Consumer complaint received 2023-12-03
Company: TRUIST FINANCIAL CORPORATION
State: GA
Product: Payday loan, title loan, personal loan, or advance loan
Sub-product: Personal line of credit
Issue: Problem when making payments

Complaint:
1. XX/XX/2023 a Notice of Claim of interest and beneficial ownership was sent to Truist Bank along with instructions for setoff, tender of payment, and request for specific accounting information regarding the account and a Demand for Adequate Assurance of Performance via Post Office. The tender of payment was for {$28000.00} 2. Truist confirmed receipt of the notice and payment via email on XX/XX/2023. 

3. Truist aggressively pursued and continues collections by phone and dishonored the tender without cause. 

4. XX/XX/2023 a Notice of Opportunity to Cure was sent to Truist by Post Office and specific account information was again requested, but not yet received. 

5. Truist violated the law by sending a debt collection via post card which is prohibited pursuant to 12 CFR 1006.22 ( f ) ( 1 ). 

6. XX/XX/2023 a Notice of Acceptance and Demand for Adequate Assurance of Performance was requested along with instructions for setoff and a tender of payment by Post Office. I also received another phone call from Truist on this date. 

7. XX/XX/2023 received another phone call from Truist. A notice was sent to Truist upon request from a Truist representative to please forward all communications sent thus far by email. The email communication was sent to XXXX, XXXX, and XXXX. The email included written communications and recordings of phone communications from XX/XX/XXXX and XX/XX/XXXX. 

8. The email sent on XX/XX/XXXX also expressed my equitable interest as benefactor and beneficiary and requested a written reply which has not been received as of XX/XX/2023. 

9. Questions for the CFPB to ask Truist in their fiduciary capacity as trustee... 

a. Did Truist receive a transfer pursuant to 15usc1692 ( a ) ( 4 )? 

b. Who's initial capital was used to securitize the security collateral? 

c. If you performed according to the agreement and if you concealed material facts ; d. If you made a bookkeeping entry recording the security collateral belonging to the aforementioned Principal as a loan to Truist ( formerly known as Branch Banking and Trust Company or BB & T ) or another third party ; e. If you have traded my security collateral on the secondary market ; f. If you have followed the Fair Debt Collection Practices Act ; g. If you have followed the Federal Reserve Banks ' policies and procedures ; h. If you have followed public law regarding Generally Accepted Accounting Principles ( GAAP ) and Generally Accepted Auditing Standards ( GAAS ) concerning the above referenced account ; i. If youve filed any Internal Revenue Forms regarding abandonment, acquisition, or cancellation ; j. If there are any discrepancies and ; k. Why have you refused to provide an Adequate Assurance of Performance as requested in writing? 

Additional Information : XXXX XXXX XXXX XXXX is listed on the Trust Indenture filed with the Securities Exchange Commission. They have been copied on the notices sent via Post Office. I have also copied the registered agent on file with the Secretary of State in Georgia.

10. I require clarity from Truist regarding what pay a bill means... 

a. The monthly correspondence says, " STATEMENT '', not " Bill '' and is a " representative of value '' pursuant to # 18USC8 b. Does not state it is an " attempt to collect a debt '' nor make a demand for payment. 

c. Uses a symbol ( $ ) that is NOT defined in law and does not specify the specie of " payment " the digits following describe. 

d. Is a " deceptive form '' and " false and misleading representation pursuant to # 15USC1692j and 15USC1692e respectively. [ also see 17 CFR 240.14c-6 ] e. is being used to " create a fictitious obligation '' pursuant to # 18USC 514.

f. Can and is being used to secure Federal Reserve Notes from the Bank directly to the applicant pursuant to # 12USC412. 

h. Can be purported to be unlawful and the discontinuance of service " cruel and unusual punishment '' pursuant to Article the eight of the federal Bill of Rights and corresponding state version. 

My equitable interest pertains to the beneficial ownership of the specified property or asset. While I may not hold legal title to the property, I have a vested interest in its benefits, value, and use. This equitable interest is governed by the terms and conditions outlined in the relevant legal documents, including any trust agreements or instruments. 
My equitable interest involves the following key aspects : Beneficial Ownership : I hold a beneficial interest in the property, which means that I am entitled to receive the benefits and value that the property may generate. 
Rights and Entitlements : While legal title may be held by another party, I have the right to receive value, proceeds, or other advantages associated with the property, in accordance with the terms of the trust agreement or other relevant documents. 
Equitable Considerations : Our equitable interest is guided by principles of fairness and equity. I am entitled to receive a just and reasonable share of the property 's benefits. 
Trustee 's Role : Since the property is held in trust, the trustee is responsible for managing and safeguarding my equitable interest, ensuring that our rights are respected and upheld. 

Please note that my equitable interest is distinct from legal ownership, and it is important to consider both aspects when discussing matters related to the property or asset.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation