Consumer complaint received 2023-06-14
Company: TD BANK US HOLDING COMPANY
State: CA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
On XX/XX/XXXX I was pre-approved for {$52000.00} with XXXX XXXX XXXX XXXX. On XX/XX/XXXX I found a car for sale that meet my monthly payment criteria with all the desired add-ons. Using the XXXX XXXX XXXX portal I reached out the dealership XXXXXXXX XXXX XXXX XXXX XXXX  to confirm availability and schedule a test drive. That day I went up to the dealership to finalize the consumer sale transaction. 
I was violated by XXXX XXXX XXXX of XXXX XXXX. On XX/XX/XXXX I was in need of a vehicle and decided to go with XXXX XXXX XXXX. Using their auto locator website I found a XXXX XXXX XXXX at XXXX XXXX XXXX in XXXXXXXX XXXX. Agreed upon price {$19000.00}. Or so I was mislead to believe that was the agreed purchase price for everything we ( the Sales Associate XXXX XXXX and I ) had discussed and went back forth about, had agreed to. Until his Sales manager came into the transaction. 

My application for an auto loan with XXXX XXXX was pre approved. When I presented my pre-approval information the XXXX XXXX XXXX asked me for my ID and to complete a one page piece of paper, he stated was in order to bring up my pre-approval information. This was false and misleading information pertaining what was need to access my pre-approval as my pre-approval letter states to simply provide them this letter with my confirmation information on it and the dealership will call XXXX XXXX once I have selected a vehicle. He later asked me to email him this letter to XXXX. He also stated several times during my time at the dealership all vehicle at XXXX XXXX XXXX come with Paint and interior protection. This provides peace of mind when it comes to damages outside or inside all of our vehicles, he stated this four times. Twice outside prior to me agreeing to a test drive. Again when I returned from the test drive and we were going back into the office building. Then once again while sitting at his desk while I was waiting for the Sales Manager to bring the terms of my XXXX XXXX XXXX approval. 

The Sales Manager violated me and my consumer rights during this consumer transaction several times. He informed me of false and misleading information pertaining to the requirements in order to complete the purchase of the vehicle using my preapproval. The Sales Manager stated that in order to move forward with my pre-approval with XXXX the bank required me to put a down payment of {$8000.00} on a Purchase price of {$19000.00} and that my interest rate would be 18.5 %. Pursuant to 15 USC 1662b it is illegal to require a down payment in conjunction with an extension of consumer credit. It is a fact that I was told that the cash down payment was the only way I could move forward with using my pre-approval finance I already obtain prior to arriving in their office. When I asked for a copy of these terms in writing, I was refused a copy. The manager then proceeded to inform me of other financing options and terms. After leaving the dealership I was able to go through my emails and my credit monitoring alerts informed me that my credit had been ran numerous times during my time at the dealership on XXXX XXXX XXXX PST. So now I have hard inquiries on my report when the XXXX XXXX and XXXX XXXX XXXX were the only two with my personal information. Per the congressional findings of Truth In Lending Act, The purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to them and avoid the uninformed use of credit. The Sales Manager stole my identity to offer other financing options that did not benefit me, was not requested by me, nor authorized. None were within the payment range I stated several times my budget could allow for. The Sales Manager then informed me I was required to purchase extended warranties to be approved for financing options that would be closer to my price point. This information left me to be convinced a that my only option was to accept unfair terms through deceptive, coercive, exploitative or unscrupulous actions for a loan that I didn't need ( had pre-approval ), didn't want ( I stated several times I did not want any extras ) or can't afford ( I stated my budget and the max I could afford, which is why I wanted to see my terms from my approval with XXXX XXXX  it was well within my price range prior to me arriving in this office ). I am still receiving denial of credit letters for auto loan credit extension to this day steaming from this identity theft. 

When I asked for a copy of my consumer transaction file, I was told that I would get a copy of my signed contract and all documents withing 2-3 days via email. After 10 days I had to go back to the dealership to obtain a copy of my signed documents. When I arrive the Sales manager stated that they did not have my email, which is absolutely false. As I emailed them my proof of insurance, which they required of me before I was able to complete the transaction. Also emailed them a copy of my XXXX pre-approval letter to facilitate the completion of my pre-approval application. 

Once I had a copy of my consumer transaction paperwork, I was able to look further into the documents. I have found so many inaccuracies regarding the information example the credit application that has a signature, not mine as I do not sign with ANY letters directly on top of each other, I also do not use the leading 0 when writing the day for dates ( compare my signature on other the pages ) that I did not fill, submit, nor sign at the time of sale. 

I was never given a full breakdown of what was included in the finance charge in either contract. Based on the consumer protection laws and your lack of complete disclosure I rescind the entire transaction due to fraud. Any fraud vitiates the entire financial transaction. Finance charge is on money given to you, not credit transactions Agreement has finance charges by the finance company in this case XXXX XXXX XXXX, committed predatory lending in a consumer credit transaction under Regulation Z. Pursuant to15 USC 1605 ( a ) : the amount of a finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges. I did not enter KNOWINGLY, VOLUNTARILY, AND INTENTIALLY. I do not accept the liability of any compelled benefit or lack thereof, or any unrevealed contact or commercial agreement. I have a right to sue you under the Common Law for violating my rights under the UCC. I did not sign any contract where I received COMPLETE DISCLOSURE AND EQUAL CONSIDERATION. If I did, it was UNKNOWINGLY, INVOLUNTARIY AND UNINTENTIONAL. How is it possible to be in agreement/contract with three entities regarding the same vehicle? Proof will be provided. CONSUMER PROTECTION LAWS Equal Credit Opportunity Act / Truth in Lending Act Regulation Z Fair Credit Reporting Act / 15 USC 1611 - False & Inaccurate information Fair Debt Collections Practice Act / 15 USC 1692 - Debt collection practices CFPB 1026.23 Right of Rescission ( cancellation ) TD Auto very first correspondence was an attempt to collect a debt and no disclosures were provided. 

XXXX It is a fact that once there is a dispute of any billing error, a creditor can not report any information to a 3rd party until the dispute has been resolved, pursuant to 15 USC 1666a. It is a fact that it was never disclosed that all service fees were to be included with the finance charge as noted per 15 USC 1605. It is my understanding that any and all services that may be needed for the life of this vehicle will be covered by your company and that I would only be responsible for the cost of parts. It is a fact that pursuant to 15 USC 1692c, I am providing notice that I refuse to pay any debt and as the original creditor ( since I created the debt ) I intend to invoke a specified remedy. It is a fact that disclosure of my rights to rescind the consumer credit transaction or the documents required for me to rescind the transaction was never provided to me as required pursuant to 15 USC 1635. Under 15 USC 1635, I am exercising my right to rescind the consumer credit transaction, which would include any power of attorney. Since the vehicle has depreciated in value it is not equitable for me to return the vehicle. Within 20 days of receiving this notice, you will return all payments made in relation to this contract as well as take all required action to reflect the termination of your security interest that was created by this consumer credit transaction. 

On XX/XX/XXXX I mailed the following letter to both XXXX XXXX XXXX and TD Auto Finance via certified mail. TD Auto received this letter on XX/XX/XXXX at XXXX  ( Tracking number XXXX ). XXXX  received this letter XXXX XXXX XXXX XXXX Tracking number XXXX ). As of XX/XX/XXXX I have received a letter from XXXX which does not address what my letter has requested. TD Auto has still not responded, validated the debt, update my consumer report to reflect that this account is disputed and has violated FDCPA Section 805 ( a ) ( 3 ) and FDCA Section 1006.6 ( b ) ( 3 ) laws by continuing to attempt to collect on this fraudulent debt. Also contacting me at work even after I notified them, several times. 



XXXX XXXX XXXX XXXX XXXX XXXX, California XXXX XX/XX/XXXX TD AUTO FINANACE XXXX XXXX XXXX XXXX XXXX, MI XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT Re : Acct # XXXX TD AUTO FINANACE Re : Acct # XXXX Make of car : XXXX Model : XXXX XXXX # XXXX To Whom It May Concern : I recently received a copy of my credit report and I noticed an account on my consumer report that should not be on there. I demand the below accounts be deleted from my consumer report immediately. 
TD Auto Fin XXXX The reporting of these account ( s ) is/are violations of 15 USC 1681a, The Fair Credit Reporting Act [ 15 USC 1681 ( a ) ( 2 ) ( B ) ] : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; So let me explain. Under the Truth in Lending Act 15 USC 1602 ( g ), credit card is defined as the following : The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. 
This makes my social security card, drivers license/ID, and license plate credit cards that are/were used for the extension of credit. 


I am writing in regard to the above-referenced account and transactions. This vehicle was purchased at XXXX on XX/XX/XXXX. 

I have recently come across inform from the Federal trade Commission ( FTC ) more specifically the GrammLeachBliley Act 15 USC 6802 obligations with respect to disclosures of personal information ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) OPT OUT ( 1 ) IN GENERAL financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

XXXX did not disclose this information to me that is required by federal law. 
XXXX knowingly and willfully withheld pertinent information regarding the disclosure of my information to affiliated and non-affiliated third parties. 
XXXX knowingly and willfully withheld information that explained how I the consumer can exercise that nondisclosure option. 

You are in violations of several federal laws you have 10 calendar days from the receipt of this letter to delete this account from all credit reporting agencies that you have furnished this information to along with all my Consumer reports that this information is on. 

Should you decide to discriminate against me for future business and or product because I exercised my rights under this or any chapter I will be coming after you for damages and I will use the contents of this correspondence as proof of such decision. 
15 USC 1691 a ( 3 ) ( a ) ACTIVITIES CONSTITUTING DISCRIMINATION It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( XXXX ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( XXXX ) because the applicant has in good faith exercised any right under this chapter. 



Best Regards XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, California XXXX XX/XX/XXXX TD AUTO FINANACE XXXX XXXX XXXX XXXX XXXX, MI XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX of a Debt Request Pursuant to 15 USC 1692g.

BE ADVISED, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g stating your claim is disputed and validation is requested. 
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major credit reporting agencies ( XXXX, XXXX or XXXX ) this action may constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark ( s ) is found on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : violation of the Fair Credit Reporting Act, violation of the Fair Debt Collection Practices Act, and Defamation of Character ( per se ).

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information, during which time all collection activity shall CEASE and Desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of information to a credit reporting repository/ agency that could be inaccurate or invalidated. 
If your office fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file, and a copy of such deletion request shall be sent to me immediately. 

Sincerely, XXXX XXXX The Following information is required. Please fill out the form below in its entirety. 
XXXX. Name and address of Alleged creditor : XXXX. Name on file of alleged debtor : XXXX. Alleged Account # : XXXX. Address on file for alleged debtor : XXXX. Amount of alleged debt : XXXX. Date this alleged became payable : XXXX. Date of original charge off or delinquency : XXXX. Was this debt assigned to a debt collector or purchased? ____ No ____Yes XXXX. Amount Paid if debt was purchased : XXXX. Commission for debt if collection efforts are successful : Please attach copies of the following : Agreement with your client that grants TD AUTO FINANACE the authority to collect this alleged debt. 
Signed agreement Debtor has made with Debt Collector, or other verifiable proof Debtor has a contractual obligation to pay Debt collector.

Any agreement that bears the signature of Debtor, wherein agreed to pay Creditor.

All statements while this account was open. 
Have any insurance claims been made by any creditor regarding this account? 
o Yes o No Have any Judgements been obtained by any creditor regarding this account? 
o Yes o No Please provide me the name and address of the bonding agent for TD AUTO FINANACE, in case legal action becomes necessary : Date : ________________ _________________________ Authorized Signature of Creditor You must return this completed form along with copies of all requested information, assignments, or other transfer agreements, which would establish your right to collect this alleged debt within XXXX calendar days from the date of receipt of this letter. 
Your Claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for Validation made pursuant to the Fair Debt Collection Practices Act.

Please allow 30 calendar days for processing after I receive this information. 

Thank You.

Company response to consumer: Closed with non-monetary relief