{"took":172,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":66,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"7978478","_score":29.211788,"_source":{"product":"Debt collection","complaint_what_happened":"Achieve loan and XXXX XXXX XXXX misrepresented themselves and withheld critical information from me when this contract was extended. Achieve loan be the seller of the contract and XXXX XXXXXXXX XXXX acting as the lender. Achieve did not disclose the contract itself is the collateral that secures payment. Not only did Achieve make money from this transaction but XXXX XXXX XXXX as well being the depository bank. Seeing how this is my security I should legally and lawfully be receiving my share of the investment for my benefit. It is known under federal law that banks are BARRED from loaning money therefore XXXX XXXXXXXX XXXX can not lend anything of value. Neither Achieve Personal Loans or XXXX XXXXXXXX XXXX take into consideration the harm and damages this deception would cost me. \n( 9 ) \" 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\n( 14 ) \" Securities intermediary '' means : ( i ) a clearing corporation ; or ( ii ) a person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity.\n\n( 15 ) \" Security, '' 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( 16 ) \" Security certificate '' means a certificate representing a security.\n\n( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5.","date_sent_to_company":"2023-12-10T21:40:23.000Z","issue":"False statements or representation","sub_product":"Other debt","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"7978478","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FREEDOM FINANCIAL NETWORK","date_received":"2023-12-10T21:19:03.000Z","state":"CA","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["( 9 ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a <em>security</em> ; ( ii ) an <em>obligation</em> of a <em>person</em> or a <em>share</em>, <em>participation</em>, or other interest in a <em>person</em> or in property or an enterprise of a <em>person</em>, 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 <em>securities</em> intermediary for another <em>person</em> in a <em>securities</em>"]},"sort":[29.211788,"7978478"]},{"_index":"complaint-public-v1","_id":"8488226","_score":26.154694,"_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 ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a <em>security</em> ; ( ii ) an <em>obligation</em> of a <em>person</em> or a <em>share</em>, <em>participation</em>, or other interest in a <em>person</em> or in property or an enterprise of a <em>person</em>, 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 <em>securities</em> intermediary for another <em>person</em> in a <em>securities</em>"]},"sort":[26.154694,"8488226"]},{"_index":"complaint-public-v1","_id":"7978506","_score":25.554659,"_source":{"product":"Debt collection","complaint_what_happened":"Denefits LLC is alleging I owe a debt not owed. Denefits LLC failed to disclose my application and contract are the collateral that is backing this credit sale. Not only is Denefits LLC benefiting from my financial asset the profits I am entitled to have been withheld from me. This is my financial asset that is making profits for the shareholders and the secondary market therefore my return on the said investment should rightfully be mine. It has my name on it. Denefits LLC never disclosed any of this to me even with the Truth in Lending passage on the contract they failed to uphold what is stated. With clean hands and good faith I went into business with Denefits LLC under false pretenses. \n\n\n\n( 7 ) \" 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( 8 ) \" 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( 9 ) \" 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\n( 10 ) [ reserved ] ( 11 ) \" Indorsement '' means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it.\n\n( 12 ) \" Instruction '' means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed.\n\n( 13 ) \" Registered form, '' as applied to a certificated security, means a form in which : ( i ) the security certificate specifies a person entitled to the security; and ( ii ) a transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states.\n\n( 14 ) \" Securities intermediary '' means : ( i ) a clearing corporation ; or ( ii ) a person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity.\n\n( 15 ) \" Security, '' 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( 16 ) \" Security certificate '' means a certificate representing a security.\n\n( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5.","date_sent_to_company":"2023-12-10T21:58:59.000Z","issue":"False statements or representation","sub_product":"Other debt","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"7978506","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Denefits LLC","date_received":"2023-12-10T21:43:26.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["( 9 ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a <em>security</em> ; ( ii ) an <em>obligation</em> of a <em>person</em> or a <em>share</em>, <em>participation</em>, or other interest in a <em>person</em> or in property or an enterprise of a <em>person</em>, 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 <em>securities</em> intermediary for another <em>person</em> in a <em>securities</em>"]},"sort":[25.554659,"7978506"]},{"_index":"complaint-public-v1","_id":"7978339","_score":23.754198,"_source":{"product":"Debt collection","complaint_what_happened":"Carmax is alleging I owe a debt and stealing property from my trust. My contract is the security that funded this credit sale. CarMax Auto XXXX XXXX is the seller and depsoitory company that has illegal used my financial asset. Carmax is the servicer of the loan which servicers have no rights. Servicers only hold loans. Carmax has kept the interest, proceeds, and insurance from the sell of my security. As the executor of my estate I am entitled to compensation from Carmax. Futhermore I can not be indebted to Carmax while you're making profits from my security. A simple contract does not guarantee interest per federal law. Therefore Carmax has no interest or power to for performance nor keep all the profits from financial asset. That is securities fraud. \n( 7 ) \" 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\n( 10 ) [ reserved ] ( 11 ) \" Indorsement '' means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it. \n\n( 12 ) \" Instruction '' means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed.\n\n( 13 ) \" Registered form, '' as applied to a certificated security, means a form in which : ( i ) the security certificate specifies a person entitled to the security; and ( ii ) a transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states. \n\n( 14 ) \" Securities intermediary '' means : ( i ) a clearing corporation ; or ( ii ) a person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. \n\n( 15 ) \" Security, '' 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( 16 ) \" Security certificate '' means a certificate representing a security.\n\n( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5.\n\n( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use.\n\n( c ) Creditor. A person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis ; Provided, such person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer.\n\n( d ) Purchase money loan. A cash advance which is received by a consumer 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 a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement.\n\n( e ) Financing a sale. Extending credit to a consumer in connection with a Credit Sale within the meaning of the Truth in Lending Act and Regulation Z.\n\n( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof.","date_sent_to_company":"2023-12-10T23:32:59.000Z","issue":"False statements or representation","sub_product":"Auto debt","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7978339","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CarMax, Inc.","date_received":"2023-12-10T22:46:44.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["( XXXX ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a <em>security</em> ; ( ii ) an <em>obligation</em> of a <em>person</em> or a <em>share</em>, <em>participation</em>, or other interest in a <em>person</em> or in property or an enterprise of a <em>person</em>, 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 <em>securities</em> intermediary for another <em>person</em> in a <em>securities</em>"]},"sort":[23.754198,"7978339"]},{"_index":"complaint-public-v1","_id":"8171615","_score":21.297438,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, Experian, and XXXX continue to inaccurately report the account listed as XXXX XXXX XXXX. There is a balance showing as due when in fact the account should be listed as paid as agreed. The loan has been paid in full furthermore any finance charge is a purchase money loan which is a cash advance in lieu of the finance charge. Therefore I funded this loan and can not be indebted. The only reason the credit bureaus are inaccurately reporting the account is due to double dipping by being paid by XXXX XXXX XXXX while selling my personal information which puts my information at risk of being exposed due to data breaches. \n( d ) Purchase money loan. A cash advance which is received by a consumer 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 a purchase of goods or services from a seller who ( XXXX ) refers consumers to the creditor or ( XXXX ) is affiliated with the creditor by common control, contract, or business arrangement. \n\n( XXXX ) Financing a sale. Extending credit to a consumer in connection with a Credit Sale within the meaning of the Truth in Lending Act and Regulation Z. \n\n( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof. \n\n( g ) Business arrangement. Any understanding, procedure, course of dealing, or arrangement, formal or informal, between a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof. \n\n( h ) Credit card issuer. A person who extends to cardholders the right to use a credit card in connection with purchases of goods or services. \n\n( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section. \n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \n( XXXX ) \" Security, '' 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 5.","date_sent_to_company":"2024-01-17T07:42:15.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"8171615","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-01-17T07:42:12.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["of shares, <em>participations</em>, interests, or <em>obligations</em>; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on <em>securities</em> exchanges or <em>securities</em> markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a <em>security</em> governed by this Article"]},"sort":[21.297438,"8171615"]},{"_index":"complaint-public-v1","_id":"8171616","_score":21.281765,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and Equifax continue to inaccurately report the account listed as XXXX XXXX XXXX. There is a balance showing as due when in fact the account should be listed as paid as agreed. The loan has been paid in full furthermore any finance charge is a purchase money loan which is a cash advance in lieu of the finance charge. Therefore I funded this loan and can not be indebted. The only reason the credit bureaus are inaccurately reporting the account is due to double dipping by being paid by XXXX XXXX XXXX while selling my personal information which puts my information at risk of being exposed due to data breaches. \n( d ) Purchase money loan. A cash advance which is received by a consumer 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 a purchase of goods or services from a seller who ( XXXX ) refers consumers to the creditor or ( XXXX ) is affiliated with the creditor by common control, contract, or business arrangement. \n\n( XXXX ) Financing a sale. Extending credit to a consumer in connection with a Credit Sale within the meaning of the Truth in Lending Act and Regulation Z. \n\n( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof. \n\n( g ) Business arrangement. Any understanding, procedure, course of dealing, or arrangement, formal or informal, between a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof. \n\n( h ) Credit card issuer. A person who extends to cardholders the right to use a credit card in connection with purchases of goods or services. \n\n( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed sale as defined in paragraphs ( d ) and ( XXXX ) of this section. \n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \n( XXXX ) \" Security, '' 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 5.","date_sent_to_company":"2024-01-17T07:42:15.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"8171616","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-01-17T07:42:12.000Z","state":"CA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["of shares, <em>participations</em>, interests, or <em>obligations</em>; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on <em>securities</em> exchanges or <em>securities</em> markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a <em>security</em> governed by this Article"]},"sort":[21.281765,"8171616"]},{"_index":"complaint-public-v1","_id":"8171838","_score":21.273233,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Transunion, XXXX, and XXXX continue to inaccurately report the account listed as XXXX XXXX XXXX There is a balance showing as due when in fact the account should be listed as paid as agreed. The loan has been paid in full furthermore any finance charge is a purchase money loan which is a cash advance in lieu of the finance charge. Therefore I funded this loan and can not be indebted. The only reason the credit bureaus are inaccurately reporting the account is due to double dipping by being paid by XXXX XXXX XXXX while selling my personal information which puts my information at risk of being exposed due to data breaches. \n( d ) Purchase money loan. A cash advance which is received by a consumer 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 a purchase of goods or services from a seller who ( XXXX ) refers consumers to the creditor or ( XXXX ) is affiliated with the creditor by common control, contract, or business arrangement. \n\n( XXXX ) Financing a sale. Extending credit to a consumer in connection with a Credit Sale within the meaning of the Truth in Lending Act and Regulation Z. \n\n( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof. \n\n( g ) Business arrangement. Any understanding, procedure, course of dealing, or arrangement, formal or informal, between a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof. \n\n( h ) Credit card issuer. A person who extends to cardholders the right to use a credit card in connection with purchases of goods or services. \n\n( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed sale as defined in paragraphs ( d ) and ( XXXX ) of this section. \n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \n( XXXX ) \" Security, '' 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 5.","date_sent_to_company":"2024-01-17T07:42:08.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"8171838","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-01-17T07:19:21.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["of shares, <em>participations</em>, interests, or <em>obligations</em>; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on <em>securities</em> exchanges or <em>securities</em> markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a <em>security</em> governed by this Article"]},"sort":[21.273233,"8171838"]},{"_index":"complaint-public-v1","_id":"8959233","_score":21.081423,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX XXXX contacted Transunion, XXXX, to make aware that the negative mark on my credit report is not accurate and that it shouldn't be on my report. Without accurate confirmation in document form with names date 's and signatures, actions, being taken on agreement with certified approval. No contract from LENDER ( XXXX XXXXXXXX XXXX ) Already approved, and deleted from my credit report as not my account, XXXX XXXX XXXX agency now a negative mark on my credit report is not to be reporting on XXXX XXXX 's behalf pursuing that that was already proved not mine attempting to collections from XXXX XXXX XXXX XXXX speaking to me on the phone, refusing to supply me with adequate ample documentation of proof stating ( XXXX XXXXXXXX ) was authorized to take action without proper documentation therefore meaning that this is not mine. XXXX credit collection refuse to supply documentation, supporting the account was mine, and continued to report to the credit reporting agency 's all XXXX making all XXXX of my credit reports inaccurate fraudulent. How they obtained the permission to sell transfer write off closed is a breach of contract which has already been established and deleted from prior disputes therefore they are attacking me depriving me of my credit depriving me of my liberties most importantly depriving me in my financial abilities deeming me helpless not having any credit and suffering emotional, Financial struggles for far too long even though I attempted to explain to the TransUnion credit reporting agency and dispute this on fotheir online portal I also called after finding out that the dispute I made that they're finding of the dispute investigation resulted in me being the owner of the account that being said I also requested the proof of to why they say that I am the owner of that account and was denied knowing my rights I explained to the customer service agent of TransUnion reporting agency the laws the statutes and this codes as well as the subsections regardless of what I said the representative continue to argue with me and to explain to me that when somebody reports to them than they put it on the report. That being said I explained to them so that anyone could just call if they own a business and say someone's name and say that they are in default that they will just put it as a negative and XXXX points off of that person 's report without ample proof or documentation he continue to argue with me and explain to me that they're just a reporting agency I said well as a reporting agency by thier policies and procedures. upon the investigations if requested by the consumer all and any thing that's reported on the consumers report the consumer has the right to request that by phone or by mail without documentation required, he continued to argue with me and not help me in any way only arguing to say that is this mine have I ever done business with them literally interrogating me as if he was the police or a detective saying they prove that it's my account is mine and will not do anything but to dispute it again. \nI've been dealing with these credit issues for over overextended amount of time knowing my rights knowing that they have to follow codes and procedures as well as I do that they are supposed to take ample and adequate reaction to resolve the issue due to the fact of the credit being involved and my well-being being harmed to damages to my vessel and my financial is totally collapsed going on an XXXX period the harming of overall life has been the most difficult thing someone can go through Communications in Connection with Debt Collection Definition of Consume12 U.S.C. 1813 ( q ) .12 CFR 32.2 32.5. \n\nTo whom which is in Default : XXXX XXXX in the case of default due process was not established nor did any provision of any principal or interest has not been approved by protection providers. All Parties in New contract also was not approved ederal banking agency determines that a renewal or restructuring was undertaken ( f ) if the derivativecontractrequires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under thecontractprovide that any required consent to transfer may not be unreasonably withheld ; and ( g ) if thecredit derivativeis a credit default swap, the derivative contract : ( i ) identifies the parties responsible for determining whether a credit event has occurred ; ( ii ) specifies that the determination is not the sole responsibility of the protection provider ; and ( iii ) gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event. \n\n( 8 ) '' Eligible guarantee '' means a guarantee that : ( a ) is written and unconditional ; ( b ) covers all or a pro rata portion of all contractual payments of the obligor on the reference exposure ; ( c ) gives the beneficiary a direct claim against the protection provider ; ( d ) is not unilaterally cancelable by the protection provider for reasons other than the beneficiary 's breach ofcontract ; ( e ) is legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection ; ( j ) a foreign banking organization ; ( k ) a non-U.S.-based securities firm or a non-U.S.-based insurance company that is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies ; and ( l ) aqualifying central counterparty. \n\n( 10 ) '' Eligible statebank '' means abankorganized under Montana laws that : ( a ) is well-capitalized as defined in the prompt corrective action rules applicable to thebank ; and ( b ) has a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System in connection with thebank 's most recent examination or subsequent review.\n\n( 11 ) '' Loans, '' \" extensions of credit, '' or \" obligations '' have the meaning in32-1-432, MCA , and any credit exposure determined under ARM2.59.129arising from aderivative transactionor a securities financing transaction.\n\n( a ) The terms include : ( i ) acontractual commitment to advance funds ; ( ii ) a maker or endorser 's obligation arising from abank 's discount of commercial paper ; ( iii ) abank 's purchase of third-party paper subject to an agreement that the seller will repurchase the paper upon default or at the end of a stated period. The amount of thebank 's loan is the total unpaid balance of the paper owned by thebankless any applicable dealer reserves retained by thebankand held by thebankas collateral security. Where the seller 's obligation to repurchase is limited, thebank 's loan is measured by the total amount of the paper the seller may ultimately be obligated to repurchase. Abank 's purchase of third-party paper without direct or indirect recourse to the seller is not a loan or extension of credit to the seller ; ( iv ) an overdraft, whether or not prearranged, but not an intraday overdraft for which payment is received before the close of business of thebankthat makes the funds available ; ( v ) the sale of federal funds with a maturity of more than one business day, but not federal funds with a maturity of one day or less or federal funds sold under a continuingcontract ; ( vi ) loansor extensions of credit that have been charged off on the books of thebankin whole or in part unless the loan or extension of credit is : ( A ) unenforceable by reason of discharge in bankruptcy ; ( B ) no longer legally enforceable because of expiration of the statute of limitations or a judicial decision ; or ( C ) no longer legally enforceable for other reasons provided that thebankmaintains sufficient records to demonstrate that the loan is unenforceable ; and The terms and conditions dictating the manner in which the derivative contract is to be settled are incorporated into the contract ; ( 5 ) If the derivative contract allows for cash settlement, the contract incorporates a robust valuation process to estimate loss with respect to the derivative reliably and specifies a reasonable period for obtaining post-credit event valuations of the reference exposure ; ( 6 ) If the derivative contract requires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under the contract provides that any required consent to transfer may not be unreasonably withheld ; and ( 7 ) If the credit derivative is a credit default swap, the derivative contract clearly identifies the parties responsible for determining whether a credit event has occurred, specifies that this determination is not the sole responsibility of the protection provider, and gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by XXXX a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate f as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, partqcipants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; s legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection on the guarantee in response to deterioration in the credit quality of the reference exposure ; and ( h ) is not provided by an affiliate of thebank, unless the affiliate is an insured depository institution, bank, securities broker or dealer, or insurance company that : ( i ) does not control thebank; and ( ii ) is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies as applicable Again you didn't have authority to control the selling closing of our agreement didn't create any contract and withheld information for reasonable consumer not aware of any disputes or pro- rata. No legal action was given to you in any court of Law, strong arming my credit report when not allowed. Please remove all inquiries from my credit report and not in compliance with applicable consumer credit information for the Government of United States protection providers in writing off the agreement with BORROWER.\n\nI my sue as Above Law 's state. Hopefully the State and Federal regulations will make decisions on how much responsibility is being made by LENDER must notify debtor. \nRemove your company from my credit report thank you. \n\nXXXX XXXX","date_sent_to_company":"2024-05-08T16:39:44.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"87301","tags":null,"has_narrative":true,"complaint_id":"8959233","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-05-08T15:46:12.000Z","state":"NM","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Problem with personal statement of dispute"},"highlight":{"complaint_what_happened":["( 11 ) '' Loans, '' \" extensions of credit, '' or \" <em>obligations</em> '' have the meaning in32-1-432, MCA , and any credit exposure determined under ARM2.59.129arising from aderivative transactionor a <em>securities</em> financing transaction."]