Consumer complaint received 2023-08-17
Company: TOYOTA MOTOR CREDIT CORPORATION
State: NJ
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
I want to amend my first complaint against Toyota. This is the new affidavit which is notarized and certified mailed to all the companies involved with these matters, including XXXX XXXX XXXX, XXXX XXXX, and the XXXX XXXX Police. 
AFFIDAVIT I, XXXX XXXX XXXX who is XXXX XXXX years of age declare that I am a XXXX XXXX XXXX of any jurisdiction of any County, State, or Nation. I assume no financial or physical liability for any business trust any corporation/person/business has ever set up for me. This would deem any debt to belong to whoever transferred this information into a business trust unknowingly and without consent from XXXX XXXX XXXX and took it upon themselves to address this sentient woman under a false name and try to hold XXXX XXXX XXXX liable for their actions. XXXX XXXX XXXX is not the surety for XXXX XXXX, only the beneficiary for. 
This affidavit will stand as testimony of the facts and sworn to be true statements pertaining to a XXXX, XXXX XXXX, automobile seizure with the last 6 digits of the VIN being XXXX, on XX/XX/XXXX from the residence cited above. The companies/corporations involved with the seizure of said vehicle shall be listed and legal claims will be made upon the following businesses : 1. Toyota Corporation/TFS under any/all affiliated names of Toyota involved with these matters to be addressed within as TFS, with the given address as : XXXX XXXX XXXX XXXX TX, XXXX XXXX 2. Loss Prevention Services to be addressed within as LPS, or any business identity affiliated with LPS, with the given address as ; XXXX XXXX XXXX XXXX XXXX XXXX. XXXX. XXXX, listed as XXXX XXXX XXXXXXXX out of XXXX XXXX Let it be known that the XXXX company will not identify themselves or provide any further information about their contact information ; I have however XXXX XXXX which was listed on the door of the tow truck and the address listed is : XXXX XXXX XXXX. XXXX XXXX, NJ XXXX. Proper service processing shall be deemed attempted but impossible to verify until such disclosures are made available. This affidavit shall stand as legal notice in lieu of the ability to directly process serve this business with the intent to file suit of, but not limited to : trespass, theft of a vehicle, identity theft, and the legal claims left on the windshield before the theft, upon XXXX, or the towing company who came on my personal property. XXXX. XXXX XXXX Police Department, address ; XXXX XXXX XXXX, XXXX XXXX, NJ XXXX. 

I, XXXX XXXX XXXX swear that everything within this document to be true and factual to the best of my knowledge. 
Statement of Facts is as follows : 1. On or before XXXX of XXXX, I made contact via notarized, certified, return receipt mail with Toyota Financial Services and CEO of Financial Services XXXX XXXX. In this communication I asked for, but not limited to : the original of the contract, and all financial disclosures, with break downs of the financing within said original contract to validate any financial claims being made. This said notarized document/affidavit that I presented to TFS included an allotted amount of time for them to provide me with this information or it shall be deemed acquiesce. To date they failed to produce any information other than a copy of a contract in which does not appear correct. I requested/required the original that was submitted from TFS to their financier or underwriter. At this point acquiesce was acquired as per law, and TFS should be held to the same standards as anybody else, when ignoring legal financial verification. Acquiesce is proof of guilt and should be treated as such. 

2. I claim ; and have reason to believe that TFS had created a fraudulent contract and under deceit willfully contracted with me. Under 15 US Code 1605 Determination of Finance Charge it clearly states all finance charges must be on a separate piece of paperand sum of all charges must be included with the financing, section 5. States premium or other charge for any guarantee in insurance protecting the creditor against obliges default or other credit loss. This has been my point of contention since the inception of inquiries regarding said contract, yet I never received the finance charges broken down properly on a separate piece of paper as well as sum of all charges were never included in the financing. All communications sent to TFSXXXX XXXX and associates were always notarized, and certified mailed with a time allotted for production or acquiesce shall deem TFS guilty of fraud. They never responded or made any legal claims to date, deeming them guilty by acquiesce and the law.

3. I am claiming under 15 USC 1692g ; Validation of Debt it claims within that a portion of the finance charge consisting of the amount equal to a discount of 5 % or less of the stated price in full within a stated period of time in connection with a sale of a particular goods or services for which credit is not otherwise available from the merchant shall not be in the finance charge for the purposes of determining the maximum rate of finance charge with respect to purchases not paid in full. I need proof this did not happen. 

