Consumer complaint received 2022-03-10
Company: Auto Trakk, LLC
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I XXXX XXXX, Consumer according to 15 USC 1692a ( 3 ) I Swear that the information in my sworn statement is truthful to the best of my knowledge and understanding. Upon reading the FRAUDALENT Disclosure contract that was signed on XX/XX/XXXX I have learned that MY consumer rights have been BROKEN BY Auto Trakk LLC. And Lycoming Auto Trust. On this contract It states XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX Pa XXXX XXXX as XXXX LESSER when Auto Trakk LLC Is demanding the debt to be paid. Also Auto Trakk LLC Stated Subsequently the lease and related vehicle were sold and assigned to Lycoming Auto Trust. Lycoming Auto Trust WILLFULLY AND KNOWINGLY GIVES FALSE or Inaccurate information which is required to disclose under the provision of sub chapter or any regulations issued thereunder ( 15 USC 1611 ). Willful and knowing violations of tila permit imposition of a fine of {$5000.00}, imprisonment for up to one year, or both.

Consumer credit transaction consumer credit transaction means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes. I, XXXX XXXX, consumer, natural person and original Creditor. So why do I have to pay myself? Upon Reading Application agreement from Auto Trakk it states llc You understand and agree that you are applying for credit by providing the information to complete and submit this credit application.According to 15 usc 1602 ( g ) ... For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. the term card issuer means any person who issues a credit card, or the agent of such person with respect to such card. The term credit card makes any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or service on credit. This is why I am the original creditor. 

It is a Federal Violation to contact me via mail about a artificial person which Auto Trakk LLC has done. 18 usc 1342 fictitious name or address. Whoever, for the purpose of conducting, promoting, or carrying on by means of postal service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both. Auto Trakk LLC and USPS Has also committed mail fraud for sending another entity Information to my personal address. XXXX XXXX is an ENTITY, I am XXXX XXXX the consumer. 

According to 1026.23 ( A ) ( 3 ) ( right of recission ) The consumer may exercise the right to rescind until midnight of the third business day following consummation, delivery of the notice required by paragraph ( b ) of this section, or delivery of all material disclosures, whichever occurs last. If the required notice or material disclosures are not delivered, the right to rescind shall expire 3 years after consummation, upon transfers of all the consumers interest in the property, or upon sale of the property, whichever occurs first. In the case of certain administrative proceedings, the rescission period shall be extended in accordance with section 125 ( f ) of the Act.

15 USC 1662 no advertisement to aid, promote, or assist directly or indirectly any extension of cosumer credit may state. A {$1000.00} Cash down payment was paid. Which is a violation of 15 USC 1662 ALSO their FAILURE TO DISCLOSE their inability to collect down payment is a federal violation of 15 USC 1611 Finance charge 15 USC 1605 determination of finance charge 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 part closing agents ( including settlement agents, attorneys, and escrow and title companies. I was also not disclosed to my premium should have been included into the finance charge. Also, the {$1000.00} cash that was given to XXXX XXXX at contract signing. Also, my premium car insurance was forced upon me to be paid when the vehicles insurance should have been in the finance charge. XXXX insurance was being illegally paid because Disclosures were not into the contract. Later Auto Trakk illegally obtained XXXX insurance on this vehicle without contacting me about it first. 

18 usc 1028 ( a ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. ( Since the original promissory note was not sent out requested by I, XXXX XXXX, consumer Then the debt has been sold to another party without my consent under permissible purpose and Lycoming Auto Trust has committed Aggravated Identity Theft because my Negotiable Instrument was sold without my consent to do so. Now another company has all personal information unlawfully they did not ask me if it was okay to buy it or sell it. Also, Auto Trakk falsely opened CPI insurance into my name without my consent then began charging for that insurance unlawfully. Auto Trakk gave my personal information to this company when I dont now whom this company is, their license number, address or phone number.

Lycoming Auto Trust and Auto Trakk LLC states there is an debt obligation based on this Agreement. I, XXXX XXXX, consumer direct all obligations to the United States according to 18 usc 8.The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes , Federal Reserve bank notes , coupons, United States notes , Treasury notes , gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States , stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps . Which states If there is such debt, Contact the UNITED STATES to collect the debt.

In Pursuant to 15 usc 1681 ( b ) permissible purposes of consumer report. My Consumer report shows I have a debt from Auto Trakk LLC In which I, XXXX XXXX, consumer did not give AUTHORIZED WRITTEN CONSENT OR by CLAUSE DOCUMENT to be placed onto my credit file. Also, Auto Trakk llc is reporting false and misleading information onto my credit file. On XXXX, XXXX, and XXXX credit file it is showing a opened date on XX/XX/XXXX when it was opened XX/XX/XXXX which is being furnished onto my Credit file illegally.. Also, on XXXX it is showing that all payments were made on time since this contract was created, but on XXXX there is XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX are being reported incorrectly as of XX/XX/XXXX. There is also a error of monthly balance XXXX is showing {$410.00} and after looking over the contract there is a total monthly due of {$450.00} without the cpi that was illegally placed on vehicle. 

Lycoming Auto Trust has failed to properly validate this debt, I did not receive my negotiable instrument. XXXX XXXX ( Compliance officer ) Neglected to give me The Promissory note. Lycoming Auto Trust and Auto Trakk LLC. Also has failed give me original creditor Information such as Debt collection license, and Telelphone number to the Original Creditor. AutoTrakk LLC has also failed to comply with cfpb and the ftc, when it comes to paying a debt when debt validation letter is sent by consumer. I was called and harassed everyday to make payments and threatened if I did not my service will be locked out ( which currently is ) before their validation of debt letter was sent back which was an embarrassment I was out with friends and my cart would not start because supposedly debt owed. I sent for validation of debt XX/XX/XXXX I did not receive a letter In the mail until XX/XX/XXXX but the services was already shut down from Autotrakk and property was not accessible to use because XXXX from Collections ( Manager ) shut down my car XX/XX/XXXX which was before validation from Auto Trakk LLC. Ive also asked them to stop and decease all communication with me on XX/XX/XXXX. I have been getting phone calls and text messages demanding to contact them about the account. After written expression on XX/XX/XXXX that I do not want Auto Trakk LLC ( debt collector ) to contact me under no circumstances Ive also spoken with XXXX XXXX ( XXXX ) whos failed to comply and speak to I, XXXX XXXX, consumer. XXXX XXXX decided to say he disconnected the line but didnt as his Phone number time on call was still counting while I was talking to XXXX their Collection Manager thats above XXXX XXXX Neither of the three confirmed that they are In Pursuant of Truth And Lending Act ( TILA ) after I asked multiple times in which They express all calls are monitored and or recorded for training purposes to confirm those alleged complaints. DATES occurred XX/XX/XXXX at approximately around XXXX to XXXX. 



Please delete all Information off credit file without recourse!

Violation of Consumer rights! Violation of Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of character I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. ( 28 U.S.C. 1746 ) CC : Consumer Financial Protection Bureau CC : Attorney General Office CC XXXX XXXX XXXX XXXX  CC : Federal Trade Commission I, XXXX XXXX, once again swear that the information in my sworn statement above is a complete representation of the facts to the best of my knowledge.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation