Consumer complaint received 2023-03-23
Company: TD BANK US HOLDING COMPANY
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:
Pursuant to 18 U.S.C. 8, 18 U.S.C 893 & 894, 18 U.S.C. 1028A, 15 U.S.C. 1605, 1635,1662, 1666b, 1692, & 18 U.S.C. 1962 I have been extorted! It appears that TD Auto Finance financed an extortionate extension of credit as I discovered my private property was stolen on XX/XX/XXXX at or around XXXXXXXX XXXX. After calling the local police department, I was informed that my private property had been " repossessed ''. I was very confused because I never gave authorized consent for TD Auto Finance to transfer my nonpublic personal information to any unauthorized third parties, meaning TD Auto Finance has committed identity theft. I called TD Auto Finance on XX/XX/XXXX and spoke to employee # XXXX and she informed me that in order to receive my private property back, I had to " pay '' {$10000.00} or they would sell my private property at a public " auction ''. This sounds like extortion and a violation of the Fair Debt Collection Practices Act under 15 U.S.C. 1692d ( 4 ). Because they involved unauthorized third parties, XXXX and XXXX XXXX, to steal my private property, that would meet the elements of conspiracy. TD Auto Finance failed to validate the alleged " debt '' pursuant to 15 U.S.C 1692g after being asked to send valid documentary evidence of an alleged previously " contracted '' debt. Employee # XXXX proceeded to tell me that I was " late '' in making payments but I believe they are improperly recording their books of account because according to my consumer credit report, this account was " charged off '' so I'm not sure how they are reporting " late payments '' when the alleged debt has been sold. Sounds like they may be guilty of tax and/or insurance fraud. I have never received any tax forms related to this account, nor did I receive the recission forms they were required to send under federal law. Pursuant to 15 U.S.C 1666b- timing of payments, " A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. '' Further, because the private property was seized under the directive of TD Auto Finance, it appears they have violated 18 U.S.C. 894 as well, by collecting an extortionate extension of credit. I have sent TD Auto Finance a Notice of Claim and Intent to Sue and Opportunity to Cure. I have also sent them a Records Request for the following documentary evidence pursuant to 15 U.S.C. 44 : 1. Please provide the verified books of account for account # XXXX. 
2. Please provide the original application containing the security instrument that was used to open this account.

3. Please provide the original retail installment agreement containing my wet ink signature alleged by employee # XXXX. 
4. Please provide documentary evidence that I received the proper rescission forms that were required to be given to me pursuant to 15 U.S.C 1635.

5. Please provide validation of the alleged debt including the original instrument on the underlying obligation to be made payable if I was in fact loaned anything of value.

6. Please provide the warrant obtained for seizure of my private property.

7. Please provide the name and contact information of the man or woman with firsthand knowledge of the facts regarding this account who will testify under the penalty of perjury as to the validity of all produced documents.

8. Please provide me all tax documents related to this charged off account.

TD Auto Finance failed to provide a warrant for the seizure of my private property and is liable for depriving me of my civil rights ( 42 U.S.C 1983 ) of due process of law and to be free from unlawful search and seizure without warrant under the Bill of Rights Articles the Fourth and Fifth.

I am harmed and damaged by their negligence, incompetence, and criminality of law for invasion of privacy, theft, identity theft, extortion, conspiracy, violations of the Truth in Lending Act, Fair Credit Reporting Act, and Fair Debt Collection Practices Act.

Company response to consumer: Closed with explanation