers and Duties of Banks ( a ) Each bank shall have power, subject to rules and regulations prescribed by the Director, to BORROW and give security therefor and to PAY INTEREST thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve.\n\nPer 12 USC 1433 The notes, debentures, and bonds issued by any bank, with unearned coupons attached, shall be accepted at par by such bank in payment of or as a credit against the obligation of any home-owner debtor of such bank.\n\nThe bank furnishes a statement of account every month. Which bears the bearers principal account number, principal account name and principal account address. This statement is of interest earned and owed to principle. However, instead of the bank crediting the account for the value of the certificate of indebtedness. The bank uses this form to deceive the customer by asking the customer to pay. When in fact the top portion of the statement is a bond the bottom part of the statement is what referred to as an interest dividend coupon. Which is a check for payment of the interest dividends earned in the four-week cycle that are owed to me. These dividend interest payments are to be deposited into the principals account for payment or to be utilized as credit.\n\n15 U.S. Code 1692j - Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.\n\n12 CFR 1026.21 Treatment of credit balances When a credit balance in excess of {$1.00} is created in connection with a transaction ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of a consumer ), the creditor shall : ( a ) Credit the amount of the credit balance to the consumer 's account ; ( b ) Refund any part of the remaining credit balance, upon the written request of the consumer; and ( c ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than 6 months, except that no further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number.\n\nThe amount due on this consumer accounts is in fact in excess of {$1.00} in a positive balance and is constituted as money owed to me. Experian is in direct violation of this FCRA rule for maliciously reporting these credits as a negative balance and deceiving me and furthering injuring me.\n\n15 USC 1692j ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans.\n\n( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or service which are the subject of the transactions are primarily for personal, family, or household purposes.\n\nA consumer and creditor can only be a natural person not an entity or a corporation.\n\n18 USC 894- Collection of extension of credit by extortionate means- Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means, 1. To collect or attempt to collect any extension of credit 2. To punish any person for non repayment thereof, Shall be fined under this title or imprisoned not more than 20 years.\n\nExtortion- extortion refers to imposing an action or obtaining something by force or coercion. The crime of extortion does exclude legitimate negotiation methods. One example could be a party negotiating a deal with a contractor ; neither party could make a threat towards one another in exchange for something in the contract. A legitimate negotiation tactic might include the idea of puffing '' ( which is making something look reasonably better than it might otherwise be ) Under the color of office, a public or private authority may abuse their authority to commit extortion.\n\nCalifornia describes extortion under Section 518 of its penal code as to : Threaten or use force against someone or claim official right to make someone do something when one does not have the right to do it ( making the victim act \" under color of official right '' ; Intend to make the victim give you something valuable or perform an official act for you ; Make the victim consent to giving you something valuable or performing an official act ; AND Actually, make the victim give you something valuable or perform an official act.\n\nPer 15 USC 1591 ( e ) ( 2 ) The term \" coercion '' means ( A ) threat of serious harm to or physical restraint against any person ; ( B ) Any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint again any person ; or the abuse of threatened abuse of law or the legal process.\n\nPer 18 usc 880 A person who receives, possesses, conceals, or disposes of any money or other property which was obtained from the commission of any offense under this chapter that is punishable by imprisonment for more than 1 year, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 3 years, fined under this title, or both.","date_sent_to_company":"2023-10-29T02:05:59.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"7770096","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-10-29T00:00:34.000Z","state":"CA","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":["<em>Which</em> made the application a collateral <em>security</em>. The Federal Reserve then took my collateral <em>security</em> and sent it to the bank in one of the following <em>forms</em> : notes, drafts, bills of exchange. In no event shall such collateral <em>security</em> be less than the amount of Federal Reserve notes applied for."]},"sort":[15.32183,"7770096"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":308,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":308}]}},"product":{"doc_count":308,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":97,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":94},{"key":"Other personal consumer report","doc_count":3}]}},{"key":"Debt collection","doc_count":63,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card debt","doc_count":25},{"key":"Auto debt","doc_count":15},{"key":"Mortgage debt","doc_count":7},{"key":"I do not 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