Consumer complaint received 2023-03-13
Company: TD BANK US HOLDING COMPANY
State: AL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
TD AUTO FINANCE LLC is in violation of several laws including 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

They continued to report to credit bureaus after a fraud alert was on m
y report. {$1000.00} VIOLATION.

15 U.S. Code 1692 - Congressional findings and declaration of purpose They sent several letters with their logo to collect paid debt which is by law ANOTHER Violation {$1000.00} VIOLATION TD AUTO FINANCE violated my TILA rights USC 15 U.S. Code 1605 - Determination of finance charge a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.

( 2 ) Service or carrying charge.

( 3 ) Loan fee, finders fee, or similar charge.

( 4 ) Fee for an investigation or credit report.

( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss.

I the consumer paid for insurance, car tags and other fees when TD AUTO FINANCE was aware that all fees and insurance was indeed already paid for in my finance charges which means the sum of ALL CHARGES. {$1000.00} VIOLATION.

15 U.S. Code 1635 - Right of rescission as to certain transactions I was never made aware I could exercise these rights which is ANOTHER violation.

( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court.

15 U.S. Code 1692f - Unfair practices Violation which made my contract null and void the contract is illegal by law and states that TD AUTO MUST RETURN ANY MONEY OR PROPERTY IVE GIVEN TO THEM.

Company response to consumer: Closed with explanation