Consumer complaint received 2023-08-29
Company: TD BANK US HOLDING COMPANY
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Changes in terms mid-deal or after closing

Complaint:
I, XXXX : Prather BENEFICIARY XXXX Original Creditor, Natural Woman, and authorized representative for XXXX XXXX, hereby rescind my consent to be liable to perform on the contract agreement as I entered with " TD BANK N.A. ". on XX/XX/XXXX. I entered into this contract agreement with TD BANK, without XXXX ). Full disclosure of my right to rescind XXXX ). Transparency regarding the process of the consumer credit application being the financial asset ( 12 CFR 360.6 ( 2 ) ) as well as self-liquidating paper ( 17 CFR 260.11b-6 ) ). I have reason to believe that TD BANK willingly and knowingly took advantage of me and my consumer credit. I am not terminating or canceling this contract, I am deducting my liability to pay on behalf of the obligor as I have found several violations and fraud. Notice that Pursuant to 15 U.S. Code 1635 ( b ) upon receipt of this rescission, I am not liable for any finance charge security interest etc. becomes void effective immediately. Upon the delivery of this letter of rescission, you must retract your electronic lien submission. According to The GEORGIA SUPERIOR COURT CLERKS COOPERATIVE AUTHORITY and the current UCC laws that you are governed by you do not hold any lien on my personal private property, therefore you are not the lienholder. As effective of the date of your receipt of this letter, you do not have any security interest in private property : XXXX XXXX XXXX XXXX XXXX # XXXX TITLE # XXXX, therefore you must update this status with the XXXX XXXX  XXXX XXXX XXXX by filing the proper forms and sending them registered mail. The documents have been sent to your INDENTURED TRUSTEE ( XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX ) via registered mail. Please review the following notarized RIGHT OF RESCISSION AFFIDAVIT and mailing instructions for the enclosed documents. Thank you for your time and attention to this matter. 

Respectfully, XXXX : XXXX BENEFICIARY XXXX Prejudice, All Natural Inalienable Rights Reserved. 

ACCORDING TO THE LETTER OF RESCISSION ( XXXX XXXX NUMBER XXXX XXXX XXXX XXXX XXXX ) TD AUTO HAS NO SECURITY INTEREST IN CONSUMER 'S PRIVATE PROPERTY INCLUDING THE COLLATERAL, TITLE, AND REGISTRATION. THE ELECTRONIC XXXX MUST BE REMOVED DUE TO THIS UPDATE IN CONSUMERS CONTRACT. CONSUMER IS THE BENEFICIARY AND AS CONSUMER GIVES PERMISSION SO XXXX THEY TAKE IT AWAY. WITH THIS UPDATE TD AUTO FINANCE ALSO HAS NO RIGHT TO REPOSSESS THE VEHICLE NOR VIOLATE CONSUMERS PRIVACY NOR REFERENCES PRIVACY IN HOPES TO TAKE CONSUMERS PRIVATE PROPERTY. THE REASON FOR THIS UPDATE IS BECAUSE TD AUTO FINANCE FAILED TO PROVIDE CONSUMER WITH PERTINENT INFORMATION IN REGARDING THEIR CONTRACT, INCLUDING THE TRUE BILL OF SALE. THE CONTRACT WAS CHANGED BETWEEN THE DEALERSHIP AND TD AUTO FINANCE, WHICH ACCORDING TO THE TRUTH IN LENDING ACT CONSTITUTES FRAUD. CONSUMERS PAYMENT TERMS WERE CHANGED WITHOUT ANY EXPLANATION AND WITHOUT THEIR CONSENT. CONSUMER ATTEMPTED TO PAY TD AUTO FINANCE LAWFULLY WITH A STAMPED AND ENDORSED SECURITY ( BILL STATEMENT ), XXXX XXXX REJECTED IT WITHOUT INSTRUCTIONS ON ANY CORRECTIONS NEEDED. TD AUTO KEPT THE SECURITY AND DID NOT RETURN IT AS INSTRUCTED IN THE LETTER SENT. THE OPERATIONAL FRAUD DEPARTMENT HAD THE AUDACITY TO SAY THAT THE CONSUMERS ATTEMPT TO PAY THEM IN LAWFUL MONEY WAS AN ATTEMPT TO CREATE A FRAUD TENDER INSTRUMENT. TD BANK JUST PAID OUT {$1.00} XXXX IN SETTLEMENT FOR FRAUD PONZI SCHEMES BY ONE OF THEIR OWN FINANCERS. IF THE DEPARTMENT WAS NOT KNOWLEDGEABLE ABOUT THE INFORMATION THAT CONSUMER SENT, THEN PROPER AND PROFESSIONAL THING TO DO WOULD HAVE BEEN TO RESEARCH THIS INFORMATION WITH THEIR INVESTOR RELATIONS OR INDENTURED TRUSTEE AND INFORM CONSUMER OF THE PROPER WAY TO REMIT LAWFUL PAYMENT. CONSUMER WAS UNAWARE THAT THEY DO LOCKBOX FUNDING AND THE LOCKBOX WOULD NOT KNOW HOW TO PROCESS MY PAYMENT. CONSUMER IS OFFENDED BY THIS AND FEELS LIKE THIS IS DEFAMATION OF THEIR CHARACTER BECAUSE ALL THE ARE DOING IS MAKING AN ATTEMPT TO TAKE CARE OF THE ACCOUNT, IN GOOD FAITH. CONSUMERS HAS A RIGHT TO EXERCISE THEIR RIGHTS! NOT ONCE DID TD INSTRUCT CONSUMER OF OPTIONS TO RESCIND THE CONTRACT OR HOW TO REMIT LAWFUL PAYMENT. THE CONSUMER REQUESTED A TRUE BILL OF SALE AND ALL ACCOUNTING DOCUMENTS BUT HAS NOT RECEIVED THEM. IT TAKES ONLY {$30.00} TO SEND OVERNIGHT, THERE IS NO EXCUSE. IN REGARD TO CREDIT REPORTING, CONSUMERS CREDIT FILE DISCLOSURES STATE THAT THE DEBT WAS WRITTEN OFF AT {$39000.00} BUT TD AUTO CONTINUES TO REPORT A STATUS OF LATE PAYMENT ALTHOUGH IT STATES THERE IS NO MONTHLY PAYMENT. IN ADDITION TO THIS THE INFORMATION IS NOT IDENTICAL ACROSS THE BOARD. ANOTHER ACCOUNT STATES COLLECTION/CHARGEOFF IN THE AMOUNT OF {$41000.00} BUT THIS IS ALL INACCURATE BECAUSE THEY NEVER EVEN SENT CONSUMER COPY B OF IRS FORM 1099-C OR 1099-A SHOWING THE ACCOUNT HAD BEEN WRITTEN OFF, FOR CONSUMER RECORDS AND TAX PURPOSES. THE FALSE, INACCURATE AND XXXX NON-COMPLIANT CREDIT REPORTING HAS CAUSED CONSUMER PHYSICAL HARM AS CONSUMER HAS BEEN DENIED HOUSING DUE TO THEIR NEGLIGENCE AND UNWILLINGNESS TO FOLLOW FEDERAL LAW THEREFORE, CONSUMER HAS A RIGHT TO FILE CIVIL SUIT WITHIN THE DISTRICT OF FEDERAL COURT THAT TD AUTO IS GOVERNED.

