Product: Vehicle loan or lease

In response too Complaint # XXXX Which I am request the CFPB to investigate this matter as Exeter is clearly in Violation Exeter Finance LLC Office of the President XXXX XXXX XXXX XXXXXXXX XXXX XXXX Subject : Immediate Rescission of Contract, Cease & Desist Demand, and Demand for Proof of Ownership of Note Dear Exeter Finance Office of the President , I am writing in response to your inadequate reply to my Consumer Financial Protection Bureau ( CFPB ) complaint. Your response fails to address critical legal violations that render the contract voidable under federal and state law. Your attempt to distance Exeter Finance from liability is legally incorrect and will not be tolerated.

Exeter Finance is Liable as the Holder in Due Course As the holder in due course, Exeter Finance assumed all liability for unlawful, fraudulent, and deceptive practices tied to this contract when it acquired the promissory note. Under Florida contract law and UCC 3-302, a holder in due course can not enforce a contract obtained through fraud, deception, or violations of consumer protection laws.

Your refusal to acknowledge this does not exempt you from legal responsibility. Exeter Finance can not selectively enforce the contract 's terms while disregarding the legal obligations that come with it.

Formal Demand for Proof of Ownership of the Note As the purported holder, Exeter Finance is legally required to provide proof of ownership of the note under Florida Statutes Chapter 671.201. I hereby demand that you provide full proof of ownership of the note associated with my vehicle contract within 10 business days. Failure to do so will be treated as further evidence of unlawful and unenforceable assignment of the contract.

Violations Rendering the Contract Voidable 1. Failure to Provide a Copy of the Contract at Consummation ( TILA Violation ) Under TILA ( 15 U.S.C. 1638 & Regulation Z, 12 C.F.R. 1026.17 ), creditors must provide a complete copy of the contract at the time of signing. I was forced to request the contract multiple times before receiving it, which constitutes a direct violation of TILA.

Since Exeter is now the holder of the contract, it is fully liable for TILA violations associated with it. Any contract that fails to meet TILA disclosure requirements is subject to rescission, statutory damages, and lender liability.

2. Fraud, Coercion, and Deceptive Practices ( FDUTPA & UCC Violations ) I was coerced into signing this contract after Off Lease Only LLC ( OLO ) refused to return my fully paid-off trade-in vehicle, despite their advertised five-day return policy. 
The vehicle was dangerously defective upon purchase, violating UCC 2-314 ( Implied Warranty of Merchantability ), which mandates that a vehicle must be fit for its intended use. 
The dealership engaged in fraudulent misrepresentation, and Exeter, as the contracts holder, is fully liable for fraudulent assignment of a contract obtained through deceptive practices ( Florida Statutes Chapter 817 ). 
3. Unlawful Contract Assignment & Potential Violation of Bankruptcy Proceedings Off Lease Only LLC has filed for bankruptcy and is no longer an active lienholder with the Florida DMV, raising serious concerns about the validity and legality of this contracts assignment to Exeter.

If this contract was assigned after OLO became insolvent, Exeter Finance may have acquired a fraudulently assigned or improperly transferred asset, which would make the contract unenforceable.

4. Exeters False Accusation of Fraudulent Documents Violates Debt Collection Laws Your response falsely accused me of submitting fraudulent documents without providing any evidence or specifying what you consider fraudulent. This baseless and vague accusation constitutes an unfair or deceptive debt collection practice, which is strictly prohibited under : The Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692e ( 10 ) ( prohibits false or misleading representations in debt collection, including unfounded claims of fraud ).

Florida Consumer Collection Practices Act ( FCCPA ) Florida Statutes 559.72 ( 9 ) ( prohibits lenders from asserting legal rights they know do not exist ).

I demand an immediate retraction of this false claim in writing. If Exeter continues to make unsubstantiated claims of fraud, I will pursue legal action for defamation, unfair debt collection practices, and consumer fraud violations.

Formal Demands Given these multiple violations, I formally demand the following : Immediate Rescission of the Contract Due to clear violations of TILA, UCC, and Florida consumer protection laws, I hereby rescind my signature and revoke all liability associated with this contract. Exeter has no legal grounds to enforce an unlawfully assigned contract tainted by fraud.

Cease & Desist All Collections and Credit Reporting Exeter is hereby ordered to cease all collection efforts, including credit reporting related to this fraudulent account. Any continued collection activity will be treated as a violation of the FDCPA & FCCPA.

Prohibition on Repossession Exeter must not attempt to repossess the vehicle under a voidable contract. Any repossession efforts will result in immediate legal action.

Damages for Delays & Bad Faith Conduct Each instance of noncompliance, delay, or continued enforcement of this unlawful contract will incur additional legal claims for damages of {$10000.00} per violation, including emotional distress, financial harm, and statutory penalties under TILA and FDUTPA.

Regulatory & Legal Action If Not Resolved Immediately If this matter is not fully resolved within 10 business days, I will escalate immediately, including but not limited to : Filing additional complaints with the CFPB, FTC, Florida Attorney General, and Florida Office of Financial Regulation for unfair and deceptive financial practices.

Pursuing litigation against Exeter Finance for damages, including attorneys fees, under TILA, FDUTPA, UCC, and Florida contract law.

Publicizing these violations through consumer protection organizations, media, and regulatory advocacy groups.

Final Notice This is Exeter Finances final opportunity to resolve this matter in good faith. I expect a written response within 10 business days acknowledging my demands, as well as full proof of ownership of the note. Failure to comply will result in immediate legal action without further notice. 

Sincerely, XXXX XXXX & XXXX XXXX XXXX XXXX