Consumer complaint received 2021-11-03
Company: TD BANK US HOLDING COMPANY
State: NY
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
On or about XX/XX/XXXX, I was served with papers for a lawsuit in the Civil Court of the XXXX XXXX XXXX XXXX from XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, N.Y. XXXX. They stated they represented TD Auto Finance and the amount being sought was {$5700.00}. There was no warning of a pending lawsuit or any attempt to collect any money from either TD Auto Finance or XXXX XXXX XXXX XXXX. This attempt at collecting {$5700.00} makes no sense since I had already paid off any debt that I owed TD Auto Finance. I voluntarily surrendered a car to TD Auto Finance in XX/XX/XXXX. I paid off any debt owed from the car in XX/XX/XXXX. My credit report indicates this. ( I am enclosing a copy of the credit report which pertains to TD Auto Finance ) Both XXXX and XXXX state I have a XXXX balance and my past due amount is XXXX. XXXX notes in it comments, " Account legally paid in full for less than the full balance. '' I had an agreement with TD Auto Finance to make three payments in XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX which I made to fully pay off the car which my credit report indicates. What makes no sense on my credit report is that XXXX states I owe {$6900.00} which is not the amount that XXXX & XXXX state I owe. In addition, the XXXX report states I have been paying off the car in XXXX and XXXX even though I turned in the car in XXXX and have not made any payments on the car in XXXX and XXXX. 
I answered the complaint on XX/XX/XXXX, in the Civil Court of New York. I said I did not owe the debt and that I paid off the debt already. In addition, I mentioned that I was a victim of identity theft and stated that the identity theft may have something to do with the lawsuit. I spoke with XXXX XXXX of XXXX XXXX XXXX on XX/XX/XXXX. He confirmed to me that the car was voluntarily surrendered on XX/XX/XXXX. He also stated the car was sold in XX/XX/XXXX. I never received any notification of this. He also confirmed to me that I had made three payments to TD Auto Finance, 1 ) {$440.00} in XX/XX/XXXX XXXX ) {$1300.00} in XX/XX/XXXX and 3 ) {$1300.00} in XX/XX/XXXX. I told him that is when I paid off the debt so why are you suing me. He responded that he would have to check with TD Auto Finance to see exactly how much I owe. I told him that the credit reports state I have legally paid off the debt and he responded that he doesn't look at credit reports only papers that TD Auto Finance gives him. He also stated that he does not report anything to the credit bureaus. 
I the3n received a letter from XXXX XXXX XXXX stating to me to give them a statement of Identity Theft and to review my credit reports. This after Mr. XXXX had already told me that he does not look at credit reports. I did respond to their letter giving an explanation. 
Today on XX/XX/XXXX, after speaking to XXXX XXXX who gives me credit counseling, I called XXXX at their direction. I spoke with XXXX ( work # XXXX ) and asked him who was reporting that I owed a balance to TD Auto Finance and have been paying for the car in XXXX and XXXX. He responded that TD Auto Finance reported this and reported this to XXXX on XX/XX/XXXX. I explained the situation to him, and he advised me to file a complaint with CFPB which I am. 
I have been treated very unfairly by both TD Auto Finance and XXXX & XXXX. I feel I am being harassed. I am being sued for a debt I already paid off. I was given no warning of getting sued. I was just served with papers. The law firm admits I made payments months after I surrendered the car. They also admitted that they don't know how much I owe due to these payments. My credit report confirms that I paid off the debt legally and have a XXXX balance. It also appears that TD Auto finance is reporting incorrect data to XXXX credit bureaus was confirmed by the representative from XXXX. I am enclosing the necessary documents from my credit report for your review as it pertains to TD Auto Finance.

Company response to consumer: Closed with explanation