Consumer complaint received 2023-03-23
Company: Upgrade, Inc.
State: SC
Product: Payday loan, title loan, or personal loan
Sub-product: Installment loan
Issue: Getting the loan

Complaint:
1. On XX/XX/2023, as the original creditor, private investor I extended credits to you for the applicant/principal, consumer based on the information in the credit application. I did not extend credits to the applicant to be determined by the applicant consumer report. 

2. 15 USC 1681a ( I ) ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer ; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. 
Before selection of the consumer for the offer it was fully determined only the information on the credit application can be used to determine a firm offer of credit. 

3. I received a letter from you on XXXX XXXX, stating you denied the consumer/principal extension of credit based on the consumer credit report. 

This is misconception and deceit, as the private investor I was under the impression I was extending credit only based thoroughly on all information in the credit application. 

4. 15 USC 1681a ( I ) ( 2 ) ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.

As the Original creditor/private investor I extended credits based on the verification of the information in the consumers application and determined that the consumer was credit worthy of the extended credits.

5. 15 U.S. Code 1681n - Civil liability for willful noncompliance By not fully complying with the terms I extended the credits to the consumer based on the information in the credit application alone, you are fully in violation of the consumer rights. Therefore, you now hold civil liability for willful noncompliance. 

6. 15 U.S. Code 1681o - Civil liability for negligent noncompliance Your negligent noncompliance by not extending the credits to the consumer is violating the rights that the consumer was granted by me as the original creditor/private investor, that was determined by the information in the credit application. 

7. The damages caused in your incompetency I have suffered negligence in my family household by not being able to acquire the necessity for my family. This is violation of my pursuit of happiness, I have been shamed, this damages my character reputation, causes mental illness, and a great deal of stress. I have fully lost trust in the banking system by you making false claims and using false records and statement materials for the approval of credit ( 31 USC 3729 ). 
The damages are in the total amount of {$100000.00} 8. My prayer in relief, I ask that you fully restore all trust within the banking system by fully extending the credits to the consumer. My research, time, labor to respond to your adverse action is valued at {$10000.00} and I should be fully compensated. The first Amendment of the U.S. Constitution protects my right to work. I have a right to work and contract my labor, my time, and my skill, and my life as I see fit. If I am not fully giving all demands to restore faith and trust within this credit transaction, I will take civil actions for all damages caused by your negligence. 

9. I declare under penalty and perjury under the laws of ( state of South Carolina ) that all is true and correct to the best of my knowledge. Void where prohibited by law, however it does not change the rest of the Truth!

Company response to consumer: Closed with explanation