},"sort":[21.081423,"8959233"]},{"_index":"complaint-public-v1","_id":"8958818","_score":21.075397,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX XXXX contacted XXXX, Experian, to make aware that the negative mark on my credit report is not accurate and that it shouldn't be on my report. Without accurate confirmation in document form with names date 's and signatures, actions, being taken on agreement with certified approval. No contract from LENDER ( XXXX XXXX XXXX. ) Already approved, and deleted from my credit report as not my account, XXXX XXXX XXXX XXXX now a negative mark on my credit report is not to be reporting on XXXX XXXX 's behalf pursuing that that was already proved not mine attempting to collections from XXXX XXXX XXXX XXXX speaking to me on the phone, refusing to supply me with adequate ample documentation of proof stating ( XXXX  XXXX ) was authorized to take action without proper documentation therefore meaning that this is not mine. XXXX XXXX XXXX refuse to supply documentation, supporting the account was mine, and continued to report to the credit reporting agency 's all three, making all three of my credit reports inaccurate fraudulent. How they obtained the permission to sell transfer write off closed is a breach of contract which has already been established and deleted from prior disputes therefore they are attacking me depriving me of my credit depriving me of my liberties most importantly depriving me in my financial abilities deeming me helpless not having any credit and suffering emotional, Financial struggles for far too long even though I attempted to explain to the XXXX credit reporting agency and dispute this on fotheir online portal I also called after finding out that the dispute I made that they're finding of the dispute investigation resulted in me being the owner of the account that being said I also requested the proof of to why they say that I am the owner of that account and was denied knowing my rights I explained to the customer service agent of XXXX reporting agency the laws the statutes and this codes as well as the subsections regardless of what I said the representative continue to argue with me and to explain to me that when somebody reports to them than they put it on the report. That being said I explained to them so that anyone could just call if they own a business and say someone's name and say that they are in default that they will just put it as a negative and Mark points off of that person 's report without ample proof or documentation he continue to argue with me and explain to me that they're just a reporting agency I said well as a reporting agency by thier policies and procedures. upon the investigations if requested by the consumer all and any thing that's reported on the consumers report the consumer has the right to request that by phone or by mail without documentation required, he continued to argue with me and not help me in any way only arguing to say that is this mine have I ever done business with them literally interrogating me as if he was the police or a detective saying they prove that it's my account is mine and will not do anything but to dispute it again. \nI've been dealing with these credit issues for over overextended amount of time knowing my rights knowing that they have to follow codes and procedures as well as I do that they are supposed to take ample and adequate reaction to resolve the issue due to the fact of the credit being involved and my well-being being harmed to damages to my vessel and my financial is totally collapsed going on an 11-month period the harming of overall life has been the most difficult thing someone can go through Communications in Connection with Debt Collection Definition of Consume12 U.S.C. 1813 ( q ) .12 CFR 32.2 32.5. \n\nTo whom which is in Default : XXXX XXXX in the case of default due process was not established nor did any provision of any principal or interest has not been approved by protection providers. All Parties in New contract also was not approved ederal banking agency determines that a renewal or restructuring was undertaken ( f ) if the derivativecontractrequires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under thecontractprovide that any required consent to transfer may not be unreasonably withheld ; and ( g ) if thecredit derivativeis a credit default swap, the derivative contract : ( i ) identifies the parties responsible for determining whether a credit event has occurred ; ( ii ) specifies that the determination is not the sole responsibility of the protection provider ; and ( iii ) gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event. \n\n( 8 ) '' Eligible guarantee '' means a guarantee that : ( a ) is written and unconditional ; ( b ) covers all or a pro rata portion of all contractual payments of the obligor on the reference exposure ; ( c ) gives the beneficiary a direct claim against the protection provider ; ( d ) is not unilaterally cancelable by the protection provider for reasons other than the beneficiary 's breach ofcontract ; ( e ) is legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection ; ( j ) a foreign banking organization ; ( k ) a non-U.S.-based securities firm or a non-U.S.-based insurance company that is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies ; and ( l ) aqualifying central counterparty. \n\n( 10 ) '' Eligible statebank '' means abankorganized under Montana laws that : ( a ) is well-capitalized as defined in the prompt corrective action rules applicable to thebank ; and ( b ) has a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System in connection with thebank 's most recent examination or subsequent review.\n\n( 11 ) '' Loans, '' \" extensions of credit, '' or \" obligations '' have the meaning in32-1-432, MCA , and any credit exposure determined under ARM2.59.129arising from aderivative transactionor a securities financing transaction.\n\n( a ) The terms include : ( i ) acontractual commitment to advance funds ; ( ii ) a maker or endorser 's obligation arising from abank 's discount of commercial paper ; ( iii ) abank 's purchase of third-party paper subject to an agreement that the seller will repurchase the paper upon default or at the end of a stated period. The amount of thebank 's loan is the total unpaid balance of the paper owned by thebankless any applicable dealer reserves retained by thebankand held by thebankas collateral security. Where the seller 's obligation to repurchase is limited, thebank 's loan is measured by the total amount of the paper the seller may ultimately be obligated to repurchase. Abank 's purchase of third-party paper without direct or indirect recourse to the seller is not a loan or extension of credit to the seller ; ( iv ) an overdraft, whether or not prearranged, but not an intraday overdraft for which payment is received before the close of business of thebankthat makes the funds available ; ( v ) the sale of federal funds with a maturity of more than one business day, but not federal funds with a maturity of one day or less or federal funds sold under a continuingcontract ; ( vi ) loansor extensions of credit that have been charged off on the books of thebankin whole or in part unless the loan or extension of credit is : ( A ) unenforceable by reason of discharge in bankruptcy ; ( B ) no longer legally enforceable because of expiration of the statute of limitations or a judicial decision ; or ( C ) no longer legally enforceable for other reasons provided that thebankmaintains sufficient records to demonstrate that the loan is unenforceable ; and The terms and conditions dictating the manner in which the derivative contract is to be settled are incorporated into the contract ; ( 5 ) If the derivative contract allows for cash settlement, the contract incorporates a robust valuation process to estimate loss with respect to the derivative reliably and specifies a reasonable period for obtaining post-credit event valuations of the reference exposure ; ( 6 ) If the derivative contract requires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under the contract provides that any required consent to transfer may not be unreasonably withheld ; and ( 7 ) If the credit derivative is a credit default swap, the derivative contract clearly identifies the parties responsible for determining whether a credit event has occurred, specifies that this determination is not the sole responsibility of the protection provider, and gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate f as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, partqcipants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; s legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection on the guarantee in response to deterioration in the credit quality of the reference exposure ; and ( h ) is not provided by an affiliate of thebank, unless the affiliate is an insured depository institution, bank, securities broker or dealer, or insurance company that : ( i ) does not control thebank; and ( ii ) is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies as applicable Again you didn't have authority to control the selling closing of our agreement didn't create any contract and withheld information for reasonable consumer not aware of any disputes or pro- rata. No legal action was given to you in any court of Law, strong arming my credit report when not allowed. Please remove all inquiries from my credit report and not in compliance with applicable consumer credit information for the Government of United States protection providers in writing off the agreement with BORROWER.\n\nI my sue as Above Law 's state. Hopefully the State and Federal regulations will make decisions on how much responsibility is being made by LENDER must notify debtor.\n\nRemove your company from my credit report thank you. \n\nXXXX XXXX","date_sent_to_company":"2024-05-08T16:39:54.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"87301","tags":null,"has_narrative":true,"complaint_id":"8958818","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-05-08T16:39:52.000Z","state":"NM","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Problem with personal statement of dispute"},"highlight":{"complaint_what_happened":["( 11 ) '' Loans, '' \" extensions of credit, '' or \" <em>obligations</em> '' have the meaning in32-1-432, MCA , and any credit exposure determined under ARM2.59.129arising from aderivative transactionor a <em>securities</em> financing transaction."]},"sort":[21.075397,"8958818"]},{"_index":"complaint-public-v1","_id":"7987794","_score":20.898056,"_source":{"product":"Checking or savings account","complaint_what_happened":"I gave value to Huntington Bank in which in return a savings account was opened alongside a checking account. The application is the security that ensure the account. Huntington Bank is still actively using the security for profits. I also deposited my FRN 's into Huntington Bank which is an investment and the interest from those deposits are still earning Huntington Bank profits. Although Hunting Bank closed the account they made no attempt to return the gain from my financial asset. \n1-204. Value.\n\nPrimary tabs Except as otherwise provided in Articles 3, 4, [ and ] 5, [ and 6 ], a person gives value for rights if the person acquires them : ( 1 ) in return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection ; ( 2 ) as security for, or in total or partial satisfaction of, a preexisting claim ; ( 3 ) by accepting delivery under a preexisting contract for purchase ; or ( 4 ) in return for any consideration sufficient to support a simple contract.\n\n3-303. VALUE AND CONSIDERATION.\n\nPrimary tabs ( a ) An instrument is issued or transferred for value if : ( 1 ) the instrument is issued or transferred for a promise of performance, to the extent the promise has been performed ; ( 2 ) the transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding ; ( 3 ) the instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due ; ( 4 ) the instrument is issued or transferred in exchange for a negotiable instrument; or ( 5 ) the instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.\n\n( b ) \" Consideration '' means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection ( a ), the instrument is also issued for consideration.\n\n( 9 ) \" 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\n( 10 ) [ reserved ]","date_sent_to_company":"2023-12-13T04:00:06.000Z","issue":"Closing an account","sub_product":"Savings account","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"7987794","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"HUNTINGTON NATIONAL BANK, THE","date_received":"2023-12-13T03:45:43.000Z","state":"MI","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["( 9 ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a <em>security</em> ; ( ii ) an <em>obligation</em> of a <em>person</em> or a <em>share</em>, <em>participation</em>, or other interest in a <em>person</em> or in property or an enterprise of a <em>person</em>, 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 <em>securities</em> intermediary for another <em>person</em> in a <em>securities</em>"]},"sort":[20.898056,"7987794"]},{"_index":"complaint-public-v1","_id":"7585884","_score":17.731487,"_source":{"product":"Debt collection","complaint_what_happened":"The creditor and collection agent as fiduciaries breached good faith and fair dealings with agreements crafted by a corporation 's unlawful practice of law with the intent of unlawfully converting the subrogee 's chose-in-action and wilfully and knowingly deprived equitable interest, rights and ownership of the chose-in-acton when requested. The creditor/subrogor and collection agent turned a blind eye to the previous notices of subrogation and equitable interest with the most recent being XXXX. In the process Adverse action was taken by the creditor for attempting to assert my rights, the account was closed when rights to interest and redemption were communicated. One who seeks equity must do equity. Equity will not suffer a wrong without a remedy. Equity follows the law. Principal and Agent are vicariously liable for the other.\n\nIn this era when credit has become one of the instrumentalities of business to which men pay homage, intangible property rights must be considered when conversion is discussed. Stocks, bonds, evidences of debt, debentures, insurance policies, contracts and other choses-in-action play a prominent role in present-day credit economy. Conversion has been defined as a \" wrongful interference over personal property, inconsistent with or in denial of the dominion of the person entitled to possession thereof. It is \" any dealing with the property of another which excludes the owner 's dominion. '' The gist of conversion is the unauthorized assumption of the powers of the true owner. '' A \" chose in action '' is a personal right not reduced to possession. For example, shares of stock, and debts represented by negotiable instruments and savings bankbooks are all choses in action. They are personal property rights, not reducible to immediate tangible possession, not capable of physical delivery ; but recoverable only in an action at equity or law. \n\nTrover action will lie for the wrongful conversion of ... bonds, or other securities for the payment of money. This is true with regard to both negotiable and non-negotiable bonds. Even where bonds have been stolen, and a forged indorsement used to obtain new bonds from the corporation, the owner was allowed to recover the bonds from an innocent third party into whose hands the bonds had come. A bond being evidenced by a tangible writing, the courts have no trouble in finding the necessary dominion to allow an action for conversion. '' The underlying debt is immediately converted on the wrongful taking of a negotiable bond, and may be generally assumed to be converted in the case of a non-negotiable bond.\n\nTrover is a legal action that a property owner can take to recover the value of personal property that was wrongfully taken. The plaintiff must show that they had title or possession of the property at the time the action was filed. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Trover is different from other remedies for wrongful taking because the plaintiff only recovers the value of the property, not the property itself. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Today, the tort of conversion has subsumed both trover and detinue, and a plaintiff can request legal relief ( money damages ) or equitable relief ( return of property ). See, e.g. Burgess v. Small, 117 A.2d 344 ( Me. 1955 ) It has been well settled beyond controversy under the power to borrow money on the credit of the United States, and to issue circulating notes for the money borrowed; when Congress borrowed We The Peoples private credit, it created a sovereign redemption and subrogation right in We The People and a breach of trust by the subrogors and mortgagees when they clog the We The Peoples right to redeem their collateral borrowed and the securities created on account by indorsement and interfere in commerce. It is against equity for freemen not to have the free disposal of their own property and financial assets. \n\nNOTICE. I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term security means any note, stock, treasury stock, security future, security-based swap, bond, debenture, certificate of interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or in general, any instrument commonly known as a security ; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase, any of the foregoing ; but shall not include currency or any note, draft, bill of exchange, or bankers acceptance which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited. The promise to pay or promissory note with a maturity longer than nine ( 9 ) months created in this transaction is a security ; NOTICE. DEBT INSTRUMENT. In general Except as provided in subparagraph ( B ), the term debt instrument means a bond, debenture, note, or certificate or other evidence of indebtedness. Title 26 USC 1275 ( a ) ( 1 ) NOTICE. BOND. The term bond includes any obligation. Title 26 USC 150 ( a ) ( 1 ) ; NOTICE. BENEFIT. This word is used in the same sense as gain ( q. v. ) and profits. ( q. v. ) 20 Toull. N. 199 ; NOTICE. BENEFICIARY. This term is frequently used as synonymous with the technical phrase cestui que trust. ( q. v. ) ; NOTICE. BENEFICIAL INTEREST. That right which a person has in a contract made with another, as if A makes a contract with B that he will pay C a certain sum of money, B has the legal interest in the contract, and C the beneficial interest. Hamm. on Part 6, 7, 25 2 Bulust. 70 ; NOTICE. I am aware, pursuant to 17 CFR 240. 13d-3. ( b ) Any person who, directly or indirectly, creates or uses a trust, proxy, power of attorney, pooling arrangement or any other contract, arrangement, or device with the purpose of effect of divesting such person of beneficial ownership of a security or preventing the vesting of such beneficial ownership as part of a plan or scheme to evade the reporting requirements of section 13 ( d ) or ( g ) of the Act shall be deemed for purposes of such sections to be the beneficial owner of such security ; essentially the right to subrogation to the securities has been deprived ; NOTICE. I am aware, pursuant to 17 CFR 240.8c-1 Hypothecation of customers ' securities ( a ) General provisions. No member of a national securities exchange, and no broker or dealer who transacts a business in securities through the medium of any such member shall, directly or indirectly, hypothecate or arrange for or permit the continued hypothecation of any securities carried for the account of any customer under certain circumstances ; NOTICE. Use of the Beneficiarys Private Credit for backed credits or choses in action by indoserment, creating securities as an accommodating party establishes a TRUST IN INVITUM raised by operation of law without the consent of the trustee. Such a Trust Arises where Goods have been stolen or Converted to the Use of the TAKER and sold, with respect to the PROCEEDS, whether such proceeds are in the form of money or other property purchased therewith, and equity will in such cases enforce a Trust In Invitum in the original taker or in his assignee with NOTICE. Likewise, where a TRUSTEE or OTHER FIDUCIARY has Misapplied Trust Funds a like Trust will be RAISED. Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) NOTICE. When it comes to accounts Article 9 of the Uniform Commercial Code has always applied to the sale of accounts. Revised Article 9 continues this rule in North Carolina 25-9-109 ( a ) ( 3 ). Former Article 9 defined accounts to include payment obligations arising out of only the sale of goods or the provision of services. Under the former law, this left many kinds of payment rights within the definition of general intangible. The sale of these types of payment rights often serves as a financing transaction, but former Article 9 did not apply to these transactions. Revised Article 9 broadens the definition of accounts to include : Payment obligations arising out of the sale, lease or license of all kinds of tangible and intangible personal property ( for example, account will include license fees payable for the use of software ), and Credit card receivables. \n\nThe sale of a payment intangible often functions as a financing transaction. Revised Article 9 brings certainty to these transactions by bringing the sale of a payment intangible into the scope of Article 9. However, to permit financial institutions that sell loan participations to avoid having a UCC-1 financing statement filed against them as debtors, Article 9 provides for the automatic perfection of a security interest created upon the sale of a payment intangible ( but not a security interest in a payment intangible given to secure an obligation ). G.S. 25-9-309 ( 3 ). \n\nNOTICE. EQUITY CONCERNS ITSELF WITH SUBSTANCE AND NOT FORM. Equitable Subrogation is forward-looking rooted in the equity maxim... equity regards done what ought to be done. Equitable subrogation is not founded upon contract, but is the creation of equity, and is enforced solely for accomplishing the end of substantial justice. It is the mode by which equity adopts to compel the ultimate payment of a debt by one who, in justice and good conscience, ought to pay. Equity delights in equality. Equity knows no time. Equity aids the vigilant, not those who slumber on their rights.","date_sent_to_company":"2023-09-21T22:14:28.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Credit card debt","zip_code":"28269","tags":null,"has_narrative":true,"complaint_id":"7585884","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Resurgent Capital Services L.P.","date_received":"2023-09-21T22:04:29.000Z","state":"NC","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term <em>security</em> means any note, stock, treasury stock, <em>security</em> future, <em>security</em>-based swap, bond, debenture, certificate of interest or <em>participation</em> in any profit-<em>sharing</em> agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable <em>share</em>, investment contract, voting-trust certificate, certificate of deposit for a <em>security</em>, any put, call, straddle"]},"sort":[17.731487,"7585884"]},{"_index":"complaint-public-v1","_id":"7583792","_score":16.403404,"_source":{"product":"Credit card","complaint_what_happened":"The creditor as fiduciary reached good faith and fair dealings with agreements crafted by a corporation 's unlawful practice of law with the intent of unlawfully converting the subrogee 's chose-in-action and wilfully and knowingly deprived equitable interest, rights and ownership of the chose-in-acton when requested. The creditor/subrogor and collection agent turned a blind eye to the previous notices of subrogation and equitable interest with the most recent being XXXX. In the process Adverse action was taken by the creditor for attempting to assert my rights, the account was closed when rights to interest and redemption were communicated. One who seeks equity must do equity. Equity will not suffer a wrong without a remedy. Equity follows the law. Principal and Agent are vicariously liable for the other.\n\nIn this era when credit has become one of the instrumentalities of business to which men pay homage, intangible property rights must be considered when conversion is discussed. Stocks, bonds, evidences of debt, debentures, insurance policies, contracts and other choses-in-action play a prominent role in present-day credit economy. Conversion has been defined as a \" wrongful interference over personal property, inconsistent with or in denial of the dominion of the person entitled to possession thereof. It is \" any dealing with the property of another which excludes the owner 's dominion. '' The gist of conversion is the unauthorized assumption of the powers of the true owner. '' A \" chose in action '' is a personal right not reduced to possession. For example, shares of stock, and debts represented by negotiable instruments and savings bankbooks are all choses in action. They are personal property rights, not reducible to immediate tangible possession, not capable of physical delivery ; but recoverable only in an action at equity or law. \n\nTrover action will lie for the wrongful conversion of ... bonds, or other securities for the payment of money. This is true with regard to both negotiable and non-negotiable bonds. Even where bonds have been stolen, and a forged indorsement used to obtain new bonds from the corporation, the owner was allowed to recover the bonds from an innocent third party into whose hands the bonds had come. A bond being evidenced by a tangible writing, the courts have no trouble in finding the necessary dominion to allow an action for conversion. '' The underlying debt is immediately converted on the wrongful taking of a negotiable bond, and may be generally assumed to be converted in the case of a non-negotiable bond.\n\nTrover is a legal action that a property owner can take to recover the value of personal property that was wrongfully taken. The plaintiff must show that they had title or possession of the property at the time the action was filed. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Trover is different from other remedies for wrongful taking because the plaintiff only recovers the value of the property, not the property itself. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Today, the tort of conversion has subsumed both trover and detinue, and a plaintiff can request legal relief ( money damages ) or equitable relief ( return of property ). See, e.g. Burgess v. Small, 117 A.2d 344 ( Me. XXXX ) It has been well settled beyond controversy under the power to borrow money on the credit of the United States, and to issue circulating notes for the money borrowed; when Congress borrowed We The Peoples private credit, it created a sovereign redemption and subrogation right in We The People and a breach of trust by the subrogors and mortgagees when they clog the We The Peoples right to redeem their collateral borrowed and the securities created on account by indorsement and interfere in commerce. It is against equity for freemen not to have the free disposal of their own property and financial assets.\n\nNOTICE. I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term security means any note, stock, treasury stock, security future, security-based swap, bond, debenture, certificate of interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or in general, any instrument commonly known as a security ; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase, any of the foregoing ; but shall not include currency or any note, draft, bill of exchange, or bankers acceptance which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited. The promise to pay or promissory note with a maturity longer than nine ( 9 ) months created in this transaction is a security ; NOTICE. DEBT INSTRUMENT. In general Except as provided in subparagraph ( B ), the term debt instrument means a bond, debenture, note, or certificate or other evidence of indebtedness. Title 26 USC 1275 ( a ) ( 1 ) NOTICE. BOND. The term bond includes any obligation. Title 26 USC 150 ( a ) ( 1 ) ; NOTICE. BENEFIT. This word is used in the same sense as gain ( q. v. ) and profits. ( q. v. ) 20 Toull. N. 199 ; NOTICE. BENEFICIARY. This term is frequently used as synonymous with the technical phrase cestui que trust. ( q. v. ) ; NOTICE. BENEFICIAL INTEREST. That right which a person has in a contract made with another, as if A makes a contract with B that he will pay C a certain sum of money, B has the legal interest in the contract, and C the beneficial interest. Hamm. on Part 6, 7, 25 2 Bulust. 70 ; NOTICE. I am aware, pursuant to 17 CFR 240. 13d-3. ( b ) Any person who, directly or indirectly, creates or uses a trust, proxy, power of attorney, pooling arrangement or any other contract, arrangement, or device with the purpose of effect of divesting such person of beneficial ownership of a security or preventing the vesting of such beneficial ownership as part of a plan or scheme to evade the reporting requirements of section 13 ( d ) or ( g ) of the Act shall be deemed for purposes of such sections to be the beneficial owner of such security ; essentially the right to subrogation to the securities has been deprived ; NOTICE. I am aware, pursuant to 17 CFR 240.8c-1 Hypothecation of customers ' securities ( a ) General provisions. No member of a national securities exchange, and no broker or dealer who transacts a business in securities through the medium of any such member shall, directly or indirectly, hypothecate or arrange for or permit the continued hypothecation of any securities carried for the account of any customer under certain circumstances ; NOTICE. I am aware, pursuant to Title 18 U.S. Code 1348 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 ) ) ; or ( 2 ) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of 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 ) ) ; shall be fined under this title, or imprisoned not more than 25 years, or both ; NOTICE. 18 U.S. Code 1956 - Laundering of monetary instruments ; NOTICE. Use of the Beneficiarys Private Credit for the extension of credit or choses-in-action by indorsement, creating securities as an accommodating party establishes an implied TRUST IN INVITUM raised by operation of law without the consent of the trustee. Such a Trust Arises where Goods have been stolen or Converted to the Use of the TAKER and sold, with respect to the PROCEEDS, whether such proceeds are in the form of money or other property purchased therewith, and equity will in such cases enforce a Trust In Invitum in the original taker or in his assignee with NOTICE. Likewise, where a TRUSTEE or OTHER FIDUCIARY has Misapplied Trust Funds a like Trust will be RAISED. Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) NOTICE. When it comes to accounts Article 9 of the Uniform Commercial Code has always applied to the sale of accounts. Revised Article 9 continues this rule in North Carolina 25-9-109 ( a ) ( 3 ). Former Article 9 defined accounts to include payment obligations arising out of only the sale of goods or the provision of services. Under the former law, this left many kinds of payment rights within the definition of general intangible. The sale of these types of payment rights often serves as a financing transaction, but former Article 9 did not apply to these transactions. Revised Article 9 broadens the definition of accounts to include : Payment obligations arising out of the sale, lease or license of all kinds of tangible and intangible personal property ( for example, account will include license fees payable for the use of software ), and Credit card receivables.\n\nThe sale of a payment intangible often functions as a financing transaction. Revised Article 9 brings certainty to these transactions by bringing the sale of a payment intangible into the scope of Article 9. However, to permit financial institutions that sell loan participations to avoid having a UCC-1 financing statement filed against them as debtors, Article 9 provides for the automatic perfection of a security interest created upon the sale of a payment intangible ( but not a security interest in a payment intangible given to secure an obligation ). G.S. 25-9-309 ( 3 ).\n\nNOTICE. EQUITY CONCERNS ITSELF WITH SUBSTANCE AND NOT FORM. Equitable Subrogation is forward-looking rooted in the equity maxim... equity regards done what ought to be done. Equitable subrogation is not founded upon contract, but is the creation of equity, and is enforced solely for accomplishing the end of substantial justice. It is the mode by which equity adopts to compel the ultimate payment of a debt by one who, in justice and good conscience, ought to pay. Equity delights in equality. Equity knows no time. Equity aids the vigilant, not those who slumber on their rights.\n\nI delcare under a penalty of perjury the statement is accurate and true to the best of my personal knowledge. \n\nXXXX XXXX, XXXX 28 U.S. Code 1746","date_sent_to_company":"2023-09-22T04:07:15.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"28269","tags":null,"has_narrative":true,"complaint_id":"7583792","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2023-09-22T03:49:56.000Z","state":"NC","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":["I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term <em>security</em> means any note, stock, treasury stock, <em>security</em> future, <em>security</em>-based swap, bond, debenture, certificate of interest or <em>participation</em> in any profit-<em>sharing</em> agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable <em>share</em>, investment contract, voting-trust certificate, certificate of deposit for a <em>security</em>, any put, call, straddle"]},"sort":[16.403404,"7583792"]},{"_index":"complaint-public-v1","_id":"10197935","_score":15.989133,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Flagship Credit Acceptance XXXX XXXX XXXX XXXX, as Borrower c/o Flagship Credit Acceptance LLC Flagship Credit Acceptance LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX PA XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX and XXXX FLAGSHIP CRD Account # XXXX Reviewing over my contract it states under the Arbitration Provision, \" Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. This vehicle was repossessed without proper arbitration which is a violation of your own contract. I will have to get a Credited Forensic Audit on this account if this matter is not rectified. \n\nI have attached correspondence that I have sent to Flagship and have not received what I requested, which was a 1099C. I also provided the Retail Installment Contract with other attachments provided by Flagship Credit. I have a security interest in this purchase money loan/retail installment contract and I have not received any proceeds. \n\n\nPage XXXX : Other Important Agreements Under Number XXXX : Your Other Promises To Us Security Interest : I resend the Security Interest Flagship Credit Acceptance LLC XXXX XXXX XXXX XXXX XXXX across all years & all periods of time. The agreement also states \" This secures payments of all you owe on this contract '', I am also Resending Dealership, Finance Company From The Beneficiary Of My Credit Life/Credit Disability as well. \n\nSo why am I being harassed for close to a decade? \n\nI will also like to furnished The Original Contract, Purchase Order, Bill Of Sale, Consumer Credit Contract, Accounting, GAAP Accounting, Information for everyone who is a holder of the Contract. \n\n16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. \n\nNOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \n\n\n16 CFR 433.1 - Definitions.\n\n( d ) Purchase money loan. A cash advance which is received by a consumer 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 a purchase of goods or services from a seller who ( XXXX ) refers consumers to the creditor or ( XXXX ) is affiliated with the creditor by common control, contract, or business arrangement. \n\nMy security interest is the payment on the account and the Indenture Trustee/ or the XXXX XXXX duty is to set off the account.-12 U.S. Code 412 - Application for notes ; collateral required Withholding my Financial Asset, and I have not received any Consideration/Benefit from your offer is Security Fraud and in violation of the Security Exchange Act of 1934, which violates your Financial Institution 's own XXXX SEC Filing. \n\n8-501. SECURITIES ACCOUNT ; ACQUISITION OF SECURITY ENTITLEMENT FROM SECURITIES INTERMEDIARY. \n\nSecurities account means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset. ( b ) Except as otherwise provided in subsections ( d ) and ( e ), a person acquires a security entitlement if a securities intermediary : ( 1 ) indicates by book entry that a financial asset has been credited to the person 's securities account ; ( 2 ) receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person 's securities account ; or ( 3 ) becomes obligated under other law, regulation, or rule to credit a financial asset to the person 's securities account.\n\n8-502. ASSERTION OF ADVERSE CLAIM AGAINST ENTITLEMENT HOLDER. An action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who acquires a security entitlement under Section 8-501 for value and without notice of the adverse claim..\n\n8-102. DEFINITIONS. \n\n( a ) In this Article : ( 1 ) \" Adverse claim '' means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. ( 7 ) \" 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. ( 8 ) \" 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. ( 15 ) \" Security, '' 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 ; ( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5. \n\n12 U.S. Code 412 - Application for notes ; collateral required XXXX : XXXX, Beneficiary All Rights Reserved","date_sent_to_company":"2024-09-21T22:27:11.000Z","issue":"Repossession","sub_product":"Lease","zip_code":"23434","tags":null,"has_narrative":true,"complaint_id":"10197935","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FC HoldCo LLC","date_received":"2024-09-21T21:25:45.000Z","state":"VA","company_public_response":null,"sub_issue":"Loan balance remaining after the vehicle is repossessed and sold"},"highlight":{"complaint_what_happened":["If a <em>person</em> acquires a <em>security</em> entitlement by virtue of Section 8-501 b 2 or 3, that <em>person</em> is the entitlement holder. ( 8 ) \" Entitlement order '' means a notification communicated to a <em>securities</em> intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a <em>security</em> entitlement. ( 15 ) \" <em>Security</em>, '' except as otherwise provided in Section 8-103, means an <em>obligation</em> of an issuer or a <em>share</em>, <em>participation</em>, or other interest in an issuer or in property"]},"sort":[15.989133,"10197935"]},{"_index":"complaint-public-v1","_id":"7593091","_score":15.79772,"_source":{"product":"Debt collection","complaint_what_happened":"The creditor as fiduciary reached good faith and fair dealings with agreements crafted by a corporation 's unlawful practice of law with the intent of unlawfully converting the subrogee 's chose-in-action and wilfully and knowingly deprived equitable interest, rights and ownership of the chose-in-acton when requested. The creditor/subrogor and collection agent turned a blind eye to the previous notices of subrogation and equitable interest with the most recent being XXXX. In the process Adverse action was taken by the creditor for attempting to assert my rights, the account was closed when rights to interest and redemption were communicated. One who seeks equity must do equity. Equity will not suffer a wrong without a remedy. Equity follows the law. Principal and Agent are vicariously liable for the other. \n\nIn this era when credit has become one of the instrumentalities of business to which men pay homage, intangible property rights must be considered when conversion is discussed. Stocks, bonds, evidences of debt, debentures, insurance policies, contracts and other choses-in-action play a prominent role in present-day credit economy. Conversion has been defined as a \" wrongful interference over personal property, inconsistent with or in denial of the dominion of the person entitled to possession thereof. It is \" any dealing with the property of another which excludes the owner 's dominion. '' The gist of conversion is the unauthorized assumption of the powers of the true owner. '' A \" chose in action '' is a personal right not reduced to possession. For example, shares of stock, and debts represented by negotiable instruments and savings bankbooks are all choses in action. They are personal property rights, not reducible to immediate tangible possession, not capable of physical delivery ; but recoverable only in an action at equity or law. \n\nTrover action will lie for the wrongful conversion of ... bonds, or other securities for the payment of money. This is true with regard to both negotiable and non-negotiable bonds. Even where bonds have been stolen, and a forged indorsement used to obtain new bonds from the corporation, the owner was allowed to recover the bonds from an innocent third party into whose hands the bonds had come. A bond being evidenced by a tangible writing, the courts have no trouble in finding the necessary dominion to allow an action for conversion. '' The underlying debt is immediately converted on the wrongful taking of a negotiable bond, and may be generally assumed to be converted in the case of a non-negotiable bond. \n\nTrover is a legal action that a property owner can take to recover the value of personal property that was wrongfully taken. The plaintiff must show that they had title or possession of the property at the time the action was filed. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Trover is different from other remedies for wrongful taking because the plaintiff only recovers the value of the property, not the property itself. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Today, the tort of conversion has subsumed both trover and detinue, and a plaintiff can request legal relief ( money damages ) or equitable relief ( return of property ). See, e.g. Burgess v. Small, 117 A.2d 344 ( Me. 1955 ) It has been well settled beyond controversy under the power to borrow money on the credit of the United States, and to issue circulating notes for the money borrowed; when Congress borrowed We The Peoples private credit, it created a sovereign redemption and subrogation right in We The People and a breach of trust by the subrogors and mortgagees when they clog the We The Peoples right to redeem their collateral borrowed and the securities created on account by indorsement and interfere in commerce. It is against equity for freemen not to have the free disposal of their own property and financial assets. \n\nNOTICE. I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term security means any note, stock, treasury stock, security future, security-based swap, bond, debenture, certificate of interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or in general, any instrument commonly known as a security ; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase, any of the foregoing ; but shall not include currency or any note, draft, bill of exchange, or bankers acceptance which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited. The promise to pay or promissory note with a maturity longer than nine ( 9 ) months created in this transaction is a security ; NOTICE. DEBT INSTRUMENT. In general Except as provided in subparagraph ( B ), the term debt instrument means a bond, debenture, note, or certificate or other evidence of indebtedness. Title 26 USC 1275 ( a ) ( 1 ) NOTICE. BOND. The term bond includes any obligation. Title 26 USC 150 ( a ) ( 1 ) ; NOTICE. BENEFIT. This word is used in the same sense as gain ( q. v. ) and profits. ( q. v. ) 20 Toull. N. 199 ; NOTICE. BENEFICIARY. This term is frequently used as synonymous with the technical phrase cestui que trust. ( q. v. ) ; NOTICE. BENEFICIAL INTEREST. That right which a person has in a contract made with another, as if A makes a contract with B that he will pay C a certain sum of money, B has the legal interest in the contract, and C the beneficial interest. Hamm. on Part 6, 7, 25 2 Bulust. 70 ; NOTICE. I am aware, pursuant to 17 CFR 240. 13d-3. ( b ) Any person who, directly or indirectly, creates or uses a trust, proxy, power of attorney, pooling arrangement or any other contract, arrangement, or device with the purpose of effect of divesting such person of beneficial ownership of a security or preventing the vesting of such beneficial ownership as part of a plan or scheme to evade the reporting requirements of section 13 ( d ) or ( g ) of the Act shall be deemed for purposes of such sections to be the beneficial owner of such security ; essentially the right to subrogation to the securities has been deprived ; NOTICE. I am aware, pursuant to 17 CFR 240.8c-1 Hypothecation of customers ' securities ( a ) General provisions. No member of a national securities exchange, and no broker or dealer who transacts a business in securities through the medium of any such member shall, directly or indirectly, hypothecate or arrange for or permit the continued hypothecation of any securities carried for the account of any customer under certain circumstances ; NOTICE. I am aware, pursuant to Title 18 U.S. Code 1348 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 ) ) ; or ( 2 ) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of 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 ) ) ; shall be fined under this title, or imprisoned not more than 25 years, or both ; NOTICE. 18 U.S. Code 1956 - Laundering of monetary instruments ; NOTICE. Use of the Beneficiarys Private Credit for the extension of credit or choses-in-action by indorsement, creating securities as an accommodating party establishes an implied TRUST IN INVITUM raised by operation of law without the consent of the trustee. Such a Trust Arises where Goods have been stolen or Converted to the Use of the TAKER and sold, with respect to the PROCEEDS, whether such proceeds are in the form of money or other property purchased therewith, and equity will in such cases enforce a Trust In Invitum in the original taker or in his assignee with NOTICE. Likewise, where a TRUSTEE or OTHER FIDUCIARY has Misapplied Trust Funds a like Trust will be RAISED. Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) NOTICE. When it comes to accounts Article 9 of the Uniform Commercial Code has always applied to the sale of accounts. Revised Article 9 continues this rule in North Carolina 25-9-109 ( a ) ( 3 ). Former Article 9 defined accounts to include payment obligations arising out of only the sale of goods or the provision of services. Under the former law, this left many kinds of payment rights within the definition of general intangible. The sale of these types of payment rights often serves as a financing transaction, but former Article 9 did not apply to these transactions. Revised Article 9 broadens the definition of accounts to include : Payment obligations arising out of the sale, lease or license of all kinds of tangible and intangible personal property ( for example, account will include license fees payable for the use of software ), and Credit card receivables. \n\nThe sale of a payment intangible often functions as a financing transaction. Revised Article 9 brings certainty to these transactions by bringing the sale of a payment intangible into the scope of Article 9. However, to permit financial institutions that sell loan participations to avoid Truth is expressed in the form of an Affidavit. having a UCC-1 financing statement filed against them as debtors, Article 9 provides for the automatic perfection of a security interest created upon the sale of a payment intangible ( but not a security interest in a payment intangible given to secure an obligation ). G.S. 25-9-309 ( 3 ).\n\nNOTICE. EQUITY CONCERNS ITSELF WITH SUBSTANCE AND NOT FORM. Equitable Subrogation is forward-looking rooted in the equity maxim... equity regards done what ought to be done. Equitable subrogation is not founded upon contract, but is the creation of equity, and is enforced solely for accomplishing the end of substantial justice. It is the mode by which equity adopts to compel the ultimate payment of a debt by one who, in justice and good conscience, ought to pay. Equity delights in equality. Equity knows no time. Equity aids the vigilant, not those who slumber on their rights. \n\nTruth is expressed in the form of an Affidavit. See Lev. 5:4-5 ; Lev. 6:3-5 ; Lev. 19:11-13 ; Num. 30:2 ; Matt. 5:33 ; James 5:12. An un-rebutted affidavit stands as truth in commerce, equity, admiralty, Lex Mercatoria and public policy. See 1 Pet. 1:25 ; Heb. 6:13-15. Legal maxim : He who does not deny, admits. An un-rebutted affidavit is acted upon as the judgement in commerce, equity, admiralty, Lex Mercatoria and public policy. See Heb. 6:16-17. Any proceeding in court, tribunal, or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgment of the law is applied. A matter must be expressed to be resolved. See Heb. 4:16 ; Phil. 4:5 ; Eph. 6:19-21. Legal maxim : He who fails to assert his rights has none. \n\nUltimately the Subrogors actions amount to holding the implied surety in peonage, debt slavery, debt bondage, and involuntary servitude, a severe form of human trafficking in persons. \n\nI declare under a penalty of perjury the statement is accurate and true to the best of my personal knowledge. \n\n/s/ XXXX, XXXX 28 U.S. Code 1746","date_sent_to_company":"2023-09-22T15:33:13.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Other debt","zip_code":"28269","tags":null,"has_narrative":true,"complaint_id":"7593091","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CCS Financial Services, Inc.","date_received":"2023-09-22T14:47:13.000Z","state":"NC","company_public_response":"Company believes the complaint is the result of a misunderstanding","sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term <em>security</em> means any note, stock, treasury stock, <em>security</em> future, <em>security</em>-based swap, bond, debenture, certificate of interest or <em>participation</em> in any profit-<em>sharing</em> agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable <em>share</em>, investment contract, voting-trust certificate, certificate of deposit for a <em>security</em>, any put, call, straddle"]},"sort":[15.79772,"7593091"]},{"_index":"complaint-public-v1","_id":"7583810","_score":15.794835,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"The creditor as fiduciary reached good faith and fair dealings with agreements crafted by a corporation 's unlawful practice of law with the intent of unlawfully converting the subrogee 's chose-in-action and wilfully and knowingly deprived equitable interest, rights and ownership of the chose-in-acton when requested. The creditor/subrogor and collection agent turned a XXXX XXXX  to the previous notices of subrogation and equitable interest with the most recent being XXXX. In the process Adverse action was taken by the creditor for attempting to assert my rights, the account was closed when rights to interest and redemption were communicated. One who seeks equity must do equity. Equity will not suffer a wrong without a remedy. Equity follows the law. Principal and Agent are vicariously liable for the other. \n\nIn this era when credit has become one of the instrumentalities of business to which men pay homage, intangible property rights must be considered when conversion is discussed. Stocks, bonds, evidences of debt, debentures, insurance policies, contracts and other choses-in-action play a prominent role in present-day credit economy. Conversion has been defined as a \" wrongful interference over personal property, inconsistent with or in denial of the dominion of the person entitled to possession thereof. It is \" any dealing with the property of another which excludes the owner 's dominion. '' The gist of conversion is the unauthorized assumption of the powers of the true owner. '' A \" chose in action '' is a personal right not reduced to possession. For example, shares of stock, and debts represented by negotiable instruments and savings bankbooks are all choses in action. They are personal property rights, not reducible to immediate tangible possession, not capable of physical delivery ; but recoverable only in an action at equity or law. \n\nXXXX  action will lie for the wrongful conversion of ... bonds, or other securities for the payment of money. This is true with regard to both negotiable and non-negotiable bonds. Even where bonds have been stolen, and a forged indorsement used to obtain new bonds from the corporation, the owner was allowed to recover the bonds from an innocent third party into whose hands the bonds had come. A bond being evidenced by a tangible writing, the courts have no trouble in finding the necessary dominion to allow an action for conversion. '' The underlying debt is immediately converted on the wrongful taking of a negotiable bond, and may be generally assumed to be converted in the case of a non-negotiable bond. \n\nXXXX is a legal action that a property owner can take to recover the value of personal property that was wrongfully taken. The plaintiff must show that they had title or possession of the property at the time the action was filed. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. XXXX is different from other remedies for wrongful taking because the plaintiff only recovers the value of the property, not the property itself. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Today, the tort of conversion has subsumed both XXXX  and XXXX, and a plaintiff can request legal relief ( money damages ) or equitable relief ( return of property ). See, e.g. Burgess v. Small, 117 A.2d 344 ( Me. 1955 ) It has been well settled beyond controversy under the power to borrow money on the credit of the United States, and to issue circulating notes for the money borrowed; when Congress borrowed We The Peoples private credit, it created a sovereign redemption and subrogation right in We The People and a breach of trust by the subrogors and mortgagees when they clog the We The Peoples right to redeem their collateral borrowed and the securities created on account by indorsement and interfere in commerce. It is against equity for freemen not to have the free disposal of their own property and financial assets. \n\nNOTICE. I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term security means any note, stock, treasury stock, security future, security-based swap, bond, debenture, certificate of interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or in general, any instrument commonly known as a security ; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase, any of the foregoing ; but shall not include currency or any note, draft, bill of exchange, or bankers acceptance which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited. The promise to pay or promissory note with a maturity longer than nine ( 9 ) months created in this transaction is a security ; NOTICE. DEBT INSTRUMENT. In general Except as provided in subparagraph ( B ), the term debt instrument means a bond, debenture, note, or certificate or other evidence of indebtedness. Title 26 USC 1275 ( a ) ( 1 ) NOTICE. BOND. The term bond includes any obligation. Title 26 USC 150 ( a ) ( 1 ) ; NOTICE. BENEFIT. This word is used in the same sense as gain ( q. v. ) and profits. ( q. v. ) 20 Toull. N. 199 ; NOTICE. BENEFICIARY. This term is frequently used as synonymous with the technical phrase cestui que trust. ( q. v. ) ; NOTICE. BENEFICIAL INTEREST. That right which a person has in a contract made with another, as if A makes a contract with B that he will pay C a certain sum of money, B has the legal interest in the contract, and C the beneficial interest. Hamm. on Part 6, 7, 25 2 Bulust. 70 ; NOTICE. I am aware, pursuant to 17 CFR 240. 13d-3. ( b ) Any person who, directly or indirectly, creates or uses a trust, proxy, power of attorney, pooling arrangement or any other contract, arrangement, or device with the purpose of effect of divesting such person of beneficial ownership of a security or preventing the vesting of such beneficial ownership as part of a plan or scheme to evade the reporting requirements of section 13 ( d ) or ( g ) of the Act shall be deemed for purposes of such sections to be the beneficial owner of such security ; essentially the right to subrogation to the securities has been deprived ; NOTICE. I am aware, pursuant to 17 CFR 240.8c-1 Hypothecation of customers ' securities ( a ) General provisions. No member of a national securities exchange, and no broker or dealer who transacts a business in securities through the medium of any such member shall, directly or indirectly, hypothecate or arrange for or permit the continued hypothecation of any securities carried for the account of any customer under certain circumstances ; NOTICE. I am aware, pursuant to Title 18 U.S. Code 1348 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 ) ) ; or ( 2 ) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of 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 ) ) ; shall be fined under this title, or imprisoned not more than 25 years, or both ; NOTICE. 18 U.S. Code 1956 - Laundering of monetary instruments ; NOTICE. Use of the Beneficiarys Private Credit for the extension of credit or choses-in-action by indorsement, creating securities as an accommodating party establishes an implied TRUST IN INVITUM raised by operation of law without the consent of the trustee. Such a Trust Arises where Goods have been stolen or Converted to the Use of the TAKER and sold, with respect to the PROCEEDS, whether such proceeds are in the form of money or other property purchased therewith, and equity will in such cases enforce a Trust In Invitum in the original taker or in his assignee with NOTICE. Likewise, where a TRUSTEE or OTHER FIDUCIARY has Misapplied Trust Funds a like Trust will be RAISED. Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) NOTICE. When it comes to accounts Article 9 of the Uniform Commercial Code has always applied to the sale of accounts. Revised Article 9 continues this rule in North Carolina 25-9-109 ( a ) ( 3 ). Former Article 9 defined accounts to include payment obligations arising out of only the sale of goods or the provision of services. Under the former law, this left many kinds of payment rights within the definition of general intangible. The sale of these types of payment rights often serves as a financing transaction, but former Article 9 did not apply to these transactions. Revised Article 9 broadens the definition of accounts to include : Payment obligations arising out of the sale, lease or license of all kinds of tangible and intangible personal property ( for example, account will include license fees payable for the use of software ), and Credit card receivables.\n\nThe sale of a payment intangible often functions as a financing transaction. Revised Article 9 brings certainty to these transactions by bringing the sale of a payment intangible into the scope of Article 9. However, to permit financial institutions that sell loan participations to avoid Truth is expressed in the form of an Affidavit. having a UCC-1 financing statement filed against them as debtors, Article 9 provides for the automatic perfection of a security interest created upon the sale of a payment intangible ( but not a security interest in a payment intangible given to secure an obligation ). G.S. 25-9-309 ( 3 ). \n\nNOTICE. EQUITY CONCERNS ITSELF WITH SUBSTANCE AND NOT FORM. Equitable Subrogation is forward-looking rooted in the equity maxim... equity regards done what ought to be done. Equitable subrogation is not founded upon contract, but is the creation of equity, and is enforced solely for accomplishing the end of substantial justice. It is the mode by which equity adopts to compel the ultimate payment of a debt by one who, in justice and good conscience, ought to pay. Equity delights in equality. Equity knows no time. Equity aids the vigilant, not those who slumber on their rights. \n\nTruth is expressed in the form of an Affidavit. See LXXXX XXXXXXXX ; XXXX XXXXXXXX ; XXXX XXXX ; XXXX. XXXX ; XXXX. XXXX ; XXXX XXXX. An un-rebutted affidavit stands as truth in commerce, equity, admiralty, XXXX XXXX and public policy. XXXX XXXX XXXX. XXXX ; XXXX. XXXX. Legal maxim : He who does not deny, admits. An un-rebutted affidavit is acted upon as the judgement in commerce, equity, admiralty, XXXX XXXX and public policy. XXXX XXXX. XXXX. Any proceeding in court, tribunal, or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgment of the law is applied. A matter must be expressed to be resolved. XXXX XXXX. XXXX ; XXXX. XXXX ; XXXX. XXXX. Legal maxim : He who fails to assert his rights has none. \n\nUltimately the Subrogors actions amount to holding the implied surety in peonage, debt slavery, debt bondage, and involuntary servitude, a severe form of XXXX XXXX in persons. \n\nI declare under a penalty of perjury the statement is accurate and true to the best of my personal knowledge. \n\nXXXX XXXX, XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2023-09-22T04:54:46.000Z","issue":"Managing the loan or lease","sub_product":"Loan","zip_code":"28269","tags":null,"has_narrative":true,"complaint_id":"7583810","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CarMax, Inc.","date_received":"2023-09-22T04:39:26.000Z","state":"NC","company_public_response":null,"sub_issue":"Billing problem"},"highlight":{"complaint_what_happened":["I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term <em>security</em> means any note, stock, treasury stock, <em>security</em> future, <em>security</em>-based swap, bond, debenture, certificate of interest or <em>participation</em> in any profit-<em>sharing</em> agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable <em>share</em>, investment contract, voting-trust certificate, certificate of deposit for a <em>security</em>, any put, call, straddle"]},"sort":[15.794835,"7583810"]},{"_index":"complaint-public-v1","_id":"7593190","_score":15.770043,"_source":{"product":"Payday loan, title loan, personal loan, or advance loan","complaint_what_happened":"The creditor as fiduciary reached good faith and fair dealings with agreements crafted by a corporation 's unlawful practice of law with the intent of unlawfully converting the subrogee 's chose-in-action and wilfully and knowingly deprived equitable interest, rights and ownership of the chose-in-acton when requested. The creditor/subrogor and collection agent turned a XXXX eye to the previous notices of subrogation and equitable interest with the most recent being XXXX. In the process Adverse action was taken by the creditor for attempting to assert my rights, the account was closed when rights to interest and redemption were communicated. One who seeks equity must do equity. Equity will not suffer a wrong without a remedy. Equity follows the law. Principal and Agent are vicariously liable for the other. \n\nIn this era when credit has become one of the instrumentalities of business to which men pay homage, intangible property rights must be considered when conversion is discussed. Stocks, bonds, evidences of debt, debentures, insurance policies, contracts and other choses-in-action play a prominent role in present-day credit economy. Conversion has been defined as a \" wrongful interference over personal property, inconsistent with or in denial of the dominion of the person entitled to possession thereof. It is \" any dealing with the property of another which excludes the owner 's dominion. '' The gist of conversion is the unauthorized assumption of the powers of the true owner. '' A \" chose in action '' is a personal right not reduced to possession. For example, shares of stock, and debts represented by negotiable instruments and savings bankbooks are all choses in action. They are personal property rights, not reducible to immediate tangible possession, not capable of physical delivery ; but recoverable only in an action at equity or law. \n\nTrover action will lie for the wrongful conversion of ... bonds, or other securities for the payment of money. This is true with regard to both negotiable and non-negotiable bonds. Even where bonds have been stolen, and a forged indorsement used to obtain new bonds from the corporation, the owner was allowed to recover the bonds from an innocent third party into whose hands the bonds had come. A bond being evidenced by a tangible writing, the courts have no trouble in finding the necessary dominion to allow an action for conversion. '' The underlying debt is immediately converted on the wrongful taking of a negotiable bond, and may be generally assumed to be converted in the case of a non-negotiable bond. \n\nXXXX is a legal action that a property owner can take to recover the value of personal property that was wrongfully taken. The plaintiff must show that they had title or possession of the property at the time the action was filed. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. XXXX is different from other remedies for wrongful taking because the plaintiff only recovers the value of the property, not the property itself. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Today, the tort of conversion has subsumed both trover and detinue, and a plaintiff can request legal relief ( money damages ) or equitable relief ( return of property ). See, e.g. Burgess v. Small, 117 A.2d 344 ( Me. 1955 ) It has been well settled beyond controversy under the power to borrow money on the credit of the United States, and to issue circulating notes for the money borrowed; when Congress borrowed We The Peoples private credit, it created a sovereign redemption and subrogation right in We The People and a breach of trust by the subrogors and mortgagees when they clog the We The Peoples right to redeem their collateral borrowed and the securities created on account by indorsement and interfere in commerce. It is against equity for freemen not to have the free disposal of their own property and financial assets.\n\nNOTICE. I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term security means any note, stock, treasury stock, security future, security-based swap, bond, debenture, certificate of interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or in general, any instrument commonly known as a security ; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase, any of the foregoing ; but shall not include currency or any note, draft, bill of exchange, or bankers acceptance which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited. The promise to pay or promissory note with a maturity longer than nine ( 9 ) months created in this transaction is a security ; NOTICE. DEBT INSTRUMENT. In general Except as provided in subparagraph ( B ), the term debt instrument means a bond, debenture, note, or certificate or other evidence of indebtedness. Title 26 USC 1275 ( a ) ( 1 ) NOTICE. BOND. The term bond includes any obligation. Title 26 USC 150 ( a ) ( 1 ) ; NOTICE. BENEFIT. This word is used in the same sense as gain ( q. v. ) and profits. ( q. v. ) 20 Toull. N. 199 ; NOTICE. BENEFICIARY. This term is frequently used as synonymous with the technical phrase cestui que trust. ( q. v. ) ; NOTICE. BENEFICIAL INTEREST. That right which a person has in a contract made with another, as if A makes a contract with B that he will pay C a certain sum of money, B has the legal interest in the contract, and C the beneficial interest. Hamm. on Part 6, 7, 25 2 Bulust. 70 ; NOTICE. I am aware, pursuant to 17 CFR 240. 13d-3. ( b ) Any person who, directly or indirectly, creates or uses a trust, proxy, power of attorney, pooling arrangement or any other contract, arrangement, or device with the purpose of effect of divesting such person of beneficial ownership of a security or preventing the vesting of such beneficial ownership as part of a plan or scheme to evade the reporting requirements of section 13 ( d ) or ( g ) of the Act shall be deemed for purposes of such sections to be the beneficial owner of such security ; essentially the right to subrogation to the securities has been deprived ; NOTICE. I am aware, pursuant to 17 CFR 240.8c-1 Hypothecation of customers ' securities ( a ) General provisions. No member of a national securities exchange, and no broker or dealer who transacts a business in securities through the medium of any such member shall, directly or indirectly, hypothecate or arrange for or permit the continued hypothecation of any securities carried for the account of any customer under certain circumstances ; NOTICE. I am aware, pursuant to Title 18 U.S. Code 1348 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 ) ) ; or ( 2 ) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of 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 ) ) ; shall be fined under this title, or imprisoned not more than 25 years, or both ; NOTICE. 18 U.S. Code 1956 - Laundering of monetary instruments ; NOTICE. Use of the Beneficiarys Private Credit for the extension of credit or choses-in-action by indorsement, creating securities as an accommodating party establishes an implied TRUST IN INVITUM raised by operation of law without the consent of the trustee. Such a Trust Arises where Goods have been stolen or Converted to the Use of the TAKER and sold, with respect to the PROCEEDS, whether such proceeds are in the form of money or other property purchased therewith, and equity will in such cases enforce a Trust In Invitum in the original taker or in his assignee with NOTICE. Likewise, where a TRUSTEE or OTHER FIDUCIARY has Misapplied Trust Funds a like Trust will be RAISED. Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) NOTICE. When it comes to accounts Article 9 of the Uniform Commercial Code has always applied to the sale of accounts. Revised Article 9 continues this rule in North Carolina 25-9-109 ( a ) ( 3 ). Former Article 9 defined accounts to include payment obligations arising out of only the sale of goods or the provision of services. Under the former law, this left many kinds of payment rights within the definition of general intangible. The sale of these types of payment rights often serves as a financing transaction, but former Article 9 did not apply to these transactions. Revised Article 9 broadens the definition of accounts to include : Payment obligations arising out of the sale, lease or license of all kinds of tangible and intangible personal property ( for example, account will include license fees payable for the use of software ), and Credit card receivables.\n\nThe sale of a payment intangible often functions as a financing transaction. Revised Article 9 brings certainty to these transactions by bringing the sale of a payment intangible into the scope of Article 9. However, to permit financial institutions that sell loan participations to avoid Truth is expressed in the form of an Affidavit. having a UCC-1 financing statement filed against them as debtors, Article 9 provides for the automatic perfection of a security interest created upon the sale of a payment intangible ( but not a security interest in a payment intangible given to secure an obligation ). G.S. 25-9-309 ( 3 ).\n\nNOTICE. EQUITY CONCERNS ITSELF WITH SUBSTANCE AND NOT FORM. XXXX XXXX is forward-looking rooted in the equity maxim... equity regards done what ought to be done. XXXX XXXX is not founded upon contract, but is the creation of equity, and is enforced solely for accomplishing the end of substantial justice. It is the mode by which equity adopts to compel the ultimate payment of a debt by one who, in justice and good conscience, ought to pay. Equity delights in equality. Equity knows no time. Equity aids the vigilant, not those who slumber on their rights. \n\nXXXX is expressed in the form of an Affidavit. See Lev. XXXX ; XXXX XXXX XXXX XXXX XXXX  ; XXXX. XXXX ; XXXX. XXXX ; XXXX XXXX. An un-rebutted affidavit stands as truth in commerce, equity, admiralty, XXXX XXXX and public policy. XXXX XXXX XXXX. XXXX ; XXXX. XXXX. Legal maxim : He who does not deny, admits. An un-rebutted affidavit is acted upon as the judgement in commerce, equity, admiralty, XXXX XXXX and public policy. See XXXX XXXX Any proceeding in court, tribunal, or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgment of the law is applied. A matter must be expressed to be resolved. XXXX XXXX. XXXX ; XXXX. XXXX ; XXXX. XXXX. Legal maxim : He who fails to assert his rights has none. \n\nUltimately the XXXX actions amount to holding the implied surety in peonage, debt slavery, debt bondage, and involuntary servitude, a severe form of human trafficking in persons. \n\nI declare under a penalty of perjury the statement is accurate and true to the best of my personal knowledge. \n\nXXXX XXXX, XXXX XXXX U.S. Code 1746","date_sent_to_company":"2023-09-22T14:42:50.000Z","issue":"Problem when making payments","sub_product":"Installment loan","zip_code":"28269","tags":null,"has_narrative":true,"complaint_id":"7593190","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"OPORTUN FINANCIAL CORPORATION","date_received":"2023-09-22T14:13:00.000Z","state":"NC","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term <em>security</em> means any note, stock, treasury stock, <em>security</em> future, <em>security</em>-based swap, bond, debenture, certificate of interest or <em>participation</em> in any profit-<em>sharing</em> agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable <em>share</em>, investment contract, voting-trust certificate, certificate of deposit for a <em>security</em>, any put, call, straddle"]},"sort":[15.770043,"7593190"]},{"_index":"complaint-public-v1","_id":"7588779","_score":15.770043,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"The creditor as fiduciary reached good faith and fair dealings with agreements crafted by a corporation 's unlawful practice of law with the intent of unlawfully converting the subrogee 's chose-in-action and wilfully and knowingly deprived equitable interest, rights and ownership of the chose-in-acton when requested. The creditor/subrogor and collection agent turned a blind eye to the previous notices of subrogation and equitable interest with the most recent being XXXX. In the process Adverse action was taken by the creditor for attempting to assert my rights, the account was closed when rights to interest and redemption were communicated. One who seeks equity must do equity. Equity will not suffer a wrong without a remedy. Equity follows the law. Principal and Agent are vicariously liable for the other. \n\nIn this era when credit has become one of the instrumentalities of business to which men pay homage, intangible property rights must be considered when conversion is discussed. Stocks, bonds, evidences of debt, debentures, insurance policies, contracts and other choses-in-action play a prominent role in present-day credit economy. Conversion has been defined as a \" wrongful interference over personal property, inconsistent with or in denial of the dominion of the person entitled to possession thereof. It is \" any dealing with the property of another which excludes the owner 's dominion. '' The gist of conversion is the unauthorized assumption of the powers of the true owner. '' A \" chose in action '' is a personal right not reduced to possession. For example, shares of stock, and debts represented by negotiable instruments and savings bankbooks are all choses in action. They are personal property rights, not reducible to immediate tangible possession, not capable of physical delivery ; but recoverable only in an action at equity or law. \n\nTrover  action will lie for the wrongful conversion of ... bonds, or other securities for the payment of money. This is true with regard to both negotiable and non-negotiable bonds. Even where bonds have been stolen, and a forged indorsement used to obtain new bonds from the corporation, the owner was allowed to recover the bonds from an innocent third party into whose hands the bonds had come. A bond being evidenced by a tangible writing, the courts have no trouble in finding the necessary dominion to allow an action for conversion. '' The underlying debt is immediately converted on the wrongful taking of a negotiable bond, and may be generally assumed to be converted in the case of a non-negotiable bond. \n\nTrover is a legal action that a property owner can take to recover the value of personal property that was wrongfully taken. The plaintiff must show that they had title or possession of the property at the time the action was filed. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Trover is different from other remedies for wrongful taking because the plaintiff only recovers the value of the property, not the property itself. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Today, the tort of conversion has subsumed both trover and detinue, and a plaintiff can request legal relief ( money damages ) or equitable relief ( return of property ). XXXXee, e.g. Burgess v. Small, 117 A.2d 344 ( Me. 1955 ) It has been well settled beyond controversy under the power to borrow money on the credit of the United States, and to issue circulating notes for the money borrowed; when XXXX borrowed We The Peoples private credit, it created a sovereign redemption and subrogation right in We The People and a breach of trust by the subrogors and mortgagees when they clog the We The Peoples right to redeem their collateral borrowed and the securities created on account by indorsement and interfere in commerce. It is against equity for freemen not to have the free disposal of their own property and financial assets. \n\nNOTICE. I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term security means any note, stock, treasury stock, security future, security-based swap, bond, debenture, certificate of interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or in general, any instrument commonly known as a security ; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase, any of the foregoing ; but shall not include currency or any note, draft, bill of exchange, or bankers acceptance which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited. The promise to pay or promissory note with a maturity longer than nine ( 9 ) months created in this transaction is a security ; NOTICE. DEBT INSTRUMENT. In general Except as provided in subparagraph ( B ), the term debt instrument means a bond, debenture, note, or certificate or other evidence of indebtedness. Title 26 USC 1275 ( a ) ( 1 ) NOTICE. BOND. The term bond includes any obligation. Title 26 USC 150 ( a ) ( 1 ) ; NOTICE. BENEFIT. This word is used in the same sense as gain ( q. v. ) and profits. ( q. v. ) 20 Toull. N. 199 ; NOTICE. BENEFICIARY. This term is frequently used as synonymous with the technical phrase cestui que trust. ( q. v. ) ; NOTICE. BENEFICIAL INTEREST. That right which a person has in a contract made with another, as if A makes a contract with B that he will pay C a certain sum of money, B has the legal interest in the contract, and C the beneficial interest. Hamm. on Part 6, 7, 25 2 Bulust. 70 ; NOTICE. I am aware, pursuant to 17 CFR 240. 13d-3. ( b ) Any person who, directly or indirectly, creates or uses a trust, proxy, power of attorney, pooling arrangement or any other contract, arrangement, or device with the purpose of effect of divesting such person of beneficial ownership of a security or preventing the vesting of such beneficial ownership as part of a plan or scheme to evade the reporting requirements of section 13 ( d ) or ( g ) of the Act shall be deemed for purposes of such sections to be the beneficial owner of such security ; essentially the right to subrogation to the securities has been deprived ; NOTICE. I am aware, pursuant to 17 CFR 240.8c-1 Hypothecation of customers ' securities ( a ) General provisions. No member of a national securities exchange, and no broker or dealer who transacts a business in securities through the medium of any such member shall, directly or indirectly, hypothecate or arrange for or permit the continued hypothecation of any securities carried for the account of any customer under certain circumstances ; NOTICE. I am aware, pursuant to Title 18 U.S. Code 1348 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 ) ) ; or ( 2 ) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of 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 ) ) ; shall be fined under this title, or imprisoned not more than 25 years, or both ; NOTICE. 18 U.S. Code 1956 - Laundering of monetary instruments ; NOTICE. Use of the Beneficiarys Private Credit for the extension of credit or choses-in-action by indorsement, creating securities as an accommodating party establishes an implied TRUST IN INVITUM raised by operation of law without the consent of the trustee. Such a Trust Arises where Goods have been stolen or Converted to the Use of the TAKER and sold, with respect to the PROCEEDS, whether such proceeds are in the form of money or other property purchased therewith, and equity will in such cases enforce a Trust In Invitum in the original taker or in his assignee with NOTICE. Likewise, where a TRUSTEE or OTHER FIDUCIARY has Misapplied Trust Funds a like Trust will be RAISED. Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) NOTICE. When it comes to accounts Article 9 of the Uniform Commercial Code has always applied to the sale of accounts. Revised Article 9 continues this rule in North Carolina 25-9-109 ( a ) ( 3 ). Former Article 9 defined accounts to include payment obligations arising out of only the sale of goods or the provision of services. Under the former law, this left many kinds of payment rights within the definition of general intangible. The sale of these types of payment rights often serves as a financing transaction, but former Article 9 did not apply to these transactions. Revised Article 9 broadens the definition of accounts to include : Payment obligations arising out of the sale, lease or license of all kinds of tangible and intangible personal property ( for example, account will include license fees payable for the use of software ), and Credit card receivables. \n\nThe sale of a payment intangible often functions as a financing transaction. Revised Article 9 brings certainty to these transactions by bringing the sale of a payment intangible into the scope of Article 9. However, to permit financial institutions that sell loan participations to avoid Truth is expressed in the form of an Affidavit. having a UCC-1 financing statement filed against them as debtors, Article 9 provides for the automatic perfection of a security interest created upon the sale of a payment intangible ( but not a security interest in a payment intangible given to secure an obligation ). G.S. 25-9-309 ( 3 ). \n\nNOTICE. EQUITY CONCERNS ITSELF WITH SUBSTANCE AND NOT FORM. Equitable Subrogation is forward-looking rooted in the equity maxim... equity regards done what ought to be done. Equitable subrogation is not founded upon contract, but is the creation of equity, and is enforced solely for accomplishing the end of substantial justice. It is the mode by which equity adopts to compel the ultimate payment of a debt by one who, in justice and good conscience, ought to pay. Equity delights in equality. Equity knows no time. Equity aids the vigilant, not those who slumber on their rights. \n\nTruth is expressed in the form of an Affidavit. See XXXX. XXXX ; XXXX. XXXX ; XXXX. XXXX ; XXXX. XXXX ; XXXX. XXXX ; XXXX XXXX. An un-rebutted affidavit stands as truth in commerce, equity, admiralty, XXXX XXXX and public policy. XXXX XXXX XXXX. XXXX ; XXXX. XXXX. Legal maxim : He who does not deny, admits. An un-rebutted affidavit is acted upon as the judgement in commerce, equity, admiralty, XXXX XXXX and public policy. XXXX XXXX. XXXX. Any proceeding in court, tribunal, or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgment of the law is applied. A matter must be expressed to be resolved. XXXX XXXX. XXXX ; XXXX. XXXX ; XXXX. XXXX. Legal maxim : He who fails to assert his rights has none. \n\nUltimately the Subrogors actions amount to holding the implied surety in peonage, debt slavery, debt bondage, and involuntary servitude, a severe form of human trafficking in persons. \n\nI declare under a penalty of perjury the statement is accurate and true to the best of my personal knowledge. \n\nXXXX XXXX, XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2023-09-22T05:12:28.000Z","issue":"Managing the loan or lease","sub_product":"Loan","zip_code":"28269","tags":null,"has_narrative":true,"complaint_id":"7588779","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TD BANK US HOLDING COMPANY","date_received":"2023-09-22T05:03:25.000Z","state":"NC","company_public_response":null,"sub_issue":"Billing problem"},"highlight":{"complaint_what_happened":["I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term <em>security</em> means any note, stock, treasury stock, <em>security</em> future, <em>security</em>-based swap, bond, debenture, certificate of interest or <em>participation</em> in any profit-<em>sharing</em> agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable <em>share</em>, investment contract, voting-trust certificate, certificate of deposit for a <em>security</em>, any put, call, straddle"]},"sort":[15.770043,"7588779"]},{"_index":"complaint-public-v1","_id":"9355991","_score":15.554513,"_source":{"product":"Credit card","complaint_what_happened":"I am writing to formally make a complaint against American Express for the repeated denial of credit and the mishandling of my credit report. Despite my good faith efforts and compliance with all necessary procedures, American Express has unlawfully denied my credit applications on multiple occasions and allowed erroneous information to be reported on my credit file. \n\nAmerican Express claims to adhere to the Federal Equal Credit Opportunity Act ( ECOA ), which under 15 U.S. Code 1691 ( a ) states : \" It is unlawful for any creditor to discriminate against any applicant with respect to any aspect of a credit transaction on the basis of race, color, religion, national origin, sex or marital status, or age. '' Furthermore, American Express states they can not deny credit when the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning American Express National Bank is the Bureau of Consumer Financial Protection. \n\nAccording to the Uniform Commercial Code ( XXXX ), several sections support my claim that my application and the social security number ( XXXX ) provided therein constitute a form of security and credit : - UCC 1-201 ( b ) ( 24 ) defines \" money '' and includes any medium of exchange authorized or adopted by a domestic or foreign government. A social security number can be considered a form of value in this context.\n\n- UCC 3-104 defines a negotiable instrument, which includes any written document that promises or orders the payment of money. My application, accompanied by my social security number, should be considered such an instrument.\n\n- UCC 3-305 outlines the rights to enforce these instruments and prohibits the denial of credit once value has been received. \n\nGiven these UCC provisions, I bring attention to the fact that my application, which included my social security number ( XXXX ) represents a negotiable instrument that provides value to the creditor, REGARDLESS of my approval status. Therefore, I should receive equal value consideration from the application according to UCC laws.\n\nFurthermore, according to 17 CFR 240.10b-5, it is unlawful for any person, directly or indirectly, to employ any device, scheme, or artifice to defraud in connection with the purchase or sale of any security. By submitting my application, I am essentially investing with the corporation, and by denying my credit, American Express is committing securities fraud. The application itself is a form of security, and denying my credit is both unlawful and discriminatory.\n\nAdditionally, under UCC 8-102, a security is defined as an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer. My application, including my social security number, aligns with this definition.\n\nIt is imperative to emphasize that I can not be discriminated against or denied credit based on my credit score or any other factor. The application is a security, and not providing my credit constitutes securities fraud. Under UCC 3-306, a person taking an instrument for value and in good faith acquires the rights of a holder in due course. This means that, as an applicant, I am entitled to the credit that my application secures.\n\nFurthermore, UCC 4-210 and 4-211 state that a bank 's power is to borrow, and by accepting my application, American Express is essentially borrowing from my security. Therefore, denying me the credit that is rightfully owed to me is unlawful. \n\nAmerican Express 's terms state : \" We do not waive our rights. We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion. '' According to UCC 1-207, I have the right to accommodate the terms and conditions if I find anything I do not consent to, and I do not waive my rights.\n\nAdditionally, American Express states : \" Assigning the Agreement : We may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement. '' I DO NOT authorize American Express to do this and remove any and every consent American Express believes I provided. I do not consent. According to UCC 2-210, I have the right to limit the assignment of my obligations. \n\nI am also working on settling issues with the credit reporting agencies regarding inaccurate information and unauthorized personal information, as mandated by the Privacy Act of 1974. \n\nGiven these facts and legal provisions, I insist that my application be either processed to provide the credit that is rightfully owed to me or retracted if the credit is not going to be provided. Denying me this credit is unlawful and constitutes securities fraud. I have provided my security, and being denied is a direct violation of my rights. \n\nI appreciate the prompt attention to this matter and look forward to an immediate and just resolution. \n\nThank you, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX )","date_sent_to_company":"2024-06-22T23:11:16.000Z","issue":"Getting a credit card","sub_product":"General-purpose credit card or charge card","zip_code":"92335","tags":null,"has_narrative":true,"complaint_id":"9355991","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-06-22T22:18:20.000Z","state":"CA","company_public_response":null,"sub_issue":"Application denied"},"highlight":{"complaint_what_happened":["Additionally, under UCC 8-102, a <em>security</em> is defined as an <em>obligation</em> of an issuer or a <em>share</em>, <em>participation</em>, or other interest in an issuer or in property or an enterprise of an issuer. My application, including my social <em>security</em> number, aligns with this definition.\n\nIt is imperative to emphasize that I can not be discriminated against or denied credit based on my credit score or any other factor. The application is a <em>security</em>, and not providing my credit constitutes <em>securities</em> fraud."]},"sort":[15.554513,"9355991"]},{"_index":"complaint-public-v1","_id":"10198393","_score":15.409542,"_source":{"product":"Credit card","complaint_what_happened":"Account # XXXX Amount : {$310.00} Capital One XXXX XXXX XXXX Chief Financial Officer XXXX XXXX XXXX Chair Chief Executive Officer 8-502. ASSERTION OF ADVERSE CLAIM AGAINST ENTITLEMENT HOLDER. \nAn action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who acquires a security entitlement under Section 8-501 for value and without notice of the adverse claim. \n\n. \n8-102. DEFINITIONS. \n( a ) In this Article : ( 1 ) \" Adverse claim '' means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. \n\n( 7 ) \" 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( 8 ) \" 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( XXXX5 ) \" Security, '' 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 ; ( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5. \n\n\n8-501. SECURITIES ACCOUNT ; ACQUISITION OF SECURITY ENTITLEMENT FROM SECURITIES INTERMEDIARY. \n\nSecurities account means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset. \n\n( b ) Except as otherwise provided in subsections ( d ) and ( e ), a person acquires a security entitlement if a securities intermediary : ( 1 ) indicates by book entry that a financial asset has been credited to the person 's securities account ; ( 2 ) receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person 's securities account ; or ( 3 ) becomes obligated under other law, regulation, or rule to credit a financial asset to the person 's securities account. \n\nI, XXXX XXXX, Investor in Capital One, have been performing on this account for the past couple of months and the payments are not being processed and are being returned. I am acting in good faith to resolve this matter, so I can provide for my family. I have attached Exhibits ( Payment Activity Report & Statements ) below of current attempts of performing on this security account, and the payments are not processing in an adequate or appropriate time. Capital One took it upon themselves to close my Securities account. After several attempts of making payments, Capital One is dishonorable, due to the fact they are forcing me to pay under Duress while receiving no benefits as the Entitlement Holder of this account. However, looking over the Card Member Agreement ( Which I Attached Below ) states on the top of page 5 \" That if you are in default, we may take certain actions with respect to your Account. For example, depending on the default, we may take the following actions, without notifying you, UNLESS the law says that we must give you notice. I was told by the Customer Representative that I have violated the card member agreement and that is why my account was closed. \n\nPage 07 Of Capital One Card Member Agreement : The Law That Applies to Your Agreement : We make decisions to grant credit and issue you a Card from our offices in Virginia. This Agreement is governed by applicable federal law and by Virginia law. If any part of this Agreement is unenforceable, the remaining parts will remain in effect. \n\nWhat law states you can close the Consumer account that extended the line of credit? \n\nI will have to revoke POA and your Fiduciary Duty by filing IRS 2848 if this situation does not get rectified immediately. I will have to hire a Credited Forensic Auditor to get a hold of my Application/since I am not able to access my Security Account. \n\n16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. \n\n433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. \nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE : ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \n\nMy security interest is the payment on the account and the Indenture Trustee/ or the CFO /CEO duty is to set off the account.-12 U.S. Code 412 - Application for notes ; collateral required Withholding my Financial Asset, and I have not received any Consideration/Benefit from your offer is Security Fraud and in violation of the Security Exchange Act of XXXX, The Sarbanes-Oxley Act of XXXX ( SOX ) ; which violates your Financial Institution 's own XXXX SEC Filing & Prospectus. \n\nUnder the terms of a letter of credit, the Beneficiary is ENTITLED to have its complying presentation honored. \n\nXXXX : XXXX, Beneficiary","date_sent_to_company":"2024-09-21T21:18:11.000Z","issue":"Problem when making payments","sub_product":"General-purpose credit card or charge card","zip_code":"23434","tags":null,"has_narrative":true,"complaint_id":"10198393","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2024-09-21T19:51:39.000Z","state":"VA","company_public_response":null,"sub_issue":"Problem during payment process"},"highlight":{"complaint_what_happened":["( XXXX5 ) \" <em>Security</em>, '' except as otherwise provided in Section 8-103, means an <em>obligation</em> of an issuer or a <em>share</em>, <em>participation</em>, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a <em>security</em> 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 ; ( 17 ) \" <em>Security</em> entitlement '' means the rights and property interest of an entitlement holder"]},"sort":[15.409542,"10198393"]},{"_index":"complaint-public-v1","_id":"4965301","_score":13.789933,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX 2021 I the natural person and consumer when to XXXX XXXX XXXX. Located at XXXX XXXX XXXX, XXXX ohio XXXX ; looking to purchase a vehicle primarily for personal, family, and household purposes using my open ended consumer credit plan as defined in truth in lending 15 usc 1602 ( j ) regulated by regulation z. I was told that I had to do a credit application and if I wanted the car that I was looking to acquire but wasnt ready I would have to put a deposit down that would be converted to a down payment once I purchase the car which it was noted in ( exhibit 4 ( left image ). Once I returned to finish the purchase on XXXX XXXX 2021 I was given a credit application from XXXX XXXX XXXX XXXX ) which I filled out along with my social security number that was requested/demand in order for them to allegedly run my credit. According to the social security administration www.ssa.gov/ssnumber/ ( A Social Security number is important because you need it to get a job, collect Social Security benefits and get some other government services ). When looking to purchase the vehicle I was not applying for a job, collecting social security benefits, or government services. So why was my number needed? After I filled out the information the male individual at the dealership ( not sure of his status ) pulled my credit report then sent my credit report to XXXX XXXX at lendmark Financial services llc. I was then told by the XXXX at XXXX XXXX that I had to go to Lendmark Financial services ( about XXXXminute drive away ) to sign more documents. I was and still am confused as to why I had to go there when I had no intentions on doing business with no one else but XXXX XXXX. Once I got to transportation outlet I was told to sit and sign some documents ( electronically ) so I could not take the docs home to review them. The forms that were presented I believe where false and misleading pursuant to 15 usc 1692e using unlawful tactics and unlawful wording to coerce payment of an alleged debt. Entire contract is uploaded as well labeled ( Lendmark deceptive agreement and Exhibits ) also violating 15 united states code 1. After I was done being coerced to sign the deceptive forms there was no other party that was signing the agreement except for the person who signed as just acknowledging that I have reviewed the document ( XXXX XXXX ) which is just an employee and not a authorized signer which could only be the registered agent. So with out a meeting of the minds and 2 valid signatures I have reason to believe and do so believe that there is fraud associated with this alleged loan due to being incomplete. After reviewing my documents I realized that there was another application for credit labeled ( Exhibit A ) ; XXXX XXXX has the first credit application ( chattel paper ). This exhibit clearly states im applying for credit but the lender converted it to a loan by misrepresentations. Under Exhibit B the lender has there name stated as the lender but not creditor pursuant to 16 cfr 433.1 ( c ), and does not show XXXX XXXX as the seller pursuant to 16 cfr 433.1 ( J ). I am the consumer in fact. Below on Exhibit B it shows that I am giving security interest. What is the security that I give? It was never disclosed to me. I was not given proper informed use of my credit pursuant to 15 usc 1601 or all proper disclosures clearly and conspicuously pursuant to 12 cfr 226.5. On the promissory note/ security agreement there is no other signature but mine. So I have reason to believe and do so believe that the document that I have is noting more than a consumer credit contract pursuant to 16 cfr 433.1 ( I ) which is an instrument which evidences or a debt arising from a purchase money loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of 16 cfr 433.1 is it not? As I sat in the chair at the front of lendmark Financial services offices I have reason to believe and do so believe that I asked the employee what does it mean by secured obligations I highlighted on Exhibit C and I have reason to believe and do so believe that I was told that the vehicle was the security which left me more confused as to if that is the case then why was my social security number needed. So I ask again is the vehicle the security or the number the security and why are or where they both needed? Following that statement the document began to display more federal violations to coerce payment which are labeled 15 usc 1692e ( 4 ), 15 usc 1692e ( 12 ) and 18 usc 8. As noted at the bottom of the page this states this is a consumer credit contract ( not a loan ) and I have to right to assert claims and defenses against the seller ( XXXX XXXX ) pursuant to 16 cfr 433.2. Exhibit D ( 1 ) - D ( 3 ) I dont agree to the arbitration clause and I intentional scrolled past it and the employee went back and clicked in my signature where I intentionally left blank. Further more in Exhibit E all of the insurance they claim was optional but I was forced to purchase my own outside of the contract with progress and was told to make them the lien holder on the vehicle when the insurance was supposed to be included in the finance charge pursuant to 15 usc 1605. On Exhibit F I specifically told the employee that providing that personal information about others is against the law and violating peoples right to privacy and he told me I have to put down at least XXXX and that is their policy ; event though company policy does not supersede federal law. Exhibit G shows how Lendmark financial services shows blatant disregard of federal law stating they can report late payments and other credit information violating the fair credit reporting act. Exhibit H is another form that was presenting false and misleading information in direct violation of the XXXX XXXX XXXX act which is the right of privacy. They coerce me to give up that right they can sell and market my personal information for their financial gain. All through out this contract they continue to refer to me as the borrower when in fact I am the consumer and nature person extending the credit to this lender so they can use it as relief from the current chapter XXXX bankruptcy that the country is currently under. If I am not the extender of credit where does the lender ( business ) gets the funds or credits from? Under Exhibit J is says that there would be a loan proceeds that I should pick up at the branch location I received a letter of credit ( not a loan ) also a {$15.00} check in the mail that I have no clue as to what it is as displayed in ( exhibit 4 ( right image ). What is it for?\n\nUpon completing the paper work I was told to go back ( 30 minutes ) to XXXX XXXX to pick up the bill of sale, give them the letter of credit, and pick up the car. The bill of sale I got from XXXX XXXX reflects a that below the vehicle description The above vehicle is guaranteed by seller to be free and clear of all liens and encumbrances but in the next box below it shows the Lien would be Lendmark Financial Services. As the consumer I am challenging the accuracy and integrity of the disclosers and I have reason to believe and do so believe my social security number was coerced from me by both persons ( Lendmark Financial Services and XXXX ) to be used to create a trust indenture to extract federal funds from my estate. This is a direct federal violation of 15 usc 1. Yesterday at or around 10 to 10:15 pm an unauthorized third party by the name of XXXX XXXX was sent to steal my property from a friends drive way on XXXX XXXX, in XXXX XXXX ohio. The vehicle is currently located at XXXX XXXX XXXX, XXXX ohio XXXX at the impound lot. This is a federal violation of 12 cfr 1006 ( 15 usc 1692 ). I do plan to pursue major litigation to the highest extent in district court with all of my documentary evidence on both parties if I do not have my property and title released to me within the next 7 days. Pursuant to ucc 3-302 I acted in good faith and the other person ( s ) involved did not. I have reason to believe and do so believe the other persons acted in bad faith with the sole purpose to defraud me of securities, federal funds, and property for financial gain. I also have reason to believe and do so believe that this pursuant to 15 usc 77b-1 because the term security is any note, stock, treasury stock XXXX security future, security-based swap, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. 15 usc 77b-a. This is you alls opportunity to cure return my property immediately. In closing i attempted to rectify this situation via attorney general but dealer refused to correct the issue so I had no choice but to escalate my efforts to recover what rightfully belongs to me, now that my means of traveling was stolen unlawfully to me. I demand a written response at your earliest convivence.","date_sent_to_company":"2021-12-02T05:24:22.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Auto debt","zip_code":"44111","tags":null,"has_narrative":true,"complaint_id":"4965301","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Lendmark Financial Services","date_received":"2021-12-02T00:04:16.000Z","state":"OH","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["I also have reason to believe and do so believe that this pursuant to 15 usc 77b-1 because the term <em>security</em> is any note, stock, treasury stock XXXX <em>security</em> future, <em>security</em>-based swap, bond, debenture, evidence of indebtedness, certificate of interest or <em>participation</em> in any profit-<em>sharing</em> agreement, collateral-trust certificate, preorganization certificate or subscription, transferable <em>share</em>, investment contract, voting-trust certificate, certificate of deposit for a <em>security</em>, fractional undivided"]},"sort":[13.789933,"4965301"]},{"_index":"complaint-public-v1","_id":"10247527","_score":13.658584,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681a - Definitions ; rules of construction Exclusions, giving me the right for the credit reporting Bureaus to not post my open accounts that means do not report late charges late payments, closed off accounts violation directly to my well-being integrity dignity Please provide me tge letter with my signature the written consent by me giving you access to my everyday, Transactions, not needed on my rports.\n\n12 U.S.C. 1813 ( q ) .12 CFR 32.2 32.5.\n\nCFPA section 1031 ( d ) sets forth the general standard for determining whether an act or practice is abusive.See12 U.S.C. 5531 ( d ) .Rule 11-508. Trade secrets A person may refuse to disclose and may prevent others from disclosing a trade secret owned by him. 27-2B-17 Public assistance.\n\n15 U.S.C.1681 ( a ) ( p ) 31-26-2. Purpose of Act.\n\nRecognizing the states concern for victims of crime, it is the purpose of the Victims of Crime Act to assure that : The full impact of a crime is brought to attention of a court.\n\nVictims of violent crimes are treated with dignity, respect and sensitivity at all stages of the criminal justice procesln Victims rights are protected by law enforcement agencies, prosecutors and judges as vigorously as are the rights of criminal defendants ; and The provisions of Article 2. Section 24 of the constitution of New Mexico are implemented in statute. \nBe treated with fairness and respect Timely disposition of the case Be reasonably protected from the accused throughout the criminal justiceprocess. \nMake a statement to the court at sentencing and at any post sentencing hearings for the accused. \nIf requested by the victim, of the necessity of the victims cooperation and testimony in a court proceeding that may necessitate the absence from work for good cause ; Information about the conviction ; sentencing ; imprisonment escape or release of the accused ;. a notice is required. As looking at all my past disputes I clearly have stated I never have received Any notice from XXXX XXXX XXXX or XXXX. \n15 U.S C.1681a p The notice required. 15 U.S C.1681 ( 2 ) Rule of construction To whom which is in Default : XXXX XXXX XXXX the case of default due process was not established nor did any provision of any principal or interest has not been approved by protection providers. All Parties in New contract also was not approved ederal banking agency determines that a renewal or restructuring was undertaken Speaking directly the phone is not allowed and is a violation of credit protection Act attempting to collect a a debt precludes any further collection action and infringement of Breach of privacy additional violation directly to damage my constitutional rights having XXXXXXXX XXXX  and XXXX XXXXXXXX XXXX Permanently deleted from all three Credit reporting Bureaus, XXXX XXXX, XXXX and Experian there investigations have proven that I am not responsible for this fraudulent practices in this case. \n86 FR 34617, XX/XX/XXXX ] ix ) A policy governing write-offs and settlements to include : Identification of agent ( s ) authorized to approve write-offs and settlements ; Authorization levels for write-offs and settlements of lines of credit instruments ; Required documentation for write-offs and settlements ; As we are bringing the following points of facts on the table and on Attorneys, notice required bysection 552a ( e ) ( 4 ) of title 5indicates that information in the system may be disclosed to aconsumer reporting agencyor commercial reporting agency, respectively. I ask you to recognize that your company has been already proven to have been deleted by 3 different investigations 3 different times and has documented each time that the account was sold. U.S. Code Title 31 SUBTITLE III 31 U.S. Code 3711 - Collection and compromise fraudulently witch means identity theft is clearly established you're the one who has stolen my identity and conspiracy against me intentionally harming my well-being integrity and Civil Liberties constitutional Rights as c a public body state agencie third-party entities acting for the Government discrimination against me also depriving me of my credit breaking policy and procedures Taking Unreasonable Advantage, as defined in the CFPA,. Under 1026.23 ( d ) ( 2 ), .for ensuring that appropriate referral and certificate of the controller of the monies and protection of the money with a signed New Contract by all parties including the Secretary of the Treasury . Reasonable Reliance : The third circumstance, of which entities can not take unreasonable advantage, as defined in the CFPA, concerns the reasonable reliance by the consumer on a covered person to act in the interests of the consumer.73 as well as notice of actions being taken to the transfer closure selling writing off of such account without the prior written consent and process of collection activity is void. In harassment and terrorists tactics against my I say under the color of law you are violating my Civil liberties constitutional Rights to understand I know my rights as well I am entitled to fairness and equal access to justice in the constitutional challenge of this violation of my constitutional rights and civil liberties, ( f ) if the derivativecontractrequires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under thecontractprovide that any required consent to transfer may not be unreasonably withheld ; and ( g ) if thecredit derivativeis a credit default swap, the derivative contract : ( i ) identifies the parties responsible for determining whether a credit event has occurred ; ( ii ) specifies that the determination is not the sole responsibility of the protection provider ; and ( iii ) gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event.