Consumer complaint received 2023-07-06
Company: United PanAm Financial Corp.
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:
XX/XX/XXXX To : United Auto Credit Corporation Re : Billing Error Dispute on Account No. 
Dear, Billing Error Division : I, the true obligor/consumer, am writing to dispute the entire billing statement with a due date of XX/XX/XXXX showing a Past Due Payment and balance in the amount of {$3300.00} to myauto account. 
The balance is in error for the following reasons : 1. The statement dated XXXX fails to show my indebtedness to United Auto Credit Corporation Pursuant to 15 USC 1666d, Whenever a credit balance in excess of {$1.00} ( otherwise known as a POSITIVE balance ) is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( XXXX ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall - ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by thecreditorand can not be traced through the consumers last known address or telephone number. 
Furthermore, pursuant to 18 USC 8, ALL debts, public and private, are the obligation of the United States. Including, 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. Per this law, the balance has been paid and I have created a credit balance in excess of {$1.00} using my signature.

2. United Auto Credit Corporation has not delivered to me, the consumer, legal disclosures no later than 21 days before the payment due date.

Pursuant to 15 USC 1666b - A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

United Auto Credit Corporation has not sent me, the consumer, disclosures including the information required by section 15 USC 1637 ( b ) separately from my monthly statement, that clearly and conspicuously informs me of my rights as a consumer 3. United Auto Credit Corporation has furnished deceptive forms to me, the consumer Pursuant to 15 USC 1692j, United Auto Credit Corporation has delivered via mail, monthly statements, creating the false belief in me, the consumer that a debt that has already been paid,- pursuant to 18 USC 8 is owed by me. United Auto Credit Corporation has purposely deceived me, the consumer into believing that I am to pay a debt that has already been paid, which means United Auto Credit Corporation has been paid twice since the inception of the credit card account.

Pursuant to 18 USC 1961, United Auto Credit Corporation has committed racketeering activity by extorting money from me monthly.

REMEDY I am requesting that the above errors be corrected in the following ways : 1. Pursuant to 15 USC 1666d, any POSITIVE balance, in excess of {$1.00}, related to the disputed amount be credited to my account, and that I get an accurate statement.

2. United Auto Credit Corporation DO NOT close my account, pursuant to 15 USC 1666 ( c ) ( 1 ), or take any adverse actions such as late payments in the form of negative credit reporting upon receipt of this notice, pursuant to 15 USC 1666a. as I have the right to withhold payment during a billing dispute.

3. Pursuant to 15 USC 1666d, United Auto Credit Corporation make a good faith effort to refund to me, the consumer by cash, check, or money order any part of the credit balances that have been paid in excess to United Auto Credit Corporation by me, the consumer. Pursuant to 18 USC 8, all debts are the obligation of the United States Enclosed are copies ofexamples of deceptive forms mailed by United Auto Credit Corporation statement showing positive balance, supporting my position and experience. Please correct the error on my account promptly. 
XXXX XXXX XXXX vehicle returned, Copy b 1099c filed XXXX XXXX sent to me along with all documentary evidence on the public and private side according per stipulations of GAAP ( General Accepted Account Principle ). All legal tender legal Tender payment returned XXXX. TENDER OF PAYMENT. 
Primary tabs ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. 

( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 

( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is XXXX. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

Here is there violations : 15 U.S.Code 1692d ( 1 ) 1692d ( 1 ) - Threats of violations, or criminal means to harm the reputation or property of any person.

Version 1.

AFFIDAVIT Notice, it is a fact, affiant is aware and has proof in EXHIBIT ( -- ) of United Auto Credit Corporation threatening to report unverified, false and misleading information to my consumer report which is a violation of 15 U.S.Code 1692d ( 1 ) and a violation of my 4th amendment right to be secure in my papers such as consumer reports about my person.

Notice, it is a fact, affiant is aware and has proof in EXHIBIT ( -- ) of United Auto Credit Corporation threatening to harm and or seize my property which is a violation of 15 U.S.Code 1692d ( 1 ) and a violation of my 4th amendment right to be secure in my property.

15 U.S.Code 1692d ( 6 ) 1692d ( 6 ) - phone calls without meaningful disclosures of the caller 's identity. Use this to attack them for not disclosing they are debt collectors after asking 3 times what the call is in reference to.

Notice, it is fact, affiant is aware, while collecting debt, this debt collector, employed by United Auto Credit Corporation was wearing a badge. Please provide the bonding number and bonding company showing that the individual is bonded by the United States otherwise, this representation was false, deceptive, misleading, fraudulent and a violation of 15 U.S.Code 1692e ( 1 ).

