Consumer complaint received 2023-10-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MN
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Company explaining amount owed

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MN [ XXXX ] XXXX XX/XX/2023 Bank of America and their Agents XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX and their Agents XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX Re : Freedom of Information Act ( FOIA ) Request - Loan Information and Transfer of Funds Dear Agent in charge of FOIA requests, I am writing to file a formal request for a FOIA. The purpose of my FOIA request was to obtain information pertaining to a loan transaction identified by Loan # XXXX, specifically details regarding the transfer of funds and supporting evidence of the loan agreement. Additionally, I am concerned about potential fraudulent practices involving XXXX XXXX XXXX XXXX XXXX  XXXX the car dealership that sold me both vehicles. 
The only information given to me was the Contract that was performed in Fraud. Nothing else was provided to me. This FOIA request involving Bank of America to obtain comprehensive information related to the loan transaction, as I have been unable to locate any documentation or evidence indicating the existence of a loan agreement, despite having received credit from Bank of America. The lack of transparency and evidence surrounding this loan has raised significant concerns about the legitimacy of the transaction. 
To date, I have not received any satisfactory response to my FOIA request from Bank of America. It is my understanding that, pursuant to the FOIA, agencies are required to respond within 20 business days and provide access to the requested information unless it falls under an exemption. However, Bank of America has not provided any information, documentation, or evidence regarding the loan agreement or the transfer of funds. 
Furthermore, I have reason to believe that fraudulent practices may have been employed by XXXX XXXX XXXX XXXX XXXX XXXX XXXX, in connection with this loan transaction. The lack of transparency and supporting documentation from Bank of America has only exacerbated my concerns in this regard. 
I hereby request that Bank of America promptly and fully complies with my FOIA request by providing all documentation and evidence related to Loan # XXXX, including but not limited to : 1. Loan agreement or contract. 
2. Loan application.

3. Records of the transfer of funds.

4. Correspondence related to the loan.

5. Any internal memos, notes, or records pertaining to the loan.

I also request that Bank of America investigate the circumstances surrounding this loan transaction and its potential connection to fraudulent practices with XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 







Bank of America only gave me a copy of the contract, not the purchase order in both transactions. Nothing where credit was given or the exchange of anything. I kindly request that you acknowledge receipt of this request within 10 business days and provide a timeline for the resolution of my FOIA request. 
Thank you for your immediate attention to this matter. I anticipate your prompt response. 
This was has not been resolved. I have had no access to my vehicle. This information they provided is incorrect. No credit application was supplied. I am not the borrower.

15 USC 1692 ( a ) ( 4 ). UCC 8-102. No consideration was given nor was there any documentation showing any loan was given. Any transfer of any said monies.

16 CFR 444.3 The dealership can not be both the seller and the creditor.

UCC Article 2 made this contract unconscionable.

FRAUD VITIATES ALL CONTRACTS My vehicle was stolen from my driveway and I want remedy.

Consumer Protection means consumer not corporation! The acts of all of those involved including the last one I filed is abhorrent. These are serious violations of the LAW. 
Sincerely, Agent for the name XXXX XXXX XXXX Durable power of attorney-in-fact XXXX : XXXX  Filed with XXXX XXXX XX/XX/2023.

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