\n\n( 8 ) '' Eligible guarantee '' means a guarantee that : ( a ) is written and unconditional ; ( b ) covers all or a pro rata portion of all contractual payments of the obligor on the reference exposure ; ( c ) gives the beneficiary a direct claim against the protection provider ; ( d ) is not unilaterally cancelable by the protection provider for reasons other than the beneficiary 's breach ofcontract ; ( e ) is legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection ; ( j ) a foreign banking organization ; ( k ) a non-U.S.-based securities firm or a non-U.S.-based insurance company that is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies ; and ( l ) aqualifying central counterparty.\n\n( 10 ) '' Eligible statebank '' means abankorganized under Montana laws that : ( a ) is well-capitalized as defined in the prompt corrective action rules applicable to thebank ; and ( b ) has a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System in connection with thebank 's most recent examination or subsequent review.\n\n( 11 ) '' Loans, '' \" extensions of credit, '' or \" obligations '' have the meaning in32-1-432, MCA , and any credit exposure determined under ARM2.59.129arising from aderivative transactionor a securities financing transaction.\n\n( a ) The terms include : ( i ) acontractual commitment to advance funds ; ( ii ) a maker or endorser 's obligation arising from abank 's discount of commercial paper ; ( iii ) abank 's purchase of third-party paper subject to an agreement that the seller will repurchase the paper upon default or at the end of a stated period. The amount of thebank 's loan is the total unpaid balance of the paper owned by thebankless any applicable dealer reserves retained by thebankand held by thebankas collateral security. Where the seller 's obligation to repurchase is limited, thebank 's loan is measured by the total amount of the paper the seller may ultimately be obligated to repurchase. Abank 's purchase of third-party paper without direct or indirect recourse to the seller is not a loan or extension of credit to the seller ; ( iv ) an overdraft, whether or not prearranged, but not an intraday overdraft for which payment is received before the close of business of thebankthat makes the funds available ; ( v ) the sale of federal funds with a maturity of more than one business day, but not federal funds with a maturity of one day or less or federal funds sold under a continuingcontract ; ( vi ) loansor extensions of credit that have been charged off on the books of thebankin whole or in part unless the loan or extension of credit is : ( A ) unenforceable by reason of discharge in bankruptcy ; ( B ) no longer legally enforceable because of expiration of the statute of limitations or a judicial decision ; or ( C ) no longer legally enforceable for other reasons provided that thebankmaintains sufficient records to demonstrate that the loan is unenforceable ; and The terms and conditions dictating the manner in which the derivative contract is to be settled are incorporated into the contract ; ( 5 ) If the derivative contract allows for cash settlement, the contract incorporates a robust valuation process to estimate loss with respect to the derivative reliably and specifies a reasonable period for obtaining post-credit event valuations of the reference exposure ; ( 6 ) If the derivative contract requires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under the contract provides that any required consent to transfer may not be unreasonably withheld ; and ( 7 ) If the credit derivative is a credit default swap, the derivative contract clearly identifies the parties responsible for determining whether a credit event has occurred, specifies that this determination is not the sole responsibility of the protection provider, and gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limits ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, partqcipants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; s legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection on the guarantee in response to deterioration in the credit quality of the reference exposure ; and ( h ) is not provided by an affiliate of thebank, unless the affiliate is an insured depository institution, bank, securities broker or dealer, or insurance company that : ( i ) does not control thebank; and ( ii ) is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies as applicable Again you didn't have authority to control the selling closing of our agreement didn't create any contract and withheld information for reasonable consumer not aware of any disputes or pro- rata. No legal action was given to you in any court of Law, strong arming my credit report when not allowed. Please remove all inquiries from my credit report and not in compliance with applicable consumer credit information for the Government of United States protection providers in writing off the agreement with BORROWER. \nXXXX XXXX XXXX  has sold the account without proper policy and procedures no notice letters of communication. No certificate from the Secretary of the treasury Authorizing Permission to sell close account This account has been on and off of my reports through The year harassment and damaging to my credit.\n\nOpen accounts that are going on now that I am still paying on and on. Going are being reported which do not need to be reported because because of exclusion and disclosure. And I never gave cassette to do anyconstantly harassing me constantly violating my rights. I'm reporting a business transaction when it's an LLC and it's not even in my name, it's KG 's l l c how could that be fair reporting. Depriving me of credit and what they wrote when I read my credit report is far from fait 's no wonder I can't access any credit.Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or I my sue as Above Law 's state. Hopefully the State and Federal regulations will make decisions on how much responsibility is being made by LENDER must notify debtor.\n\n5 U.S. Code 1692k U.S. Code Title 12 CHAPTER 35 3412 Title 12 U.S. Code 3412 - Use of information U.S. Code ( a ) Transfer of financial records to other agencies or departments ; certification Financial records originally obtained pursuant to this chapter shall not be transferred to another agency or department unless the transferring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimatelaw enforcement inquiry, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism within the jurisdiction of the receiving agency or department.\n\n( b ) Mailing of copy of certification and notice to customer Whenfinancial recordssubject to this chapter are transferred pursuant to subsection ( a ), the transferring agency or department shall, within fourteen days, send to thecustomera copy of the certification made pursuant to subsection ( a ) and the following notice, which shall state the nature of thelaw enforcement inquirywith reasonable specificity : Copies of, or information contained in, yourfinancial recordslawfully in possession of have been furnished to pursuant to the Right of FinancialPrivacy Actof [ 12 U.S.C. 3401et seq. ] for the following purpose :. If you believe that this transfer has not been made to further a legitimatelaw enforcement inquiry, you may have legal rights under the FinancialPrivacy Actof 1978 or thePrivacy Act of 1974 [ 5 U.S.C. 552a ].\n\n( c ) Court-ordered delays in mailing Notwithstanding subsection ( b ), notice to thecustomermay be delayed if the transferring agency or department has obtained a court order delaying notice pursuant to section 3409 ( a ) and ( b ) of this title and that order is still in effect, or if the receiving agency or department obtains a court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title. Upon the expiration of any such period of delay, the transferring agency or department shall serve to thecustomerthe notice specified in subsection ( b ) and the agency or department that obtained the court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title shall serve to thecustomerthe notice specified insection 3409 ( b ) of this title.\n\n( d ) Exchanges of examination reports by supervisory agencies ; transfer of financial records to defend customer action ; withholding of information Nothing in this chapter prohibits anysupervisory agencyfrom exchanging examination reports or other information with anothersupervisory agency. Nothing in this chapter prohibits the transfer of acustomersfinancial recordsneeded by counsel for aGovernment authorityto defend an action brought by thecustomer.Nothing in this chapter shall authorize the withholding of information by any officer or employee of asupervisory agencyfrom a duly authorized committee or subcommittee of theCongress.\n\n( e ) Exchange of records, reports, or other information Notwithstandingsection 3401 ( 6 ) [ 1 ] of this title or any other provision of law, the exchange offinancial records, examination reports or other information with respect to a financial institution, holding company, or any subsidiary of a depository institution orholding company, among and between the five member supervisory agencies of the Federal Financial Institutions Examination Council, theSecurities and Exchange Commission, theFederal Trade Commission, theCommodity Futures Trading Commission, and the Bureau of Consumer Financial Protection is permitted.\n\n( f ) Transfer to Attorney General or Secretary of the Treasury ( 1 ) In generalNothing in this chapter shall apply whenfinancial recordsobtained by an agency or department of the United States are disclosed or transferred to the Attorney General or the Secretary of the Treasury upon the certification by a supervisory level official of the transferring agency or department that ( A ) there is reason to believe that the records may be relevant to a violation of Federal criminal law ; and ( B ) the records were obtained in the exercise of the agencys or departments supervisory or regulatory functions.\n\n( 2 ) Limitation on use Records so transferred shall be used only for criminal investigative or prosecutive purposes, for civil actions undersection 1833a of this title, or for forfeiture under sections [ 2 ] 981 or 982 of title 18 by theDepartment of Justiceand only for criminal investigative purposes relating to money laundering and other financial crimes by theDepartment of the Treasuryand shall, upon completion of the investigation or prosecution ( including any appeal ), be returned only to the transferring agency or department. No agency or department so transferring such records shall be deemed to have waived any privilege applicable to those records under law.\n\n( Pub. L. 95630, title XI, 1112, Nov. 10, 1978,92 Stat. 3705 ; Pub. L. 97320, title IV, 432 ( a ), Oct. 15, 1982,96 Stat. 1527 ; Pub. L. 100690, title VI, 6186 ( b ), Nov. 18, 1988,102 Stat. 4357 ; Pub. L. 10173, title IX, 944, Aug. 9, 1989,103 Stat. 498 ; Pub. L. 102242, title IV, 411 ( 1 ), Dec. 19, 1991,105 Stat. 2375 ; Pub. L. 102550, title XV, 1516, title XVI, 1606 ( b ), Oct. 28, 1992,106 Stat. 4059, 4087 ; Pub. L. 106102, title II, 231 ( b ) ( 2 ), title VII, 727 ( b ) ( 2 ), Nov. 12, 1999,113 Stat. 1407, 1475 ; Pub. L. 10756, title III, 358 ( f ) ( 1 ), Oct. 26, 2001,115 Stat. 327 ; Pub. L. 109455, 10, 13, Dec. 22, 2006,120 Stat. 3381, 3382 ; Pub. L. 111203, title X, 1099 ( 2 ), July 21, 2010,124 Stat. 2105 ; Pub. L. 112203, 1, Dec. 4, 2012,126 Stat. 1484 Remove your company from my credit report thank you. \n\nXXXX XXXX","date_sent_to_company":"2024-09-25T10:17:58.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"87301","tags":null,"has_narrative":true,"complaint_id":"10247527","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-09-25T10:17:55.000Z","state":"NM","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":[": ( A ) that portion of aloanor extension of credit sold as a <em>participation</em> by abankon a nonrecourse basis, provided that the <em>participation</em> results in a pro rata <em>sharing</em> of credit risk proportionate to the respective interests of the originating and participating lenders."]},"sort":[13.658584,"10247527"]},{"_index":"complaint-public-v1","_id":"10244917","_score":13.617266,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681a - Definitions ; rules of construction Exclusions, giving me the right for the credit reporting Bureaus to not post my open accounts that means do not report late charges late payments, closed off accounts violation directly to my well-being integrity dignity Please provide me tge letter with my signature the written consent by me giving you access to my everyday, Transactions, not needed on my rports. \n12 U.S.C. 1813 ( q ) .12 CFR 32.2 32.5.\n\nCFPA section 1031 ( d ) sets forth the general standard for determining whether an act or practice is abusive.See12 U.S.C. 5531 ( d ) .Rule 11-508. Trade secrets A person may refuse to disclose and may prevent others from disclosing a trade secret owned by him. 27-2B-17 Public assistance.\n\n15 U.S.C.1681 ( a ) ( p ) 31-26-2. Purpose of Act.\n\nRecognizing the states concern for victims of crime, it is the purpose of the Victims of Crime Act to assure that : The full impact of a crime is brought to attention of a court. \nVictims of violent crimes are treated with dignity, respect and sensitivity at all stages of the criminal justice procesln Victims rights are protected by law enforcement agencies, prosecutors and judges as vigorously as are the rights of criminal defendants ; and The provisions of Article 2. Section 24 of the constitution of New Mexico are implemented in statute. \nBe treated with fairness and respect Timely disposition of the case Be reasonably protected from the accused throughout the criminal justiceprocess. \nMake a statement to the court at sentencing and at any post sentencing hearings for the accused. \nIf requested by the victim, of the necessity of the victims cooperation and testimony in a court proceeding that may necessitate the absence from work for good cause ; Information about the conviction ; sentencing ; imprisonment escape or release of the accused ;. a notice is required. As looking at all my past disputes I clearly have stated I never have received Any notice from XXXX XXXX XXXX or XXXX. \n15 U.S C.1681a p The notice required. 15 U.S C.1681 ( 2 ) Rule of construction To whom which is in Default : XXXX XXXX in the case of default due process was not established nor did any provision of any principal or interest has not been approved by protection providers. All Parties in New contract also was not approved ederal banking agency determines that a renewal or restructuring was undertaken Speaking directly the phone is not allowed and is a violation of credit protection Act attempting to collect a a debt precludes any further collection action and infringement of Breach of privacy additional violation directly to damage my constitutional rights having XXXX XXXX  and XXXX XXXXXXXX XXXX Permanently deleted from all three Credit reporting Bureaus, Equifax INC, XXXX and XXXX there investigations have proven that I am not responsible for this fraudulent practices in this case. \n86 FR 34617, XX/XX/XXXX ] ix ) A policy governing write-offs and settlements to include : Identification of agent ( s ) authorized to approve write-offs and settlements ; Authorization levels for write-offs and settlements of lines of credit instruments ; Required documentation for write-offs and settlements ; As we are bringing the following points of facts on the table and on Attorneys, notice required bysection 552a ( e ) ( 4 ) of title 5indicates that information in the system may be disclosed to aconsumer reporting agencyor commercial reporting agency, respectively. I ask you to recognize that your company has been already proven to have been deleted by 3 different investigations 3 different times and has documented each time that the account was sold. U.S. Code Title 31 SUBTITLE III 31 U.S. Code 3711 - Collection and compromise fraudulently witch means identity theft is clearly established you're the one who has stolen my identity and conspiracy against me intentionally harming my well-being integrity and Civil Liberties constitutional Rights as c a public body state agencie third-party entities acting for the Government discrimination against me also depriving me of my credit breaking policy and procedures Taking Unreasonable Advantage, as defined in the CFPA,. Under 1026.23 ( d ) ( 2 ), .for ensuring that appropriate referral and certificate of the controller of the monies and protection of the money with a signed New Contract by all parties including the Secretary of the Treasury . Reasonable Reliance : The third circumstance, of which entities can not take unreasonable advantage, as defined in the CFPA, concerns the reasonable reliance by the consumer on a covered person to act in the interests of the consumer.73 as well as notice of actions being taken to the transfer closure selling writing off of such account without the prior written consent and process of collection activity is void. In harassment and terrorists tactics against my I say under the color of law you are violating my Civil liberties constitutional Rights to understand I know my rights as well I am entitled to fairness and equal access to justice in the constitutional challenge of this violation of my constitutional rights and civil liberties, ( f ) if the derivativecontractrequires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under thecontractprovide that any required consent to transfer may not be unreasonably withheld ; and ( g ) if thecredit derivativeis a credit default swap, the derivative contract : ( i ) identifies the parties responsible for determining whether a credit event has occurred ; ( ii ) specifies that the determination is not the sole responsibility of the protection provider ; and ( iii ) gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event.\n\n( 8 ) '' Eligible guarantee '' means a guarantee that : ( a ) is written and unconditional ; ( b ) covers all or a pro rata portion of all contractual payments of the obligor on the reference exposure ; ( c ) gives the beneficiary a direct claim against the protection provider ; ( d ) is not unilaterally cancelable by the protection provider for reasons other than the beneficiary 's breach ofcontract ; ( e ) is legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection ; ( j ) a foreign banking organization ; ( k ) a non-U.S.-based securities firm or a non-U.S.-based insurance company that is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies ; and ( l ) aqualifying central counterparty.\n\n( 10 ) '' Eligible statebank '' means abankorganized under Montana laws that : ( a ) is well-capitalized as defined in the prompt corrective action rules applicable to thebank ; and ( b ) has a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System in connection with thebank 's most recent examination or subsequent review.\n\n( 11 ) '' Loans, '' \" extensions of credit, '' or \" obligations '' have the meaning in32-1-432, MCA , and any credit exposure determined under ARM2.59.129arising from aderivative transactionor a securities financing transaction.\n\n( a ) The terms include : ( i ) acontractual commitment to advance funds ; ( ii ) a maker or endorser 's obligation arising from abank 's discount of commercial paper ; ( iii ) abank 's purchase of third-party paper subject to an agreement that the seller will repurchase the paper upon default or at the end of a stated period. The amount of thebank 's loan is the total unpaid balance of the paper owned by thebankless any applicable dealer reserves retained by thebankand held by thebankas collateral security. Where the seller 's obligation to repurchase is limited, thebank 's loan is measured by the total amount of the paper the seller may ultimately be obligated to repurchase. Abank 's purchase of third-party paper without direct or indirect recourse to the seller is not a loan or extension of credit to the seller ; ( iv ) an overdraft, whether or not prearranged, but not an intraday overdraft for which payment is received before the close of business of thebankthat makes the funds available ; ( v ) the sale of federal funds with a maturity of more than one business day, but not federal funds with a maturity of one day or less or federal funds sold under a continuingcontract ; ( vi ) loansor extensions of credit that have been charged off on the books of thebankin whole or in part unless the loan or extension of credit is : ( A ) unenforceable by reason of discharge in bankruptcy ; ( B ) no longer legally enforceable because of expiration of the statute of limitations or a judicial decision ; or ( C ) no longer legally enforceable for other reasons provided that thebankmaintains sufficient records to demonstrate that the loan is unenforceable ; and The terms and conditions dictating the manner in which the derivative contract is to be settled are incorporated into the contract ; ( 5 ) If the derivative contract allows for cash settlement, the contract incorporates a robust valuation process to estimate loss with respect to the derivative reliably and specifies a reasonable period for obtaining post-credit event valuations of the reference exposure ; ( 6 ) If the derivative contract requires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under the contract provides that any required consent to transfer may not be unreasonably withheld ; and ( 7 ) If the credit derivative is a credit default swap, the derivative contract clearly identifies the parties responsible for determining whether a credit event has occurred, specifies that this determination is not the sole responsibility of the protection provider, and gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limits ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, partqcipants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; s legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection on the guarantee in response to deterioration in the credit quality of the reference exposure ; and ( h ) is not provided by an affiliate of thebank, unless the affiliate is an insured depository institution, bank, securities broker or dealer, or insurance company that : ( i ) does not control thebank; and ( ii ) is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies as applicable Again you didn't have authority to control the selling closing of our agreement didn't create any contract and withheld information for reasonable consumer not aware of any disputes or pro- rata. No legal action was given to you in any court of Law, strong arming my credit report when not allowed. Please remove all inquiries from my credit report and not in compliance with applicable consumer credit information for the Government of United States protection providers in writing off the agreement with BORROWER. \nXXXX XXXXXXXX XXXX  has sold the account without proper policy and procedures no notice letters of communication. No certificate from the Secretary of the treasury Authorizing Permission to sell close account This account has been on and off of my reports through The year harassment and damaging to my credit. \nOpen accounts that are going on now that I am still paying on and on. Going are being reported which do not need to be reported because because of exclusion and disclosure. And I never gave cassette to do anyconstantly harassing me constantly violating my rights. I'm reporting a business transaction when it's an LLC and it's not even in my name, it's KG 's l l c how could that be fair reporting. Depriving me of credit and what they wrote when I read my credit report is far from fait 's no wonder I can't access any credit.Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or I my sue as Above Law 's state. Hopefully the State and Federal regulations will make decisions on how much responsibility is being made by LENDER must notify debtor.\n\n5 U.S. Code 1692k U.S. Code Title 12 CHAPTER 35 3412 Title 12 U.S. Code 3412 - Use of information U.S. Code ( a ) Transfer of financial records to other agencies or departments ; certification Financial records originally obtained pursuant to this chapter shall not be transferred to another agency or department unless the transferring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimatelaw enforcement inquiry, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism within the jurisdiction of the receiving agency or department. \n\n( b ) Mailing of copy of certification and notice to customer Whenfinancial recordssubject to this chapter are transferred pursuant to subsection ( a ), the transferring agency or department shall, within fourteen days, send to thecustomera copy of the certification made pursuant to subsection ( a ) and the following notice, which shall state the nature of thelaw enforcement inquirywith reasonable specificity : Copies of, or information contained in, yourfinancial recordslawfully in possession of have been furnished to pursuant to the Right of FinancialPrivacy Actof [ 12 U.S.C. 3401et seq. ] for the following purpose :. If you believe that this transfer has not been made to further a legitimatelaw enforcement inquiry, you may have legal rights under the FinancialPrivacy Actof 1978 or thePrivacy Act of 1974 [ 5 U.S.C. 552a ].\n\n( c ) Court-ordered delays in mailing Notwithstanding subsection ( b ), notice to thecustomermay be delayed if the transferring agency or department has obtained a court order delaying notice pursuant to section 3409 ( a ) and ( b ) of this title and that order is still in effect, or if the receiving agency or department obtains a court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title. Upon the expiration of any such period of delay, the transferring agency or department shall serve to thecustomerthe notice specified in subsection ( b ) and the agency or department that obtained the court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title shall serve to thecustomerthe notice specified insection 3409 ( b ) of this title.