Consumer complaint received 2023-05-12
Company: Exeter Finance Corp.
State: TX
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
I have had an ongoing dispute with the dealer that sold me an automobile. XXXX XXXX XXXX, XXXX committed fraud during and after my transaction on XX/XX/XXXX. They violated the DTPA, FCRA, FDCPA, and FAA, violating my consumer rights. I was lied to during the explanation of the terms, when I noticed additional charges on my finance charge. I asked how was it almost XXXX if I was told I was only approved for XXXX over the phone. XXXX XXXX finance manager said the warranty was a condition of my approval. My husband was also present during the transaction. I later called after I found this to be a lie and spoke to XXXXXXXX XXXX XXXX XXXXXXXX, whom I was told was XXXX XXXX  manager. I explained how I was deceived and that I wanted a review of the terms within my contract. I did not trust them now and wondered why they had me come back in to resign a second negotiable instrument.I let them know that I did not get the proper disclosures to make an informed decision, as well the vehicle had broken motor mounts, radiator, valves after I took the car home that cost thousands of dollars to repairs. I wrote them notice of dispute and demanded my right at rescind in early XX/XX/XXXX. XXXX XXXX XXXX has assigned the note to EXETER FINANCE. I realized that I had a yo yo deceptive technique done on me. Whereas the dealer called me after I left the signing stating they made an error. They needed me to resign the documents. Non checking the contract documents non of them were signed by dealer rep or me. I had to ask several times for my contract. I found dishonor in the contract and the transaction and demanded my consumer rights. I was ignored, so I then filed complaints with Attorney General, CFPB ( XX/XX/XXXX, and began arbitration. I filed a notice to cease and desist collection efforts during the dispute and to remove the defamatory and false credit profile reporting on me and my co-signer XXXX XXXX XXXX. We are still in pre arbitration and have been communicating via mail to their attorney XXXX XXXX. I am in the process of moving and pulled the automobile out garage to move trash. I later found the car missing when I went to pull it in garage. I called the Police and that is when I found out due to police investigating and asking my neighbors for their ring camera, that it had been towing. The police called to the tow yard and confirmed it was taken by XXXX XXXX. I am a victim of predatory and deceptive actions. The automobile has been charged of as well which is also being reported on our credit profile another violation of my privacy. Transactions between the creditor and consumer are not to be reported without consent. I was never given the proper Gramm Leach Bailey opt out disclosures and already have requested in XX/XX/XXXX for the false reporting to be removed with notice of my cease and desist. I am suffering extreme hardships due to this aggressive and abusive business practice with no support from policy enforcers. We filed a grievance with the AG and the OCCC for resolution and call on both entities to be investigated. I have been denied housing and employment due to this situation. The tow company has violated Texas Property Code 9.609 : This law sets out the rules for repossession of collateral, including vehicles. Among other things, it requires the creditor or collector to provide notice to the borrower before repossessing the vehicle, and it sets limits on the use of force during repossession. 
Texas Business and Commerce Code 17.41 et seq. : This law prohibits deceptive trade practices, including false or misleading statements by debt collectors. It also allows consumers to recover damages, attorney 's fees, and other relief if they are victims of deceptive trade practices.

Texas Finance Code 392.301 et seq. : This law sets out the rules for debt collection in Texas, including requirements for notice, verification of debts, and limits on harassment and abusive practices by debt collectors.

Texas Debt Collection Act ( TDCA ) : This law regulates the practices of debt collectors in Texas and provides numerous protections for consumers, including requirements for written notice of the debt, limits on communications with third parties, and prohibitions on certain debt collection practices. 
Texas Uniform Commercial Code ( UCC ) : The UCC governs secured transactions, including vehicle loans. It establishes the rules for creating and enforcing security interests in personal property, including vehicles.

Company response to consumer: Closed with explanation