Consumer complaint received 2021-12-02
Company: Lendmark Financial Services
State: OH
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
XXXX XXXX 2021 I the natural person and consumer when to XXXX XXXX XXXX. Located at XXXX XXXX XXXX, XXXX ohio XXXX ; looking to purchase a vehicle primarily for personal, family, and household purposes using my open ended consumer credit plan as defined in truth in lending 15 usc 1602 ( j ) regulated by regulation z. I was told that I had to do a credit application and if I wanted the car that I was looking to acquire but wasnt ready I would have to put a deposit down that would be converted to a down payment once I purchase the car which it was noted in ( exhibit 4 ( left image ). Once I returned to finish the purchase on XXXX XXXX 2021 I was given a credit application from XXXX XXXX XXXX XXXX ) which I filled out along with my social security number that was requested/demand in order for them to allegedly run my credit. According to the social security administration www.ssa.gov/ssnumber/ ( A Social Security number is important because you need it to get a job, collect Social Security benefits and get some other government services ). When looking to purchase the vehicle I was not applying for a job, collecting social security benefits, or government services. So why was my number needed? After I filled out the information the male individual at the dealership ( not sure of his status ) pulled my credit report then sent my credit report to XXXX XXXX at lendmark Financial services llc. I was then told by the XXXX at XXXX XXXX that I had to go to Lendmark Financial services ( about XXXXminute drive away ) to sign more documents. I was and still am confused as to why I had to go there when I had no intentions on doing business with no one else but XXXX XXXX. Once I got to transportation outlet I was told to sit and sign some documents ( electronically ) so I could not take the docs home to review them. The forms that were presented I believe where false and misleading pursuant to 15 usc 1692e using unlawful tactics and unlawful wording to coerce payment of an alleged debt. Entire contract is uploaded as well labeled ( Lendmark deceptive agreement and Exhibits ) also violating 15 united states code 1. After I was done being coerced to sign the deceptive forms there was no other party that was signing the agreement except for the person who signed as just acknowledging that I have reviewed the document ( XXXX XXXX ) which is just an employee and not a authorized signer which could only be the registered agent. So with out a meeting of the minds and 2 valid signatures I have reason to believe and do so believe that there is fraud associated with this alleged loan due to being incomplete. After reviewing my documents I realized that there was another application for credit labeled ( Exhibit A ) ; XXXX XXXX has the first credit application ( chattel paper ). This exhibit clearly states im applying for credit but the lender converted it to a loan by misrepresentations. Under Exhibit B the lender has there name stated as the lender but not creditor pursuant to 16 cfr 433.1 ( c ), and does not show XXXX XXXX as the seller pursuant to 16 cfr 433.1 ( J ). I am the consumer in fact. Below on Exhibit B it shows that I am giving security interest. What is the security that I give? It was never disclosed to me. I was not given proper informed use of my credit pursuant to 15 usc 1601 or all proper disclosures clearly and conspicuously pursuant to 12 cfr 226.5. On the promissory note/ security agreement there is no other signature but mine. So I have reason to believe and do so believe that the document that I have is noting more than a consumer credit contract pursuant to 16 cfr 433.1 ( I ) which is an instrument which evidences or a debt arising from a purchase money loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of 16 cfr 433.1 is it not? As I sat in the chair at the front of lendmark Financial services offices I have reason to believe and do so believe that I asked the employee what does it mean by secured obligations I highlighted on Exhibit C and I have reason to believe and do so believe that I was told that the vehicle was the security which left me more confused as to if that is the case then why was my social security number needed. So I ask again is the vehicle the security or the number the security and why are or where they both needed? Following that statement the document began to display more federal violations to coerce payment which are labeled 15 usc 1692e ( 4 ), 15 usc 1692e ( 12 ) and 18 usc 8. As noted at the bottom of the page this states this is a consumer credit contract ( not a loan ) and I have to right to assert claims and defenses against the seller ( XXXX XXXX ) pursuant to 16 cfr 433.2. Exhibit D ( 1 ) - D ( 3 ) I dont agree to the arbitration clause and I intentional scrolled past it and the employee went back and clicked in my signature where I intentionally left blank. Further more in Exhibit E all of the insurance they claim was optional but I was forced to purchase my own outside of the contract with progress and was told to make them the lien holder on the vehicle when the insurance was supposed to be included in the finance charge pursuant to 15 usc 1605. On Exhibit F I specifically told the employee that providing that personal information about others is against the law and violating peoples right to privacy and he told me I have to put down at least XXXX and that is their policy ; event though company policy does not supersede federal law. Exhibit G shows how Lendmark financial services shows blatant disregard of federal law stating they can report late payments and other credit information violating the fair credit reporting act. Exhibit H is another form that was presenting false and misleading information in direct violation of the XXXX XXXX XXXX act which is the right of privacy. They coerce me to give up that right they can sell and market my personal information for their financial gain. All through out this contract they continue to refer to me as the borrower when in fact I am the consumer and nature person extending the credit to this lender so they can use it as relief from the current chapter XXXX bankruptcy that the country is currently under. If I am not the extender of credit where does the lender ( business ) gets the funds or credits from? Under Exhibit J is says that there would be a loan proceeds that I should pick up at the branch location I received a letter of credit ( not a loan ) also a {$15.00} check in the mail that I have no clue as to what it is as displayed in ( exhibit 4 ( right image ). What is it for?

Upon completing the paper work I was told to go back ( 30 minutes ) to XXXX XXXX to pick up the bill of sale, give them the letter of credit, and pick up the car. The bill of sale I got from XXXX XXXX reflects a that below the vehicle description The above vehicle is guaranteed by seller to be free and clear of all liens and encumbrances but in the next box below it shows the Lien would be Lendmark Financial Services. As the consumer I am challenging the accuracy and integrity of the disclosers and I have reason to believe and do so believe my social security number was coerced from me by both persons ( Lendmark Financial Services and XXXX ) to be used to create a trust indenture to extract federal funds from my estate. This is a direct federal violation of 15 usc 1. Yesterday at or around 10 to 10:15 pm an unauthorized third party by the name of XXXX XXXX was sent to steal my property from a friends drive way on XXXX XXXX, in XXXX XXXX ohio. The vehicle is currently located at XXXX XXXX XXXX, XXXX ohio XXXX at the impound lot. This is a federal violation of 12 cfr 1006 ( 15 usc 1692 ). I do plan to pursue major litigation to the highest extent in district court with all of my documentary evidence on both parties if I do not have my property and title released to me within the next 7 days. Pursuant to ucc 3-302 I acted in good faith and the other person ( s ) involved did not. I have reason to believe and do so believe the other persons acted in bad faith with the sole purpose to defraud me of securities, federal funds, and property for financial gain. I also have reason to believe and do so believe that this pursuant to 15 usc 77b-1 because the term security is any note, stock, treasury stock XXXX security future, security-based swap, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. 15 usc 77b-a. This is you alls opportunity to cure return my property immediately. In closing i attempted to rectify this situation via attorney general but dealer refused to correct the issue so I had no choice but to escalate my efforts to recover what rightfully belongs to me, now that my means of traveling was stolen unlawfully to me. I demand a written response at your earliest convivence.

Company response to consumer: Closed with explanation