4. I am making the claim that I was never presented with the original contract, or the contract that was made available to whoever serviced the loan/underwriter and will need these disclosures. If credit insurance was placed on this loan and charged to me which it appears happened, this would be fraud, and needs to be proven it did not happen.

5. I claim that under XXXX XXXX XXXX XXXX  : ( 1 ) Ignorance of the law excuses not, and ( 2 ) Ignorance of law excuses no one. Acquiesce has been formed as can be proven by the numerous notarized correspondence attempts made by myself to TFSXXXX XXXX to rectify these concerns, at which point a conditional acceptance may have been agreed upon, but only due to a lack of production on TFSs end have we come to this point. All acquiesce requirements have been met to prove TFS guilty of any/all claims.

6. Since acquiesce has been formed, I should be granted ; as per the law, any/all legal claims to the automobile which should include : 1. the free return of said vehicle to the property it was taken from, or if sold a new replacement 4-Runner, 2. the entirety of the contract voided, and a refund issued for any/all payments that were made, 3. The title relinquished for said vehicle to XXXX XXXX ( if the vehicle in question is returned to me, ) if a new replacement is provided it should be free and clear of any/all fees, or expenses incurred. 4. Refund for all expenses incurred due to TFSs, LPS, XXXX, and the XXXX XXXX Police Departments actions on XX/XX/XXXX which would include my fee schedule and car rental costs. I am making the claim that TFS has completed a charge-off, as well as repossession without a court order. 


7. I claim that my sixth amendment rights have been violated by all parties included. I have attempted to obtain any/all information pertaining to a court date in these matters and have been ignored in my attempts. The sixth Amendment clearly states a parties ( defendant ) sixth Amendment Right to attend his own trial was so absolute that, regardless of how unruly his conduct, he could never be held to have lost that right so long as ( he ) insisted on it. Illinois vs. Allen Court : U.S Date published : XX/XX/XXXX, 397 U.S. 337 ( 1970 ), 90S. Ct. 1057. I have the unalienable right to face my accuser. TFS has deemed me guilty, yet not allowed me the right to face the charges, and had my private property seized off of my private dwelling without proof of a proper warrant. TFS, LPS, XXXX, along with XXXX XXXX Police Department assisted in these illegal actions. I will need to verify the wet-ink signature, proper warrant that was issued, and any court dates pertaining to these matters, as I have reason to believe these do not exist. If, if fact these do not exist or were not generated before XX/XX/XXXX, entry onto my private dwelling shall be viewed as trespass and a violation of many of my Rights, and treated as such as reflected in my fee schedule that was provided to all included in this case. 

XXXX. I am claiming that TFS never obtained permission from me to disclose any/all personal information under 15 USC 6802- Obligations with Respect to Disclose Personal Information, that states opt-out, a financial institution may not disclose non-public personal information to a non affiliated third party. All three of these companies committed identity theft. Because TFS, LPS and XXXX XXXX all colluded with the XXXX Police Department in the theft of a vehicle without a proper court order, as well as provide my personal information which includes my name, address, codes, or banking info ; identity theft Under 15 USC 1692 ( B ) ( 2 ) was committed, it clearly states : Any debt collector communicating with any person other than the consumer for the purpose of acquiring location info about the consumer shall not state that such consumer owes any debt. As well as 15 USC 1692 ( C ) ( A ) that states : a debt collector may not communicate with a consumer in connection with the collection of any debt. I claim TFS, and LPS are debt collectors. Once they took actions that resemble debt collectors behaviors such as contracting out to third parties to collect on a debt, usage of legalese and claims of not being a debt collector should be legally argued.

9. I have reason to believe and make the claim that ; within the Unfair Practices statues and regulations under 15 USC 1692F where it states taking or threatening to take any non-judicial action to affect dispossession or disablement of propertythere was no present right to possession of the property claim as collateral through an enforceable security interest. I am making the claim that since I was not able to present myself before the court to defend my actions pertaining to these matters, there was never a proper judicial order in place for these events to occur, deeming them all illegal and grand theft auto. I am also making the claim that just because these actions are common place within our society that does not make them legal. There are procedures and protocols that must be adhered to within the law, in this case many laws were broken and many of my personal Rights have been violated by all named businesses in this case. 

10. I am making the claim that TFS has information pertaining to the Gap insurance that is reflected within the copy of the contract TFS provided to me, and it appears to have been purchased and paid for by me. TFS has failed to provide me with the insurers name or contact information so I can make a claim of theft on this vehicle. Since the contract was null and void due to acquiesce on TFSs part this claim should be a viable claim, as theft seems to have occurred. 


11. I am making the claim that TFS has repossessed said vehicle so they should have provided me with a 1099, and a 982 form and to date have not done so. Since TFS took the actions to repossess this vehicle it very well may provide TFS a better financial standing in these matters. Therefore I need the full disclosures of all financial matters between TFS, the Underwriter, and any insurance claims or tax write offs that have taken place, and a 1099C should have been or be applicable to this case.

12. I am making the claim that I need the underwriters full contact information, as well as any/all attorneys full contact information including their bonds/insurance information, bar numbers as well as their foreign registration act of 1938 filings ; that
I am demanding be filed as of receipt of this notice.

13. I am making the claim that the Rights notice which has not, to date been provided to me via certified mail, but was electronically sent appears to be factually inaccurate. It appears TFS is claiming I owe {$10000.00} in Unpaid Gross Balance under your contract ( includes any accrued and unpaid finance charges ) as well as {$910.00} in repossession cost for a total of {$11000.00} before storage and towing fees. I would need verification in the form of a financial break down of how TFS came to these figures. Once TFS is able to provide me with all their financials pertaining to this vehicle including any insurance claims, tax write offs or any other deductions/claims TFS has made on this vehicle is when we can start to come to a factually correct Redemption cost. If this Redemption claim is factually inaccurate it should be further proof of fraud on the part of TFS. Redemption requirements include but are not limited to : any time before the disposition of the collateral, a debtor may have the right to redeem the collateral by tendering full payment of the obligation owed and all reasonable expenses incurred by the creditor ( Sec. 12A:9-506 ). I claim that since I was never informed or notified of these actions that were in place to collect my vehicle, I was never able to redeem. Notice of Intent under ( Sec. 12A:9-503 ( 3 ) states Reasonable notice of the time and place of the sale is generally required to be given to other secured creditors and the debtor. Which clearly states TFS must give me reasonable notice of the place of the sale, since I am the debtor. As per ( CO-56 ) Liquidation Documents ; Writ of Execution must be stamped True Copy and signed by the Clerk of the Court, copy of posted notice of sale and original title. I will need proof of all of these orders being followed, as I have reason to believe they have not occurred.

14. I am making the claim that under Rights of Rescission as stated in 15 USC 1635 when you enter into a contract certain disclosures need to be provided I believe, and therefore need proof that TFS did not provide a fraudulent contract, which would allow me certain rights to withhold payments until the contract was amended and the all financing and disclosures were made available to me. The Right to withdraw my performance from what was thought to be a faulty contract while waiting for verification of the claims of the contract was well within my rights. I am claiming if this contract is not deemed null and void due to any of the above listed concerns as well as acquiesce on TFS part, then I am asserting and claiming my right to rescission.

15. I am claiming that I hold proprietary interests in said matters, and I have endured damages and hardships due to TFS, LPS, XXXX and the XXXX XXXX NJ Police Departments actions. My time is not free, as we all value our time and our 5 basic human rights to : freedom to life and liberty, freedom from slavery and torture, freedom of opinion and expression and the right to work and education. I have provided TFS with my Fee Schedule in XXXX, and will require TFS, LPS, XXXX, and the XXXX XXXX Police Department individually to be subjected to all fees within ; as I will provide a notarized copy of said fee schedule to each listed in these matters again. A minimum of XXXX XXXX XXXX dollars a day will also be added until I am fully restored back to my original state of affairs ( meaning return of said vehicle to the property, with title and free of charge ) from their harms as an expected pay for my time and efforts and injuries from all listed in these matters. 

16. I am making the claim that the XXXX XXXX XXXX that was removed from my personal dwelling was done without the proper court order, an appearance from me to defend myself, all by means of identity theft and improper disclosures of my personal information to outside companies, as well as TFS acquiesce in all matters since inception of my discovery of financial disclosures would be well within my rights to demand that said vehicle or a new vehicle if that one was/is sold be brought back to my dwelling and returned immediately, or fees will incur daily from each of these entities individually who violated my rights to peace and freedom, as well as my right to face my accuser. 