Notice, it is a fact, affiant is aware, this threat of foreclosure, that I, the affiant has proof of in EXHIBIT ( -- ) is a violation of 15 U.S.Code 1692e ( 4 ) and is fraud and illegal in the collection of any debts. This is a right secured to me by this code herein and the 4th amendment of the U.S Constitution.

Notice, it is a fact, affiant is aware, this threat of repossessions, that I, the affiant has proof of in EXHIBIT ( -- ) is a violation of 15 U.S.Code 1692e ( 4 ) and is fraud and illegal in the collection of any debts. This is a right secured to me by this code herein and the 4th amendment of the U.S Constitution.

Notice, it is a fact, affiant is aware and has proof in EXHIBIT ( -- ) of false and inaccurate credit information reported and it is a violation of 15 U.S.Code 1692e ( 8 ).

Notice, it is a fact, affiant has proof in EXHIBIT ( -- ) with reason to believe and do so believe [ INSERT AN ACTION YOU BELIEVE IS FALSE AND DECEPTIVE ] and this is a violation of 15 U.S.Code 1692e ( 10 ).

Notice, it is a fact, affiant is aware and have proof in EXHIBIT ( -- ) of United Auto Credit Corporation as a debt collector, has not conveyed the miranda as exactly as required under FDCPA and thus is a violation of 15 U.S.Code 1692e ( 11 ).

15 U.S.Code 1692f ( 6 ) 1692f ( 6 ) - to threaten to take any of your property in order to collect a debt. This law makes repossession and foreclosure letters illegal because the 4th amendment protects property from seizure. If you owned or took ownership of your birth certificate under a security agreement within a trust giving you control over your minor account and/ or had legal standing within law, the mere demand to have your all caps name pay is a violation of this law. Also perform a UCC- 11 lien search to verify this fact.

There is a lien on the Vehicle in my name UCC 1 filed and vehicle was illegally repossessed.

Not following their agreement with securities and exchange act of 1933 listed in their most recent filing of the securities and exchange commission onDec 31 2022. Not following the CFPD laws either. Providing false and deceptive information in contract and not going by the truth and lending act.

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. YES NO Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15 ( d ) of the Act. YES NO Indicate by check mark whether the registrant : ( 1 ) has filed all reports required to be filed by Section 13 or 15 ( d ) of the Securities Exchange Act of 1934 during the preceding 12 months ( or for such shorter period that the Registrant was required to file such reports ), and ( 2 ) has been subject to such filing requirements for the past 90 days. YES NO Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S-T ( 232.405 of this chapter ) during the preceding 12 months ( or for such shorter period that the registrant was required to submit such files ). YES NO Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting company, or an emerging growth company. See the definitions of " large accelerated filer, '' " accelerated filer, '' " smaller reporting company, '' and " emerging growth company '' in Rule 12b-2 of the Exchange Act.

Large accelerated filer Accelerated filer Non-accelerated filer Smaller reporting company Emerging growth company If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13 ( a ) of the Exchange Act.

Indicate by check mark whether the registrant has filed a report on and attestation to its managements assessment of the effectiveness of its internal control over financial reporting under Section 404 ( b ) of the Sarbanes-Oxley Act ( 15 U.S.C. 7262 ( b ) ) by the registered public accounting firm that prepared or issued its audit report.

Publish private information to third parties with out the consent of the individual which they imply in 10k report that they know that it could lead to trouble.

UACC 's financing operations are subject to U.S. federal, state, and local laws and regulations regarding loan origination, acquiring motor vehicle installment sales contracts from retail sellers, credit bureau reporting, servicing, debt collection practices, and securitization transactions. Certain states require UACC to have a sales finance license, consumer credit license, or similar applicable license. UACC has obtained licenses in all states as required. In addition, UACC is subject to enforcement by the Consumer Financial Protection Bureau ( CFPB ) and state consumer protection agencies, including state attorney general offices and state financial regulatory agencies.

We also are subject to laws and regulations involving taxes, tariffs, privacy and data security, anti-spam, pricing, content protection, electronic contracts and communications, mobile communications, consumer protection, information-reporting requirements, unencumbered internet access to our platform, the design and operation of websites and internet neutrality. We also are subject to laws and regulations affecting public companies, including securities laws and Nasdaq listing rules. 
Which have not been followed

Company response to consumer: Closed with explanation