Consumer complaint received 2021-11-30
Company: TD BANK US HOLDING COMPANY
State: DC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
This is a follow-up to CFPB complaint XXXX. I appear not to have communicated effectively with TD Autofinance. Per their response ( attached ), under the Fair Credit Reporting Act, they can not fail to report a late payment unless it is due to a bank error. But the account originally fell delinquent because of an error on the part of TD Autofinance that remains visible even in their literal response to my original CFPB complaint, attached. XXXX XXXX spells my name correctly in the heading of her response on the first page. Yet the automatically generated letter from TD Autofinance, an attached to its third page, shows a different spelling. This is the error on the part of TD Autofinance that caused the payment to bounce, still there for you to see. And it seems to evade the detection even of the TD Autofinance employees who, presumably, reviewed the original response document before sending it. 

In response, TD Autofinance seemed to think that at some point I entered incorrect payment information, causing the original payment to bounce. But the incorrect information that caused the payment to bounce came, and still comes, from TD Autofinance. At no point did I myself enter any incorrect information. 

Indeed, TD Autofinance still does not have my correct, legal name as the name on the account. The name they have is " XXXX XXXX XXXX XXXX '' rather than " XXXX XXXX XXXX, '' which is the name that appears on my passport ( attached ) and other legal documents, like bank account information. This strange error is why the original payment through autopay bounced. The account numbers used for every single transaction I have done with TD Autofinance, whether they have bounced ( causing this whole imbroglio ) or gone through, are the exact same. There is no problem with the numbers, just the name that TD Autofinance seems to have on record. TD Autofinance should be able to easily verify that with their records. They will see XXXX sets of transactions, and XXXX will have gone through successfully. But the account numbers will be the exact same. 

When the original payments have bounced, it was because TD 's erroneous record of my name caused the payment to bounce at the bank. There was no way to prevent this, given the original error. You can not even change the name on the account in TD Autofinance 's autopay portal ; only enter the account numbers. Accordingly, would literally have been impossible to prevent this scenario given the underlying error of name in TD Autofinance 's record ; no bank would ever be able to match the erroneous name to the correct account that matches my legal name. I can not see how this is not the type of bank error on TD Autofinance 's part that would allow TD Autofinance to not report the deliquency as part of the Fair Credit Reporting Act. 

To this day, when I have managed to pay, it has been through the one-time payment portal that does allow you to specify a different name than the one that is XXXX TD Autotrade 's file, which, to repeat is not my legal name. XXXX XXXX XXXX XXXX is the name that appears on a driver 's license that includes suffixes as part of legal names ; XXXX XXXX XXXX appears on my passport ; XXXX XXXX XXXX XXXX appears nowhere besides TD Autofinance 's records. I could figure this out when the account was already past due, because, again, TD Autofinance seems to have the incorrect name baked into its system -- including in the fields that you CAN NOT change when setting up Autopay, which only asks for account numbers. And, as I have mentioned, I never entered incorrect account numbers. 

TD Autofinance should be able to verify that easily with their own records. You will see a payment fail when the account numbers are right and XXXX XXXX XXXX incorrect name of record is used, but succeed when the same account numbers and the correct rather than TD Autofinance 's incorrect name is used ( which is literally impossible to do in XXXX XXXX  's Autopay ). Accordingly, this whole imbroglio seems to arise from TD Autofinance 's erroneous record of my legal name, and would seem to be the type of bank error that allows TD Autofinance to not report the delinquency under the FCRA. 
While I have tried to call the number listed on the original complaint XXXX and have left a message, I have yet to receive an answer. Hence I have written this complaint instead. But feel free to call at XXXX at your convenience.

Company response to consumer: Closed with non-monetary relief