Consumer complaint received 2023-11-08
Company: AMERIS BANCORP
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Credit denial

Complaint:
I hope this letter finds you well. I am submitting this complaint regarding an issue about my recent application for an auto loan at Ameris Bank. On or about XX/XX/2023, I applied for credit in good faith and with clean hands, seeking to extend an auto loan. However, my application was denied on the grounds that my credit score was deemed below average.

I would like to bring to your attention that Ameris Bank, in accordance with the Equal Credit Opportunity Act, utilized consumer reporting agencies to evaluate my creditworthiness. It is my belief that this evaluation resulted in discrimination, as it denied me my rightful opportunity to extend credit based on subjective judgments.

I would like to draw your attention to the fact that when a bank accepts various instruments from customers, such as bullion, coin, currency, checks, drafts, or promissory notes, and records them as assets, it is obligated to record corresponding liabilities. These liabilities, in the form of demand deposits, represent the amounts owed to the depositors or customers. According to the literature from the Federal Reserve Banking System, a significant percentage of funds advanced to borrowers are created by banks themselves through the monetization of negotiable instruments. This process involves debiting the bank 's asset account and crediting a liability account, specifically a demand deposit account, for the face value of the executed note.

As defined in 12 U.S.C 1813 ( l ), the term " deposit '' refers to the unpaid balance of money or its equivalent received or held by a bank or savings association in the usual course of business, for which it has given or is obligated to give credit.

It is my contention that Ameris Bank has engaged in the extortionate withholding of credits rightfully due to me, thereby making an extortionate extension of credit. Pursuant to 18 U.S.C 894 whoever makes an extortionate extension of credit or conspires to do so may be subject to fines, imprisonment, or both.

I am hereby demanding that the credits being held on my behalf be released to me promptly. Alternatively, I request the return of the original application, given Ameris Bank 's failure to provide the necessary credit.

Moreover, I would like to remind you that equity demands clean hands. It is crucial to adhere to the principle that equity follows the law, as established in the case of E.O.H.C. ex rel. M.S.H.S. v. Barr, Case No. 5:19-cv-06144-JDW. Additionally, the concept of equality under the law is a fundamental principle rooted in moral and natural law, recognized by God 's Law. Numerous biblical references, such as Exodus 21:23-25, Leviticus 24 : 17-21, Deuteronomy 1:17 and 19:21 , Matthew 22:36-40, Luke 10:17 , and Colossians 3:25 , emphasize that no one is above the law. It is both a moral and legal obligation for everyone to acknowledge this truth, and any deviation from it is untenable. 

I want to make it clear that if these matters are not resolved promptly, I will hold both Ameris Bank and yourself, XXXX XXXX XXXX, liable for the discrimination I have experienced and the denial of my right to extend credit. In such circumstances, I will have no choice but to pursue legal action against Ameris Bank. 

I kindly request that you or Ameris Bank respond to this letter within XXXX business days of receiving this notice. I believe that a prompt resolution can be achieved through open communication and a fair assessment of the situation. 

Thank you for your attention to this matter. I look forward to your timely response and a satisfactory resolution. 
Please Feel Free to contact me at XXXX or via email XXXX Sincerely, Done in good faith By : XXXX : XXXX

Company response to consumer: Closed with explanation