Consumer complaint received 2021-07-31
Company: Westlake Services, LLC
State: TN
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I entered into a consumer credit transaction with XXXX XXXX & WESTLAKE FINANCIAL. This consumer credit transaction that took place there was a finance charge that was involved Title 15 USC 1605 defines a finance charge as the sum of all charges in a consumer credit transaction. XXXX XXXX & WESTLAKE FINANCIAL made me make a down payment and comparable cash transactions In this consumer credit transaction which Violates Title 15 USC 1605. XXXX XXXX & WESTLAKE FINANCIAL owes me double the financed charge Pursuant to Title 15 USC 1640. Im coming as the CONSUMER pursuant to Title 12 u.s.c 5481 ( 4 ), NATURAL PERSON pursuant to Title 15 USC 1602i, & ORIGINAL CREDITOR Pursuant to Title 15 USC 1602g. I came with my credit card Pursuant to Title 15 USC 1602l & my signature. Im the Original creditor & granted XXXX XXXX & WESTLAKE FINANCIAL the right to extend me credit Pursuant to Title 15 u.s.c 1602f ( the term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment ). Their should have been no down payment in this consumer credit transaction Pursuant to Title 15 USC 1605. No comparable cash transactions in this consumer credit transaction Pursuant To Title 15 USC 1605. There should have be no Lien or Security interest on my vehicle. Im coming as the ORIGINAL CREDITOR. Life and accident insurance premiums should have also been included in finance charge Pursuant to Title 15 USC 1605b.

Pursuant to Title 15 USC 1692, Congress has concluded that several companies, including yo
urs, use abusive, deceptive and unfair debt collection practices.

Pursuant to Title 15 USC 1692a ( 3 ), I am a Consumer. A consumer is defined as any natural person obligated or ALLEGEDLY obligated to pay any debt.

Pursuant to Title 15 USC 1692a ( 4 ), I am the original creditor of this account. The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed. I am the natural person who extended my credit and created a debt upon signature on your deceptive credit card application.

Pursuant to Title 15 USC 1692a ( 5 ), XXXX XXXX & WESTLAKE FINANCIAL is a debt collector. The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. 
This unverified, alleged debt has been derived from fraud. Full disclosure was not given at the time the agreement was signed which prevented me from making an informed use of my credit pursuant to Title 15 USC 1601 ( a ). 
XXXX XXXX & WESTLAKE FINANCIAL failed to provide full disclosure because they did not inform me that the credit is created by the signature of the original creditor. They fail to inform the original creditor that the instrument of alleged indebtedness is actually recorded as an asset and an account payable in their hidden liability ledger. 
XXXX XXXX & WESTLAKE FINANCIAL has failed to convey to me that my account can be securitized, placed in trust and sold on the securities market. This has resulted in Theft by conversion which is a criminal offense. My private personal information was used to fund a public trust and used for the benefit of XXXX XXXX & WESTLAKE FINANCIAL. 
The Communications from XXXX XXXX & WESTLAKE FINANCIAL in regards to this unverified, alleged debt have contained several violations of my rights as a consumer. There has been verbiage that is false, and misleading, with intentions to harass and abuse my name, character and reputation. 
XXXX XXXX & WESTLAKE FINANCIAL has repeatedly contacted me by mail with the intention to harass, and cause stress and mental anguish. 
Among many discrepancies are the use of the words account and payment, or loan has been clearly defined by your company. Title 15 USC defines them as : 15 U.S. Code 1693a defines the term account as a demand deposit, savings deposit, or other asset account ( other than an occasional or incidental credit balance in an open end credit plan as defined in section 1602 ( i ) [ 1 ] of this title ), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, but such term does not include an account held by a financial institution pursuant to a bona fide trust agreement ; Please explain to me what type of account I have with XXXX XXXX & WESTLAKE FINANCIAL. It clearly defines an account as any asset account other than a credit balance in an open end credit plan, which it is my belief that I opened with XXXX XXXX & WESTLAKE FINANCIAL.

15 U.S. Code 78m defines the term Payment as ( 1 ) Definitions In this subsection ( A ) the term commercial development of oil, natural gas, or minerals includes exploration, extraction, processing, export, and other significant actions relating to oil, natural gas, or minerals, or the acquisition of a license for any such activity, as determined by the Commission ; ( B ) the term foreign government means a foreign government, a department, agency, or instrumentality of a foreign government, or a company owned by a foreign government, as determined by the Commission ; ( C ) the term payment ( i ) means a payment that is ( I ) made to further the commercial development of oil, natural gas, or minerals ; and ( II ) not de minimis ; and ( ii ) includes taxes, royalties, fees ( including license fees ), production entitlements, bonuses, and other material benefits, that the Commission, consistent with the guidelines of the Extractive Industries Transparency Initiative ( to the extent practicable ), determines are part of the commonly recognized revenue stream for the commercial development of oil, natural gas, or minerals ; ( D ) the term resource extraction issuer means an issuer that ( i ) is required to file an annual report with the Commission ; and ( ii ) engages in the commercial development of oil, natural gas, or minerals ; NO where in this definition is there a mention of Money OR USD OR Federal Reserve Notes that you are requesting for payment. Please provide me with documentation or another form of payment in accordance with the definition above that conforms to Article 1, section 10 of the U.S. Constitution.

Pursuant to Title 15 USC 1692k, Any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of any actual damage sustained by such person as a result of such failure ; In the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} per violation.

I DEMAND WESTLAKE FINANCIAL send all payments back to me Pursuant to Title 15 USC 1692h

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