Consumer complaint received 2023-01-07
Company: Exeter Finance Corp.
State: KY
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
Date : XX/XX/XXXX I sent Exeter Finance LLC, An Affidavit of notice of billing error. Exeter Finance LLC. Exeter Finance LLC replied back on XX/XX/XXXX stating that my documents were frivolous. Exeter Finance LLC has rejected my demands and replied with a threatening letter to proceed with repossession sale of the Vehicle totally dishonoring my notice of billing error affidavit. In my affidavit I declare and states as follows : Pursuant to 12 CFR 1026.13 - Billing Error Resolution I dispute account number in the amount of {$21000.00} I have submitted correspondence to Exeter Finance LLC to rectify this matter and it has yet to be resolved. 
Please furnish documentary evidence in accord with 15 U.S. Code 44 of record of accounts where Exeter Finance LLC awarded me with any payment pertaining to this alleged debt.

Pursuant to 15 U.S. Code 1666b ( a ) Notice, it is fact affiant is aware 15 U.S. Code 1637 ( b ) ( 2 ) ( a ) refers to a request to resolve a billing error by providing all documentary evidence for clarification of who funded this account and whose obligation it is to pay this alleged debt on this account XXXX. Until then Exeter Finance LLC can not report late payments in accordance with the regulations of the Bureau 12 CFR 1026.13 ( d ) ( 3 ).

Pursuant to 15 U.S. Code 1666 ( e ) If the creditor does not provide all documentary evidence as defined under 15 U.S. Code 44 this will result in a billing error and the creditor forfeits all rights to collection on the amount that has been identified in dispute. 
Notice, it is fact affiant is aware that without resolving this billing error the creditor has legally agreed to forfeit all rights to collect on the amount in dispute pursuant to 15 U.S. Code 1666 ( e ).

Pursuant to 12 U.S. Code 5562 ( c ) ( 10 ) - Production of Document Material Notice, it is fact affiant is aware the consumer has the right to request the money audit trail. I am requesting this documentary material in accordance with 12 U.S. Code 5562 ( c ) ( 10 ) to address this subject matter. Without this documentary evidence, there is no evidence of this alleged debt.

Pursuant to 12 U.S. Code 1831n ( 2 ) ( a ) - XXXX  XXXX XXXX, XXXX and XXXX Notice, it is fact affiant is aware the consumer has the right to request the XXXX XXXX XXXX in accordance with 12 U.S. Code 1831n ( 2 ) ( a ) and without this documentary evidence to properly address this subject matter, there is no evidence of this alleged debt.

Pursuant to 16 CFR 433.3 ( b ) ( 4 ) a contract which in a contract which includes a waiver, condition or limitation for a debtor to assert rights for claims or defense against a seller is void. 
Notice it is fact in accordance with 15 C.F.R. 433.3 ( b ) ( 4 ) I the affiant has reason to believe and do so believe a contract can not and does not constitute as documentary evidence or contain a negotiable instrument or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer such as I, the affiant any right to assert against any holder of a contract with any and all legally sufficient claims and defense which could be asserted against the seller of goods and services and in all subject matter pursuant 16 C.F.R. 433.3 ( b ) ( 4 ) said contract is unenforceable and void. 
Notice in fact a contract has not given the consumer the full disclosure of said contract with any written, oral, known or unknown subject matter shall not constitute as documentary evidence. 
I the affiant has reason to believe and do so believe Exeter Finance LLC has failed to meet all requirements established in 16 C.F.R. 433.2 ( a ).

Furthermore, Exeter Finance LLC used my open ended credit plan in accordance to 16 C.F.R. 433.2 ( a ) to furnish which furthermore proves they did not extend credit to me in regard to this alleged debt.

Pursuant 15 U.S. Code 1692e ( 2 ) false character, amount, or legal status of any debt.

Notice it is fact that I the affiant am aware that the false character of the amount of this alleged debt is in violation of 15 U.S. Code 1692e ( 2 ) ( a ). XXXX has proof of this violation as Exeter Finance LLC alleges I owe an alleged debt, yet the account shows the billing in a positive amount. How can I pay into an account which is already positive? This is in violation of TILA. 
Pursuant to 18 U.S. Code 8 - Obligation or Other Security of the United States Notice in fact that affiant is aware that all obligation of debt is the responsibility of the United States.

Please adjust this account to a zero balance and return all funds paid into this alleged debt, including payments of interest, down payment, etc. You have 10 days of receiving this notice to comply. If you can not provide all documentary evidence requested then you have agreed to the terms of this notice.

I have included a copy of the bill as proof of a billing error. See Exhibit 1.

Kentucky Rule Kentucky, in the minority of states, applies the mailbox rule to option contracts as well. In Palo Alto v. BBTC Co., 11 Cal.3d 494 ( 1974 ). As previously explained, when the notice of exercise of the option is viewed as an acceptance of an irrevocable offer, such notice is clearly covered by section 1583.

Notice to Agent Notice Knowledge U.C.C 1-202 Respectfully

Company response to consumer: Closed with explanation