Consumer complaint received 2022-07-07
Company: Roadrunner Account Services, LLC
State: FL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
Notice to agent is notice to principle - Notice to principle is Notice to Agent RE : XXXX XXXX XXXX VIN : XXXX NOTICE OF BILLING ERROR, POWER OF ATTORNEY AND ARBITRATION TERMINATED, ACCOUNT PAID IN FULL ATTENTION : ROADRUNNER FINANCIAL, CEO, XXXX, XXXX On XX/XX/XXXX, I went to XXXX XXXX XXXX for a consumer credit transaction to purchase a XXXX XXXX XXXX  and was told to put a down payment of {$17000.00}. Cash is not supposed to be involved with a consumer credit transaction ; a down payment of {$17000.00}. Federal Truth in Lending Disclosures section, a total of $ XXXXfor the finance charge. This is a Violation of 15 U.S.C. 1605, and other violations are listed below. I do not have a contract with ROADRUNNER.

XXXX XXXX XXXX
and ROADRUNNER FINANCIAL Failure to disclose, unjust enrichment, and fraud on the consumer. An intentional act of fraud. The note was created on my credit and signature, the note was not an asset of XXXX XXXX XXXX and ROADRUNNER FINANCIAL breach of contract, fiduciary duties, and failure to comply with conditions precedent in both the note and Disclosure. 

Emergency Banking Act 1933 debt is the obligation of the United States XXXX XXXX XXXX and ROADRUNNER FINANCIAL are in violation of the Truth in Lending Act ( TILA ) requires full disclosures by law and ( GAAP ) Fraud. A national bank has no power to lend its credit to any person or corporation... Bowen v. Needles Nat. Bank, 94 F

925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637.

A Federal Reserve Bank credits the appropriate amount of interest on Book-entry Securities to a Funds Account maintained at the Bank or pays it as directed by the Participant. 
Book-entry Securities are redeemed according to their terms, a Federal Reserve Bank withdraws the securities from the Participant 's Securities Account in which they are maintained, and either : ( i ) Credits the amount of the Redemption proceeds, including both principal and interest, where applicable, to a Funds Account at the Bank, or ( ii ) Pays such principal and interest as directed by the Participant. 

U.S. Code 1431 - Powers and duties of banks. Banks can not lend money ; they are the borrowers. 15 U.S. Code 1602 ( G ) I am the creditor and natural person extending the credit, Consumer credit transaction. 15 U.S. Code 1 - Trusts, etc., in restraint of trade illegal ; penalty.16 CFR Part 433 - PRESERVATION OF CONSUMERS ' CLAIMS AND DEFENSES. 

XXXX XXXX XXXX and ROADRUNNER FINANCIAL Failure of consideration, Misrepresentation of a material fact, unjust enrichment, no money lends, and no consideration were given for the claimed amount of {$54000.00} or note. 

15 U.S. Code 1692a Definitions ( 3 ) The term consumer means any natural person obligated or allegedly obligated to pay any debt. 15 USC 1692 E 15 U.S. Code 1692h - Multiple debts 15 U.S. Code 1635 - Right of rescission as to certain transactions 15 U.S. Code 1662B. Advertising of down payments and installments. Cash is not supposed to be involved with a consumer credit transaction down payment. 
15 U.S. Code 1602 - Definitions and rules of construction. 

XXXX XXXX XXXX and ROADRUNNER FINANCIAL have caused XXXX XXXX suffering, XXXX, and emotional distress, and damages continuing at the present time. XXXX XXXX has been XXXX. This damages my reputation intentionally, recklessly, and with malice, spite, and ill will. I would appreciate it if XXXX XXXX XXXX, ROADRUNNER FINANCIAL, and CEO to make a lump sum payment of {$35000.00} double the finance charge, send SATISFACTION AND RELEASE OF LIEN, or I will take court actions with legal fees. 

I am claiming all credit due on the accounts, including off-balance sheet ledgering. 

You should also be advised that I will seek the recovery of damages, costs, and reasonable legal fees for each failure to comply with the requests herein. I also reserve the right to seek statutory damages for each violation. Plus all costs of this action, all damages allowable ( including statutory, actual, compensatory, nominal, punitive, and such other relief that this court deems to be appropriate to prevent further violations. 

Opportunity to cure dishonor. This will be XXXX XXXX XXXX and ROADRUNNER FINANCIAL only chance to settle this matter before XXXX XXXX files a suit against this company in Circuit court for {$54000.00} XXXX XXXX is agreeable to a lump sum payment of {$35000.00} to settle this matter. Please contact me on or before due XX/XX/XXXX for purposes of settling this matter. If I do not hear from your company on or before the due date, XXXX will file a lawsuit against XXXX XXXX XXXX and ROADRUNNER FINANCIAL without further notice. It is in your company 's best interest to settle this matter before a lawsuit is filed to avoid legal, court fees plus violation costs ( attorneys fees for XXXX XXXX, XXXX XXXX XXXX XXXX XXXX and ROADRUNNER FINANCIAL ). If a judgment is obtained against the debtor, it will negatively affect their ability to get credit, that's he will be ordered to pay court fees and the term will occur at a rate of 10 % per annum. Based on the foregoing, I accept payment in the amount of {$17000.00} made payable to XXXX XXXX, at my address XXXX XXXX XXXX XXXXXXXX FL XXXX, and send SATISFACTION AND RELEASE OF LIEN no longer than the due date XX/XX/XXXX, I can also be reached at the email above If XXXX XXXX XXXX and ROADRUNNER FINANCIAL decide to ignore this demand for payment, XXXX XXXX will further pursue all of its legal remedies without further notice to the debtor. This letter serves as evidence that XXXX XXXX creditor has attempted to resolve this matter formally. 

Violation of 15 U.S.C. 1605 finance charge, No notice of rescission, and Gramm Leach Violation of Truth in Lending Act and Bililey Act ( GLBA ) ( no Privacy Notice ).

15 U.S. Code 1681n - Civil liability for willful noncompliance. 15 U.S.C. 1681o - U.S. Code - Unannotated Title 15. Commerce and Trade 1681o. Civil liability for negligent noncompliance. 15 U.S. Code 1640 - Civil liability with respect to any failure to make disclosures. 15 U.S.C. 1611 - Criminal liability for the willful and knowing violation. 

NOTICE. ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT. AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 
All prior Powers of Attorney, all other prior presumed or granted Executorships, and Agency relationships are terminated. Furthermore, Arbitration is terminated. 

I look forward to your reply and a resolution to my problem and will wait until 21 days before seeking court actions, help from a consumer protection agency, attorney general, and the XXXX XXXX XXXX. Please contact me at the above address or email XXXX I consider that you will do the honorable thing in this matter. 

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES!

Company response to consumer: Closed with explanation