\n\n( d ) Exchanges of examination reports by supervisory agencies ; transfer of financial records to defend customer action ; withholding of information Nothing in this chapter prohibits anysupervisory agencyfrom exchanging examination reports or other information with anothersupervisory agency. Nothing in this chapter prohibits the transfer of acustomersfinancial recordsneeded by counsel for aGovernment authorityto defend an action brought by thecustomer.Nothing in this chapter shall authorize the withholding of information by any officer or employee of asupervisory agencyfrom a duly authorized committee or subcommittee of theCongress.\n\n( e ) Exchange of records, reports, or other information Notwithstandingsection 3401 ( 6 ) [ 1 ] of this title or any other provision of law, the exchange offinancial records, examination reports or other information with respect to a financial institution, holding company, or any subsidiary of a depository institution orholding company, among and between the five member supervisory agencies of the Federal Financial Institutions Examination Council, theSecurities and Exchange Commission, theFederal Trade Commission, theCommodity Futures Trading Commission, and the Bureau of Consumer Financial Protection is permitted.\n\n( f ) Transfer to Attorney General or Secretary of the Treasury ( 1 ) In generalNothing in this chapter shall apply whenfinancial recordsobtained by an agency or department of the United States are disclosed or transferred to the Attorney General or the Secretary of the Treasury upon the certification by a supervisory level official of the transferring agency or department that ( A ) there is reason to believe that the records may be relevant to a violation of Federal criminal law ; and ( B ) the records were obtained in the exercise of the agencys or departments supervisory or regulatory functions.\n\n( 2 ) Limitation on use Records so transferred shall be used only for criminal investigative or prosecutive purposes, for civil actions undersection 1833a of this title, or for forfeiture under sections [ 2 ] 981 or 982 of title 18 by theDepartment of Justiceand only for criminal investigative purposes relating to money laundering and other financial crimes by theDepartment of the Treasuryand shall, upon completion of the investigation or prosecution ( including any appeal ), be returned only to the transferring agency or department. No agency or department so transferring such records shall be deemed to have waived any privilege applicable to those records under law. \n\n( Pub. L. 95630, title XI, 1112, Nov. 10, 1978,92 Stat. 3705 ; Pub. L. 97320, title IV, 432 ( a ), Oct. 15, 1982,96 Stat. 1527 ; Pub. L. 100690, title VI, 6186 ( b ), Nov. 18, 1988,102 Stat. 4357 ; Pub. L. 10173, title IX, 944, Aug. 9, 1989,103 Stat. 498 ; Pub. L. 102242, title IV, 411 ( 1 ), Dec. 19, 1991,105 Stat. 2375 ; Pub. L. 102550, title XV, 1516, title XVI, 1606 ( b ), Oct. 28, 1992,106 Stat. 4059, 4087 ; Pub. L. 106102, title II, 231 ( b ) ( 2 ), title VII, 727 ( b ) ( 2 ), Nov. 12, 1999,113 Stat. 1407, 1475 ; Pub. L. 10756, title III, 358 ( f ) ( 1 ), Oct. 26, 2001,115 Stat. 327 ; Pub. L. 109455, 10, 13, Dec. 22, 2006,120 Stat. 3381, 3382 ; Pub. L. 111203, title X, 1099 ( 2 ), July 21, 2010,124 Stat. 2105 ; Pub. L. 112203, 1, Dec. 4, 2012,126 Stat. 1484 Remove your company from my credit report thank you. \n\nXXXX XXXX","date_sent_to_company":"2024-09-25T10:17:46.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"87301","tags":null,"has_narrative":true,"complaint_id":"10244917","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-09-25T09:48:49.000Z","state":"NM","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":[": ( A ) that portion of aloanor extension of credit sold as a <em>participation</em> by abankon a nonrecourse basis, provided that the <em>participation</em> results in a pro rata <em>sharing</em> of credit risk proportionate to the respective interests of the originating and participating lenders."]},"sort":[13.617266,"10244917"]},{"_index":"complaint-public-v1","_id":"10247528","_score":13.595851,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681a - Definitions ; rules of construction Exclusions, giving me the right for the credit reporting Bureaus to not post my open accounts that means do not report late charges late payments, closed off accounts violation directly to my well-being integrity dignity Please provide me tge letter with my signature the written consent by me giving you access to my everyday, Transactions, not needed on my rports.\n\n12 U.S.C. 1813 ( q ) .12 CFR 32.2 32.5.\n\nCFPA section 1031 ( d ) sets forth the general standard for determining whether an act or practice is abusive.See12 U.S.C. 5531 ( d ) .Rule 11-508. Trade secrets A person may refuse to disclose and may prevent others from disclosing a trade secret owned by him. 27-2B-17 Public assistance.\n\n15 U.S.C.1681 ( a ) ( p ) 31-26-2. Purpose of Act.\n\nRecognizing the states concern for victims of crime, it is the purpose of the Victims of Crime Act to assure that : The full impact of a crime is brought to attention of a court.\n\nVictims of violent crimes are treated with dignity, respect and sensitivity at all stages of the criminal justice procesln Victims rights are protected by law enforcement agencies, prosecutors and judges as vigorously as are the rights of criminal defendants ; and The provisions of Article 2. Section 24 of the constitution of New Mexico are implemented in statute. \nBe treated with fairness and respect Timely disposition of the case Be reasonably protected from the accused throughout the criminal justiceprocess. \nMake a statement to the court at sentencing and at any post sentencing hearings for the accused. \nIf requested by the victim, of the necessity of the victims cooperation and testimony in a court proceeding that may necessitate the absence from work for good cause ; Information about the conviction ; sentencing ; imprisonment escape or release of the accused ;. a notice is required. As looking at all my past disputes I clearly have stated I never have received Any notice from XXXX XXXX XXXX or XXXX. \n15 U.S C.1681a p The notice required. 15 U.S C.1681 ( 2 ) Rule of construction To whom which is in Default : XXXX XXXX XXXX the case of default due process was not established nor did any provision of any principal or interest has not been approved by protection providers. All Parties in New contract also was not approved XXXX banking XXXX determines that a renewal or restructuring was undertaken Speaking directly the phone is not allowed and is a violation of credit protection Act attempting to collect a a debt precludes any further collection action and infringement of Breach of privacy additional violation directly to damage my constitutional rights having XXXXXXXX XXXX  and XXXX XXXX XXXX Permanently deleted from all three Credit reporting Bureaus, XXXX XXXX, Transunion and XXXX there investigations have proven that I am not responsible for this fraudulent practices in this case. \n86 FR 34617, XXXX XXXX XXXX  ] ix ) A policy governing write-offs and settlements to include : Identification of agent ( s ) authorized to approve write-offs and settlements ; Authorization levels for write-offs and settlements of lines of credit instruments ; Required documentation for write-offs and settlements ; As we are bringing the following points of facts on the table and on Attorneys, notice required bysection 552a ( e ) ( 4 ) of title 5indicates that information in the system may be disclosed to aconsumer reporting agencyor commercial reporting agency, respectively. I ask you to recognize that your company has been already proven to have been deleted by 3 different investigations 3 different times and has documented each time that the account was sold. U.S. Code Title 31 SUBTITLE III 31 U.S. Code 3711 - Collection and compromise fraudulently witch means identity theft is clearly established you're the one who has stolen my identity and conspiracy against me intentionally harming my well-being integrity and Civil Liberties constitutional Rights as c a public body state agencie third-party entities acting for the Government discrimination against me also depriving me of my credit breaking policy and procedures Taking Unreasonable Advantage, as defined in the CFPA,. Under 1026.23 ( d ) ( 2 ), .for ensuring that appropriate referral and certificate of the controller of the monies and protection of the money with a signed New Contract by all parties including the Secretary of the Treasury . Reasonable Reliance : The third circumstance, of which entities can not take unreasonable advantage, as defined in the CFPA, concerns the reasonable reliance by the consumer on a covered person to act in the interests of the consumer.73 as well as notice of actions being taken to the transfer closure selling writing off of such account without the prior written consent and process of collection activity is void. In harassment and terrorists tactics against my I say under the color of law you are violating my Civil liberties constitutional Rights to understand I know my rights as well I am entitled to fairness and equal access to justice in the constitutional challenge of this violation of my constitutional rights and civil liberties, ( f ) if the derivativecontractrequires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under thecontractprovide that any required consent to transfer may not be unreasonably withheld ; and ( g ) if thecredit derivativeis a credit default swap, the derivative contract : ( i ) identifies the parties responsible for determining whether a credit event has occurred ; ( ii ) specifies that the determination is not the sole responsibility of the protection provider ; and ( iii ) gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event. \n\n( 8 ) '' Eligible guarantee '' means a guarantee that : ( a ) is written and unconditional ; ( b ) covers all or a pro rata portion of all contractual payments of the obligor on the reference exposure ; ( c ) gives the beneficiary a direct claim against the protection provider ; ( d ) is not unilaterally cancelable by the protection provider for reasons other than the beneficiary 's breach ofcontract ; ( e ) is legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection ; ( j ) a foreign banking organization ; ( k ) a non-U.S.-based securities firm or a non-U.S.-based insurance company that is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies ; and ( l ) aqualifying central counterparty.\n\n( 10 ) '' Eligible statebank '' means abankorganized under Montana laws that : ( a ) is well-capitalized as defined in the prompt corrective action rules applicable to thebank ; and ( b ) has a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System in connection with thebank 's most recent examination or subsequent review.\n\n( 11 ) '' Loans, '' \" extensions of credit, '' or \" obligations '' have the meaning in32-1-432, MCA , and any credit exposure determined under ARM2.59.129arising from aderivative transactionor a securities financing transaction.\n\n( a ) The terms include : ( i ) acontractual commitment to advance funds ; ( ii ) a maker or endorser 's obligation arising from abank 's discount of commercial paper ; ( iii ) abank 's purchase of third-party paper subject to an agreement that the seller will repurchase the paper upon default or at the end of a stated period. The amount of thebank 's loan is the total unpaid balance of the paper owned by thebankless any applicable dealer reserves retained by thebankand held by thebankas collateral security. Where the seller 's obligation to repurchase is limited, thebank 's loan is measured by the total amount of the paper the seller may ultimately be obligated to repurchase. Abank 's purchase of third-party paper without direct or indirect recourse to the seller is not a loan or extension of credit to the seller ; ( iv ) an overdraft, whether or not prearranged, but not an intraday overdraft for which payment is received before the close of business of thebankthat makes the funds available ; ( v ) the sale of federal funds with a maturity of more than one business day, but not federal funds with a maturity of one day or less or federal funds sold under a continuingcontract ; ( vi ) loansor extensions of credit that have been charged off on the books of thebankin whole or in part unless the loan or extension of credit is : ( A ) unenforceable by reason of discharge in bankruptcy ; ( B ) no longer legally enforceable because of expiration of the statute of limitations or a judicial decision ; or ( C ) no longer legally enforceable for other reasons provided that thebankmaintains sufficient records to demonstrate that the loan is unenforceable ; and The terms and conditions dictating the manner in which the derivative contract is to be settled are incorporated into the contract ; ( 5 ) If the derivative contract allows for cash settlement, the contract incorporates a robust valuation process to estimate loss with respect to the derivative reliably and specifies a reasonable period for obtaining post-credit event valuations of the reference exposure ; ( 6 ) If the derivative contract requires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under the contract provides that any required consent to transfer may not be unreasonably withheld ; and ( 7 ) If the credit derivative is a credit default swap, the derivative contract clearly identifies the parties responsible for determining whether a credit event has occurred, specifies that this determination is not the sole responsibility of the protection provider, and gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limits ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, partqcipants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; s legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection on the guarantee in response to deterioration in the credit quality of the reference exposure ; and ( h ) is not provided by an affiliate of thebank, unless the affiliate is an insured depository institution, bank, securities broker or dealer, or insurance company that : ( i ) does not control thebank; and ( ii ) is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies as applicable Again you didn't have authority to control the selling closing of our agreement didn't create any contract and withheld information for reasonable consumer not aware of any disputes or pro- rata. No legal action was given to you in any court of Law, strong arming my credit report when not allowed. Please remove all inquiries from my credit report and not in compliance with applicable consumer credit information for the Government of United States protection providers in writing off the agreement with BORROWER. \nXXXX XXXXXXXX XXXX has sold the account without proper policy and procedures no notice letters of communication. No certificate from the Secretary of the treasury Authorizing Permission to sell close account This account has been on and off of my reports through The year harassment and damaging to my credit. \nOpen accounts that are going on now that I am still paying on and on. Going are being reported which do not need to be reported because because of exclusion and disclosure. And I never gave cassette to do anyconstantly harassing me constantly violating my rights. I'm reporting a business transaction when it's an LLC and it's not even in my name, it's KG 's l l c how could that be fair reporting. Depriving me of credit and what they wrote when I read my credit report is far from fait 's no wonder I can't access any credit.Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or I my sue as Above Law 's state. Hopefully the State and Federal regulations will make decisions on how much responsibility is being made by LENDER must notify debtor.\n\n5 U.S. Code 1692k U.S. Code Title 12 CHAPTER 35 3412 Title 12 U.S. Code 3412 - Use of information U.S. Code ( a ) Transfer of financial records to other agencies or departments ; certification Financial records originally obtained pursuant to this chapter shall not be transferred to another agency or department unless the transferring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimatelaw enforcement inquiry, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism within the jurisdiction of the receiving agency or department.\n\n( b ) Mailing of copy of certification and notice to customer Whenfinancial recordssubject to this chapter are transferred pursuant to subsection ( a ), the transferring agency or department shall, within fourteen days, send to thecustomera copy of the certification made pursuant to subsection ( a ) and the following notice, which shall state the nature of thelaw enforcement inquirywith reasonable specificity : Copies of, or information contained in, yourfinancial recordslawfully in possession of have been furnished to pursuant to the Right of FinancialPrivacy Actof [ 12 U.S.C. 3401et seq. ] for the following purpose :. If you believe that this transfer has not been made to further a legitimatelaw enforcement inquiry, you may have legal rights under the FinancialPrivacy Actof 1978 or thePrivacy Act of 1974 [ 5 U.S.C. 552a ].\n\n( c ) Court-ordered delays in mailing Notwithstanding subsection ( b ), notice to thecustomermay be delayed if the transferring agency or department has obtained a court order delaying notice pursuant to section 3409 ( a ) and ( b ) of this title and that order is still in effect, or if the receiving agency or department obtains a court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title. Upon the expiration of any such period of delay, the transferring agency or department shall serve to thecustomerthe notice specified in subsection ( b ) and the agency or department that obtained the court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title shall serve to thecustomerthe notice specified insection 3409 ( b ) of this title.\n\n( d ) Exchanges of examination reports by supervisory agencies ; transfer of financial records to defend customer action ; withholding of information Nothing in this chapter prohibits anysupervisory agencyfrom exchanging examination reports or other information with anothersupervisory agency. Nothing in this chapter prohibits the transfer of acustomersfinancial recordsneeded by counsel for aGovernment authorityto defend an action brought by thecustomer.Nothing in this chapter shall authorize the withholding of information by any officer or employee of asupervisory agencyfrom a duly authorized committee or subcommittee of theCongress. \n\n( e ) Exchange of records, reports, or other information Notwithstandingsection 3401 ( 6 ) [ 1 ] of this title or any other provision of law, the exchange offinancial records, examination reports or other information with respect to a financial institution, holding company, or any subsidiary of a depository institution orholding company, among and between the five member supervisory agencies of the Federal Financial Institutions Examination Council, theSecurities and Exchange Commission, theFederal Trade Commission, theCommodity Futures Trading Commission, and the Bureau of Consumer Financial Protection is permitted. \n\n( f ) Transfer to Attorney General or Secretary of the Treasury ( 1 ) In generalNothing in this chapter shall apply whenfinancial recordsobtained by an agency or department of the United States are disclosed or transferred to the Attorney General or the Secretary of the Treasury upon the certification by a supervisory level official of the transferring agency or department that ( A ) there is reason to believe that the records may be relevant to a violation of Federal criminal law ; and ( B ) the records were obtained in the exercise of the agencys or departments supervisory or regulatory functions. \n\n( 2 ) Limitation on use Records so transferred shall be used only for criminal investigative or prosecutive purposes, for civil actions undersection 1833a of this title, or for forfeiture under sections [ 2 ] 981 or 982 of title 18 by theDepartment of Justiceand only for criminal investigative purposes relating to money laundering and other financial crimes by theDepartment of the Treasuryand shall, upon completion of the investigation or prosecution ( including any appeal ), be returned only to the transferring agency or department. No agency or department so transferring such records shall be deemed to have waived any privilege applicable to those records under law. \n\n( Pub. L. 95630, title XI, 1112, Nov. 10, 1978,92 Stat. 3705 ; Pub. L. 97320, title IV, 432 ( a ), Oct. 15, 1982,96 Stat. 1527 ; Pub. L. 100690, title VI, 6186 ( b ), Nov. 18, 1988,102 Stat. 4357 ; Pub. L. 10173, title IX, 944, Aug. 9, 1989,103 Stat. 498 ; Pub. L. 102242, title IV, 411 ( 1 ), Dec. 19, 1991,105 Stat. 2375 ; Pub. L. 102550, title XV, 1516, title XVI, 1606 ( b ), Oct. 28, 1992,106 Stat. 4059, 4087 ; Pub. L. 106102, title II, 231 ( b ) ( 2 ), title VII, 727 ( b ) ( 2 ), Nov. 12, 1999,113 Stat. 1407, 1475 ; Pub. L. 10756, title III, 358 ( f ) ( 1 ), Oct. 26, 2001,115 Stat. 327 ; Pub. L. 109455, 10, 13, Dec. 22, 2006,120 Stat. 3381, 3382 ; Pub. L. 111203, title X, 1099 ( 2 ), July 21, 2010,124 Stat. 2105 ; Pub. L. 112203, 1, Dec. 4, 2012,126 Stat. 1484 Remove your company from my credit report thank you. \n\nXXXX XXXX","date_sent_to_company":"2024-09-25T10:17:58.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"87301","tags":null,"has_narrative":true,"complaint_id":"10247528","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-09-25T10:17:55.000Z","state":"NM","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":[": ( A ) that portion of aloanor extension of credit sold as a <em>participation</em> by abankon a nonrecourse basis, provided that the <em>participation</em> results in a pro rata <em>sharing</em> of credit risk proportionate to the respective interests of the originating and participating lenders."]},"sort":[13.595851,"10247528"]},{"_index":"complaint-public-v1","_id":"10391880","_score":13.022927,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Flagship Credit XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Federal Trade Commission Fraud Report number : XXXX Settlement Demand : Due to your actions, the Plaintiff is requesting a settlement payment of {$46000.00} to be issued via check and mailed to the address listed below. This proposal is intended to resolve this matter amicably and avoid litigation, remaining valid for a period of 14 days from the Effective Date. I assert that this amount is justifiable, considering the severity of the violations that have occurred over the past XXXX years. \n\n\" Predatory lending '' is a term typically used to describe unconscionable lending practices where a borrower is provided with an unfair loan. The Office of the Comptroller of the Currency ( OCC ), which regulates and supervises all national banks and federal savings associations, has described predatory lending as the disregard of basic principles of loan underwriting.\n\nTILA lists several disclosures that must be provided to the borrower, and if the creditor doesn't do so, it will be liable to pay damages in an amount equal to the sum of the following : any actual damages sustained by a person as a result of the failure, and statutory damages ( limited to twice the finance charge, but not less than {$400.00} and not more than {$4000.00} ).\n\n( 15 U.S.C. 1640 [ a ] [ 1 ], [ 2 ] ).\n\nI am writing to formally address a violation of the Truth in Lending Act ( TILA ) related to my account and to articulate and express the severe damages this situation has caused in my life. This has led to difficulties in managing my monthly budget and fulfilling other essential obligations. \nEmotional Distress : The stress and XXXX caused by navigating this situation have severely affected my mental well-being. I have found myself preoccupied with financial concerns, which has impacted my personal relationships and overall quality of life. \n\nLoss of Opportunities : Due to the unexpected financial burdens imposed by the violation, I have missed out on investments, loans for other purposes, or necessary purchases to provide for my home, which has further compounded my distress. This breach not only caused immediate monetary losses but also severely impacted my creditworthiness, leading to increased difficulty in obtaining future financing and higher interest rates on subsequent loans. The culmination of these actions has caused significant emotional distress and financial instability, forcing me to reevaluate my long-term financial plans. \nThe CFPB, which was created by the Dodd-Frank Act, has broad regulatory and enforcement authority over entities offering consumer financial services or products, including non-bank commercial companies in the business of extending credit and servicing consumer loan. The CFPB is authorized to write regulations under federal consumer financial protection laws, including those prohibiting unfair, deceptive or abusive acts or practices ( UDAAP ), and to examine certain financial institutions for compliance with such laws. \nThe CFPB can remediate violations of consumer protection laws in a number of ways, including imposing civil money penalties and requiring institutions to provide customer restitution and to improve their compliance management systems. \n\n16 CFR 433.2-ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF.\n\nRECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\n\nUpon reviewing my contract, I note that under the Arbitration Provision, it states : \" Neither you nor we waive the right to arbitrate by utilizing self-help remedies, such as repossession, or by initiating legal action to recover the vehicle, to pursue a deficiency balance, or for individual injunctive relief. '' The repossession of this vehicle was conducted without the requisite arbitration, constituting a breach of your contractual obligations. I hereby request an Asset Representation Review for this account. I maintain a security interest in this purchase money loan/retail installment contract, and I have not received my proceeds. The application serves as the Security Collateral, thereby designating this contract as an Asset-Backed Security. \nI respectfully assert as a Stockholder/Investor in your company that I have diligently fulfilled my obligations regarding this account since its inception. However, I have inadvertently been tendering debt notes ( FRNs ) to offset this account, as another negotiable instrument or debt instrument can not properly settle this balance. My actions have been made under conditions of misrepresentation, and I am formally requesting a refund. \n\nLawful money is currency issued by the United States Treasury, such as gold and silver coins, Treasury notes, and Treasury bonds. The Federal Reserve Act of XXXX, which established the Federal Reserve System and authorizes it to issue Federal Reserve notes, states that [ Federal Reserve notes ] shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington XXXX District of Columbia, or at any Federal Reserve bank. \n\nI hereby rescind the security interest related to Flagship Credit Acceptance LLC and XXXX of XXXX XXXX for all fiscal years and reporting periods. Furthermore, I am revoking the XXXX XXXX XXXX dealership and Flagship Credit Acceptance as beneficiaries of my XXXX XXXX and XXXX XXXX insurance. With respect to Page XXXX of the Retail Installment Contract : XXXX XXXX XXXX Notice Claim Procedure, I formally revoke Flagship Credit Acceptance and XXXX XXXX XXXX XXXX XXXX as beneficiaries of my XXXX XXXX and XXXX XXXX insurance. \nXXXX Elements Of A Contract : -Offer -Acceptance -Consideration, -Intention to create legal relations. \n\nThe absence of valid consideration can lead to a claim of breach, as XXXX party may not fulfill their contractual obligations.\n\nI have attached and highlighted key sections within your company 's SEC Filing Prospectus that require your attention and resolution. \n\nPrevious Court Case With Your Corporation Violating ECOA : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FTC XXXX XXXX XXXX Civil Action XXXX XXXX. SECURITIES ACCOUNT ; ACQUISITION OF SECURITY ENTITLEMENT FROM SECURITIES INTERMEDIARY. \nXXXX XXXX XXXX XXXX  Equity Interests shall mean, with respect to any Person, its equity ownership interests, its common stock and any other capital stock or other equity ownership units of such Person authorized from time to time, and any other shares, options, interests, participations or other equivalents ( however designated ) of or in such Person, whether voting or nonvoting, including common stock, options, warrants, preferred stock, phantom stock, membership units ( common or preferred ), stock appreciation rights, membership unit appreciation rights, convertible notes or debentures, stock purchase rights, membership unit purchase rights and all securities convertible, exercisable or exchangeable, in whole or in part, into any XXXX or more of the foregoing. \n\n\nADDRESSING FLAGSHIP CREDIT ACCEPTANCE LLC CORRESPONDENCE She also stated Flagship failed to cancel her debt using an IRS Form 1099-C she previously sent us, that Flagship has not sent her any proceeds for using her securities, and she cited multiple other legal theories for why she believes she does not owe Flagship under her contract.\n\n1.- In my previous correspondence, I indicated that Flagship Credit Acceptance has not issued a 1099-C form. I formally requested this documentation from your financial institution but have yet to receive it.\n\n-Page 3, Section 2 Contract- Your Promise To Us : This secures payment of all you owe on this contract. It also secures all other agreements in this contract as the law allows.\n\nSo please in writing explain how I owe FlagShip Credit Acceptance LLC? When The Application Is The Security Collateral - 31 CFR 202.6 - Collateral security.\n\n2. We responded to them all and included the relevant validation information, and we advised that our reporting is accurate. \n-I acknowledge your response regarding the claims related to the reporting on my consumer report, and I appreciate the removal of said reporting. I have also contacted the number you provided, and I was informed that LaQuesa would return my call ; however, I have yet to receive any follow-up. Additionally, there has been no response or resolution regarding my claims of security fraud, tax fraud, deceptive lending practices, the security interest associated with this account, or the principal balance. \nI, Herbey accept all Titles, All Rights, All Interest, and Guaranteed Equity owed to Principal XXXX XXXX. I hereby instruct CFO XXXX XXXX XXXX to apply Principals Balance to Principal Account # XXXX. \n\nWhat Does the Security Law Regulate?\n\nThe securities law provides the rules by which business owners and governmental bodies can raise money for their organizations by selling stocks and bonds to investors. The Securities Act of XXXX regulates the offer and sale of securities in the United States. If an investor buys a security ( stock or bond ), he has a right to a share of the company 's profits. \nThe Securities and Exchange Commission ( SEC ) enforces the laws and regulations under this act and investigates violations. \nThere are XXXX categories of behavior related to executing an illegal scheme : defraud somebody in connection with commodities, options, or securities transactions ; obtain money by false pretenses, representations, or promises related with a commodity or securities transaction. \nInsider trading is the trading of a companys securities by individuals with access to confidential or material nonpublic information about the company. Taking advantage of this privileged access is considered a breach of the individuals fiduciary duty. \nIn light of recent developments, If necessary, I will pursue legal action for Tax & Security Fraud. Moving forward, my estate will assume responsibility for this account/XXXX. Should this matter remain unresolved by the CFPB, I will escalate my complaint to the OCC, and subsequently, I will report/whistle blow to the Securities and Exchange Commission if this situation is not addressed in a legally compliant manner outside of the court system. \n\nMailing Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2024-10-22T17:39:27.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"23607","tags":null,"has_narrative":true,"complaint_id":"10391880","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FC HoldCo LLC","date_received":"2024-10-09T16:02:52.000Z","state":"VA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Loan balance remaining after the vehicle is repossessed and sold"},"highlight":{"complaint_what_happened":["XXXX XXXX XXXX XXXX  Equity Interests shall mean, with respect to any <em>Person</em>, its equity ownership interests, its common stock and any other capital stock or other equity ownership units of such <em>Person</em> authorized from time to time, and any other shares, options, interests, <em>participations</em> or other equivalents ( however designated ) of or in such <em>Person</em>, whether voting or nonvoting, including common stock, options, warrants, preferred stock, phantom stock, membership units ( common or preferred ),"]},"sort":[13.022927,"10391880"]},{"_index":"complaint-public-v1","_id":"11361869","_score":12.971826,"_source":{"product":"Credit card","complaint_what_happened":"I am submitting this letter to formally request a full investigation into the financial practices of JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX, particularly regarding the handling of securities, as well as the resulting financial implication for consumers, including myself as well as their treatment of customers and their accounts. I sent a security registered mail to XXXX XXXX that was delivered XX/XX/XXXX with a communication instructing XXXX XXXX to properly redeem the instrument and credit my account noting that if he didnt have the authority to redeem the instrument to forward it to the Indenture Trustee. My account was not credited nor was the security returned to me. On XX/XX/XXXX I sent a copy of the security I had sent to XXXX XXXX registered mail to Chase XXXX XXXX Chase Card XXXX XXXX addressed to XXXX XXXX XXXX ( due to her signature being on SEC filing documents ). It was delivered XX/XX/XXXX. The copy of the security was accompanied by a communication informing her the original security was sent to XXXX XXXX which had not been redeemed nor had it been returned and instructed her to properly credit my account as well as provide me with the accounting pursuant to UCC 9-210 in accordance with GAAP and the Truth and Lending Act ( 15 U.S.C 1601 ). This also went unacknowledged. On XX/XX/XXXX I filed a CFPB complaint due to the lack of compliance in accordance with UCC 8-505 through UCC 8-508 which is securities fraud. In the complaint I requested the accounting pursuant to UCC 9-210 in accordance with GAAP done by a certified CPA as well as the security that I had sent returned to me if it was to be rejected and not credited to my account. The complaint was responded to on XX/XX/XXXX in which my complaint/concern of the handling of my securities was completely ignored as well as my requests for the accounting pursuant UCC 9-210 . On XX/XX/XXXX I sent, certified mail, letters revoking POA for each entity within Chases transaction structure ( Chase XXXX XXXX, JPMorgan Chase Bank, N.A., Chase Card XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX. ) These were all delivered XX/XX/XXXX. Within each letter it was stated that a form XXXX had been properly filed with the IRS. I also sent on XX/XX/XXXX a security registered mail to XXXX XXXX XXXX XXXX office which was delivered XX/XX/XXXX. Again, this security was accompanied by a letter of instruction of the same nature as the others previously sent also requesting the accounting in accordance with GAAP on both the public and private side done by a certified CPA and my security returned if they were being rejected. I have not received the security nor any correspondence. I then received a call from JPMorgan Chases executive principal office about a complaint ( reference # XXXX ) that had reached their office. I originally thought this had to do with my securities. When I called back I was informed it was about my revocation of POA. The woman named XXXX said she had no idea why I was sending this ( being the POA revocation ) to Chase and also stated that there was no POA on file. I informed her that I was revoking JPMorgan Chases POA over my account even though she supposedly had no idea what I was talking about, that I wanted the Durable POA I had provided placed on my account as well as the revocation letter. That I now have the power as the agent over my person and am now the custodian over my account. I then told her that my account was being improperly handled and that JPMorgan Chase was fraudulently handling my securities. She then told me to send an email to an address that was provided to me about my issues regarding the securities. I sent the email on XX/XX/XXXX which detailed every letter I had sent, all the securities I had sent, informing Chase of the violations and their duty to act in accordance with UCC 8-505 through UCC 8-508 , informing CHASE of my rights as an entitlement holder, and my rights to the accounting pursuant UCC 9-210. Reiterating that CHASE has been committing securities fraud and violating their Indenture agreement that is on file with the SEC as well as being in breach of their fiduciary duties. I demanded a proper crediting of my account and requested again, the accounting in accordance with GAAP on both the public and private side done by a certified CPA. This email has gone unanswered. Prior to this on XX/XX/XXXX I sent JPMorgan XXXX XXXX address, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , a security registered mail that was delivered XX/XX/XXXX. On this security I had done a restrictive endorsement. I then received in the mail from JPMorgan at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX a correspondence that said We are unable to accept the enclosed securities for your investment account ending in XXXX  We received the following stock/bond certificate ( s ) for deposit into your investment account it further states We are unable to accept this item for deposit into an investment account. This item is not transferable. With this response was the security that I had sent along with the instruction letter. I had also sent a security registered mail to JPMorgan XXXX address XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX registered mail that was delivered on XX/XX/XXXX. This security was accompanied by a communication instructing JPMorgan XXXX to redeem the security and credit my account. It is now XX/XX/XXXX and my account has yet to be credited. Today on XX/XX/XXXX I emailed JPMorgan Chase executive principals office ( via an email address provided to me by XXXX ) a pre-arbitration email in which I also stated that I would be mailing the pre-arbitration letter to each entity listed herein. The email contained all my supporting documents. It was later today at around XXXX that I attempted to use my credit card and the transaction was declined. I called the number on the back of the card and they informed me my account had been shut down due to suspicious activity which they also had shut down my checking and savings account due to suspicious activity even though the debit card and savings account had never been used accept to put {$50.00} in both accounts to keep the account open. JPMorgan Chase is clearly retaliating against me due to the fact that I am asserting my rights and demanding what is owed to me. This is illegal and deeply concerning when in conjunction with the securities fraud, the breach of fiduciary duties and the unjust enrichment that has been occurring for months now. It has been since the inception of this account that I have been lawfully sending stock/bond certificates to JPMorgan Chase for proper redemption to proper crediting to my account. It has been since then that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud as well as acting in unfair, deceptive, and abusive ways and in breach of their fiduciary duties.\n\nIt is clear in JPMorgans correspondence that I have in fact been in possession of securities ( stock/bond certificates ). This fact is evidenced/validated by the forensic audit that traced my statements and the credit card receivables to CHASE XXXX XXXX XXXX Class A ( XXXX ) notes with the XXXX XXXX XXXXXXXX. UCC 8-501 defines a securities account as ( a ) \" Securities account '' means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset. ( b ) Except as otherwise provided in subsections ( d ) and ( e ), a person acquires a security entitlement if a securities intermediary : ( 1 ) indicates by book entry that a financial asset has been credited to the person 's securities account ; ( 2 ) receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person 's securities account ; or ( 3 ) becomes obligated under other law, regulation, or rule to credit a financial asset to the person 's securities account. ( c ) If a condition of subsection ( b ) has been met, a person has a security entitlement even though the securities intermediary does not itself hold the financial asset. ( d ) If a securities intermediary holds a financial asset for another person, and the financial asset is registered in the name of, payable to the order of, or specially indorsed to the other person, and has not been indorsed to the securities intermediary or in blank, the other person is treated as holding the financial asset directly rather than as having a security entitlement with respect to the financial asset. UCC 9-102 defines Account as, means a right to payment of a monetary obligation, whether or not earned by performance, ( i ) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, ( ii ) for services rendered or to be rendered, ( vii ) arising out of the use of a credit or charge card or information constrained on or for use with the card. UCC 8-102 defines a Security as an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of any 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. It defines Instruction as means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed. UCC 8-505 says, ( a ) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to attempt to obtain the payment or distribution. ( b ) A securities intermediary is obligated to its entitlement holder for a payment or distribution made by the issuer of a financial asset if the payment or distribution is received by the securities intermediary. UCC 8-506 says, A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary either places the entitlement holder in a position to exercise the rights directly or exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder. UCC 8-507 says, ( a ) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order. ( b ) If a securities intermediary transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it, and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages. UCC 8-508 says, A securities intermediary shall act at the direction of an entitlement holder to change a security entitlement into another available form of holding for which the entitlement holder is eligible, or to cause the financial asset to be transferred to a securities account of the entitlement holder with another securities intermediary. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder. UCC 8-401 says, ( b ) If an issuer is under a duty to register a transfer of a security, the issuer is liable to a person presenting a certificated security or an instruction for registration or to the person 's principal for loss resulting from unreasonable delay in registration or failure or refusal to register the transfer. There is clear and conclusive evidence that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud by willfully ignoring lawful instructions and requests with respect to the stock/bond certificates obtained by me in good faith, in which I am entitled to have properly redeemed and credited to my account in which every entity listed here is obligated and has the authority to handle in accordance with the law. \n\nIn addition to the clear violations of the law, JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in clear breach of the Trust Indenture on file with the SEC which defines a Holder means, when used with respect to any Note, a Noteholder. Defines Note or Notes means any note or notes of any Series, Class or Tranche authenticated and delivered from time to time under this Indenture. Defines Noteholder means a Person in whose name a Note is registered in the Note Register or the bearer of any Bearer Note ( including a Global Note in bearer form ), as the case may be. Section 3.07 Payment of Interest ; Interest and Principal Rights Preserved ; Withholding Taxes says, ( a ) Unless otherwise provided with respect to such Note pursuant to Section 3.01, interest payable on any Registered Note will be paid to the Person in whose name that Note ( or one or more Predecessor Notes ) is registered at the close of business on the most recent Record Date and interest payable on any Bearer Note will be paid to the bearer of that Note ( or the applicable coupon ). Section 3.08 Persons Deemed Owners says, Title to any Bearer Note, including any coupons appertaining thereto, shall pass by delivery. The Issuing Entity, the Indenture Trustee, the Owner Trustee, the Beneficiary, Chase USA and any agent of the Issuing Entity, the Indenture Trustee, the Owner Trustee, Chase USA or the Beneficiary may treat the Person who is proved to be the owner of such Note pursuant to subsection 1.04 ( c ) as the owner of such Note for the purpose of receiving payment of principal of and ( subject to Section 3.07 ) interest on such Note and for all other purposes whatsoever, whether or not such Note be overdue, and neither the Issuing Entity, the Indenture Trustee, the Owner Trustee, the Beneficiary, Chase USA nor any agent of the Issuing Entity, the Indenture Trustee, the Owner Trustee, Chase USA or the Beneficiary will be affected by notice to the contrary. Section 6.11 Unconditional Right of Noteholders to Receive Principal states and Interest ; Limited Recourse states, Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date specified in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder. Section 10.01 Payment of Principal and Interest says, With respect to each Series, Class or Tranche of Notes, the Issuing Entity will duly and punctually pay the principal of and interest on such Notes in accordance with their terms and this Indenture, and will duly comply with all the other terms, agreements and conditions contained in, or made in this Indenture for the benefit of, the Notes of such Series, Class or Tranche. In these sections of the Indenture Chase USA is to be replaced with JPMorgan Chase Bank , N.A . pursuant to the merger date of these two entities which occurred XX/XX/XXXX. \n\nFederal Reserve Act section 16 part 2 states Any 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 12 U.S.C 1431 Powers and duties of banks says, ( a ) Borrowing money ; Issuing bonds and debentures ; General powers- Each XXXX XXXXXXXX XXXX XXXX  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 the things necessary for carrying out the provisions of this chapter and all things incident thereto. Not only is it clear that JPMorgan Chase has provided me NO value, it is clear that I am the one providing ALL the value to JPMorgan. I provided my original application which is the security collateral for JPMorgan to get funding at an at par rate with the Treasury as well as the credit card receivables which I supply by use of MY credit that JPMorgan then sells for BILLIONS of dollars evidenced by the XXXX report. \n\nI am NOT gifting JPMorgan these assets. These assets generate value far greater than the debt incurred each month and due to the fact that I am the one providing the assets I retain an equitable interest in the proceeds generated pursuant to UCC 9-203. As a consumer I am protected under the Truth and Lending Act 15 U.S.C 1601 et seq. and have a right to transparency and equitable treatment in financial transactions. JPMorgan is profiting BILLIONS of dollars because of what I provide them, which is why I receive monthly stock/bond certificates that are to be credited to my account to offset the obligations I have incurred. In my attempt to properly claim the equity I am owed and my rights as a consumer JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have retaliated and conspired against my rights ( 18 U.S.C 241 ) violating principles of fair dealing and good faith under UCC 1-304 attempting to deceive and defraud me through blatant lies in regard to the nature of the securities I hold as well as steal the assets I have lawfully and legally obtained and have a right to, breaching their fiduciary duties and shutting down ALL of my accounts denying me my right to credit. The CFPB was explicitly created to protect the rights of consumers to be protected from unfair, deceptive, and abusive financial practices. These are egregious actions taken against a consumer who in good faith is asserting their rights under the law due to unjust enrichment that is validated by forensic data and the financial institutions own words.\n\n12 U.S.C 1833a Civil Penalties clearly states that ( a ) In general Whoever violates any provision of law to which this section is made applicable by subsection ( c ) shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section. ( b ) Maximum amount of penalty 1 ) Generally The amount of the civil penalty shall not exceed {>= $1,000,000}. ( 2 ) Special rule for continuing violations In the case of a continuing violation, the amount of the civil penalty may exceed the amount described in paragraph ( 1 ) but may not exceed the lesser of {>= $1,000,000} per day or {>= $1,000,000}. ( 3 ) Special rule for violations creating gain or loss ( A ) If any person derives pecuniary gain from the violation, or if the violation results in pecuniary loss to a person other than the violator, the amount of the civil penalty may exceed the amounts described in paragraphs ( 1 ) and ( 2 ) but may not exceed the amount of such gain or loss. \n\nXXXX XXXX and JPMorgan Chase have been in continued violation for XXXX business days. Chase XXXX XXXX and XXXX XXXX XXXX has been in continued violation for XXXX business days. XXXX XXXX and XXXX XXXX as Indenture Trustee have been in continued violation for XXXX business days. It is evidenced above that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have derived pecuniary gain from these violations and I am experiencing an extreme loss. The failure on the financial institutions behalf to properly comply with the law has impacted my credit report which has shown that I have an incredibly high debt to income ratio which has impacted my ability to obtain other forms of credit explicitly being denied. It has also caused me to struggle to make ends meet due to the lack of available credit on my account, causing me to be delinquent on multiple obligations. Needing to go to extreme measures such as obtaining a forensic audit which cost {$2500.00}. This has caused me extreme stress, having to continuously stay up late into the night to find ways to force proper compliance as well as work longer hours due to being denied my right to credit. Closing my account has deprived me of my right to credit leaving me with no funds for food, gas and other basic needs. Every signature I give, and every credit or security I create is intrinsically tied to the divine and natural right to provide for myself and my family. Credit fuels opportunity and opportunity is my right. \n\nIt is the duty and obligation of JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. to act in accordance with the law. It is their fiduciary duty to act in my best interest, to properly handle my securities, to allow me access to my credit, to provide me the equity that I am truly owed. The forensic audit I had done on my account which the auditor is willing to testify to in a court of law, traced my statements and the credit card receivables to CHASE XXXX XXXX XXXX XXXX XXXX  ( XXXX ) notes with the XXXX XXXX XXXX. JPMorgan confirmed this by stating that I was in possession of stock/bond certificates. This is clear and conclusive evidence that 1. I am entitled to the payment of these securities. 2. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud. 3. I am owed equity due to the value I am providing per the credit card receivables. 4. JPMorgan Chase is retaliating against me asserting these rights by closing my account. 5. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in breach of their fiduciary duty. 5. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have acted in bad faith. 6. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have conspired with one another to financially injure, oppress, and intimidate me from exercising my rights secured for me by the laws of the United States. 7. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. actions have constituted unjust enrichment. 8 JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have violated consumer laws. 9. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in violation of consumer laws. \n\nThese are conclusive violations of the law and it is clear that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. believe that because they control access to consumers ' financial wellbeing that they can get away with acting in bad faith, abusing, deceiving, stealing and intimidating consumers when they seek to claim their rights or the equity owed to them under the law. It should be taken very seriously the extent to which they have gone to rob me of my rights and entitlements as a consumer and as the one loaning them securities that they profit billions of dollars off of. I implore the CFPB to alert the SEC of the securities fraud that has been committed by JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX","date_sent_to_company":"2025-01-03T04:23:43.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"598XX","tags":null,"has_narrative":true,"complaint_id":"11361869","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2025-01-03T03:58:50.000Z","state":"MT","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["UCC 8-102 defines a <em>Security</em> as an <em>obligation</em> of an issuer or a <em>share</em>, <em>participation</em>, or other interest in an issuer or in property or an enterprise of any issuer : ( i ) which is represented by a <em>security</em> 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, <em>participations</em>, interests, or <em>obligations</em>"]},"sort":[12.971826,"11361869"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":66,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":66}]}},"product":{"doc_count":66,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":37,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":37}]}},{"key":"Debt collection","doc_count":10,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Mortgage debt","doc_count":3},{"key":"Other debt","doc_count":3},{"key":"Auto 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