IN ADDITION TO THIS CONSUMER SENT REGISTERED SECURITY VIA REGISTERED MAIL WITH VERY SPECIFIC INSTRUCTIONS TO THEIR INDENTURED TRUSTEE TO PROPERLY CANCEL THE DEBT, SECURITIZE THE NOTE THROUGH CONSUMERS TREASURY DIRECT ACCOUNT AND REFUND THEIR FRN ( IOUS ). ACCORDING TO THE LAW, AS THE BENEFICIARY CONSUMER IS ENTITLED TO ALL BENEFITS FOR ALL SAID WILLS, TRUSTS, AND CONTRACTS. ACCORDING TO THE BANKRUPTCY BANKING ACT OF 1933, CONSUMERS CAN NOT PAY A DEBT WITH A DEBT INSTRUMENT AND THAT IS WHAT THE DOLLAR IS! THIS IS WHY THE BANK AND THEIR INDENTURED TRUSTEE/TRUSTEE ARE GOVERNED BY THE BANKRUPTCY BANKING ACT, INDENTURED TRUSTEE ACT AND SECURITIES AND EXCHANGE ACT. TD AUTO FINANCE ( A DIVISION OF TD BANK N.A. ) IS IN VIOLATION OF UCC LAWS, US CODES AND VARIOUS FEDERALLY PASSED ACTS.

PLEASE REFER TO Universal Citation : GA Code 11-9-310 ( 2020 ) IN REGARD TO WHO FILES FINANCING STATEMENTS FOR SECURITY INTEREST AND WHEN THIS IS NOT DONE, THEY DO NOT HOLD NO SECURITY INTEREST THEREFORE HOLD NO RIGHT TO SUBMIT THEMSELVES AS LIENHOLDER.

PLEASE REFER TO Section 360.6 OF CODE OF FEDERAL REGULATIONS - Treatment of financial assets transferred in connection with a securitization or participation AND 17 CFR 260.11b-6 - Definition of self-liquidating paper in section 311 ( b ) ( 6 ) -The term self-liquidating paper, as used in section 311 ( b ) ( 6 ) of the Act, means any draft, bill of exchange, acceptance or obligation which is made, drawn, negotiated or incurred by the obligor for the purpose of financing the purchase, processing, manufacture, shipment, storage or sale of goods, wares or merchandise and which is secured by documents evidencing title to, possession of or a lien upon the goods, wares or merchandise or the receivables or proceeds arising from the sale of the goods, wares or merchandise previously constituting the security : Provided, The security is received by the trustee simultaneously with the creation of the creditor relationship with the obligor arising from the making, drawing, negotiating or incurring of the draft, bill of exchange, acceptance or obligation.

PLEASE REFER TO THE FAIR CREDIT REPORTING ACT, ELECTRONIC FUNDS TRASNFER ACT, GAAP, TRUTH IN LENDING ACT, SECURITIES AND EXCHANGE ACT, INDENTURED TRUSTEE ACT AND THE BANKRUPTCY ACT.

Company response to consumer: Closed with explanation