Consumer complaint received 2021-12-05
Company: Bepensa Capital, Inc.
State: IN
Product: Debt collection
Sub-product: Auto debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
this complaint is in response to credit real USA previous response on complaint XXXX. 

1.They stated that I did not enter into a credit transaction under the truth in lending which is false. They provided proof in the previous response with a contract that clearly says " Truth in Lending Disclosure ''. 

Which I was never given full Disclosure on how to exercise my right to rescind this transaction which a violation of 15 U.S.C 1635 2.They also stated in previous responses that they are not subjected to the FDCPA which is also false.

15 U.S.C. 1692A ( 6 ) states that a debt collector is ANY person who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. this makes Credito Real a Debt Collector under the Fair Debt Collection Practices Act.

So they are obligated to validate this Debt pursuant to 15 U.S.C 1692g. they are REQUIRED to provide these 5 contents upon initial communication. ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

3.Credito Real USA also stated that this was not an credit transaction which is also false when 15 USC 1605 states the determine of a finance charge and it quotes " Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended '' A Finance charge is only commuted when there is consumer credit transaction and under no other circumstanses.

4.Credito Real is an Financial Institution pursuant to 12 USC 1843K and is in Violation of 15 USA 6801 and displaying non public information that I wish to opt out of their system to provide information to the credit reporting agencies to resell my private information Credito Real USA has been using false information the entire time has now proven that they are in violation of Truth in Lending ACT, Credito Real has never provided any statue codes or laws to back up any of their responses and is committing fraud and now these responses will be use as exhibits to proceed in litigation

Company response to consumer: Closed with explanation