17. I am making the claim that LPS, XXXX and XXXX XXXX NJ Police Department did not have all the proper court orders, documentation, or knowledge as to the communications or acquiesce from TFS therefore deeming any actions they took as per TFSs demands illegal and in violation of my rights. I would need to have provided to me all the communications TFS had with LPS, XXXX, and the XXXX Police Department, including all communications LPS may have had with XXXX or XXXX had with the police department to date pertaining to these matters to validate any claims or legal rights any of these businesses may have had to take such actions.

18. I am making the claim that XXXX XXXX Police Department did not have all the proper court orders, documentation, or knowledge as to the communications or acquiesce from XXXX therefore deeming any actions they took as per any of the listed companies demands illegal and in violation of my rights. I would need to have provided to me all the communications TFS and LPS as well as XXXX have had to date with XXXX XXXX Police Department pertaining to these matters to validate any claims or legal rights the XXXX XXXX Police Department had to assist in any of these claims. I will be placing a FOIA request for any/all communications between these companies and the Police Department , as well as the body cam footage, and verbal exchanges made during the theft of my vehicle. 

19. I am making the claim that under UCC 1-308 I reserve all my rights and always have.

20. All listed will have twenty days ( 20 ) to respond to this affidavit, or acquiesce will be deemed.

EQUITY REGARDS SUBSTANCE RATHER THAN FORM.

In closing, and under penalty of perjury, I am hereby swearing to all matters listed above and declare all within to be fact and truthful, my hand to God I hold to be true. 


This is also a chronological breakdown of all my attempts to rectify this situation and TFS never responded to any of my notarized, certified mailed affidavits to bring this case to a resolution. 
Chronological Timing of Facts and Correspondence to be included in Affidavit 1. XXXX Received letter from XXXX XXXX pursuant to request a copy of your contract. This letter was not signed by a person, just Toyota Financial Services. Arbitration Provision was never signed by me. I never contracted for any arbitration provisions. 4D. Gap insurance = {$450.00} ( which I paid for, therefore I am entitled to ), G. Government taxes = {$7.00}, XXXX XXXX XXXX = {$240.00}, Total Other Charges & Amounts Paid to Others on your Behalf = {$810.00} ( need to know what this is, but would not answer my financial break-down questions but stated they did not have to answer them because they are not debt collectors. This contract does not show insurance included within the financing, by law where it states sum of all charges insurance needs to be included. 
XXXX. XX/XX/XXXX I sent the coupon TFS provided me back with paid in full amount written on it for {$10000.00} TFS denied the payment which deems it PIF. 
a. XXXX to XXXX XXXX, Notice of Claim with 15 days to respond or acquiesce. Certify mail # : XXXX XXXX XXXX XXXX XXXX. Never responded. TFS is guilty as per acquiesce since XX/XX/XXXX. 
XXXX. XX/XX/XXXX Received letter from XXXX XXXX, XXXX XXXX XXXX that stated in receipt of my XX/XX/XXXX correspondence where he confirmed no acts of fraud have been committed by TFS, but TFS is not legally required to provide documents to validate this debt because they are not debt collectors ( This is the most absurd claim ever. XXXX XXXX who works for Toyota is telling me, he promises there is no fraud, but I dont have to prove this to you, just pay and shut up. I have the right to question any claims or financial disclosures placed upon me, and I did but they would not provide me with proof. This letter is proof of my attempts and their lack of attention or disclosures. ) see exhibit A XXXX. XXXX I sent Affidavit of Facts, and Affidavit of Status, and my Fee Schedule certify mail # : XXXX XXXX XXXX XXXX XXXX and this document gave TFS 3 days to respond or acquiesce. TFS never responded, by law they deemed themselves guilty as per acquiesce. 
XXXX. XX/XX/XXXX I sent TFS Notice to provide personal information, Motions & Actions Notice, Letter to TFSXXXX XXXX that included 1. Notice to Agent & Conspiracy against Rights notice all notarized, with 15 days to respond or acquiesce. Never responded so deemed guilty as per the law. 
XXXX. XX/XX/XXXX XXXX sent me a letter signed Toyota Credit Corporation stating my request to limit phone communication. This letter did not make the claim that they could not send me mail, or communicated via email. TFS just could not call my phone anymore. Communication was still available to Toyota and they never notified me of any actions. 
XXXX. XX/XX/XXXX I made a mail fraud complaint and mailed a copy of it to TFS. 
8. XX/XX/XXXX I sent back their coupon for {$10000.00} for full payment of the loan and told them to take it from the business trust made under the name of XXXX XXXX and never agreed upon by XXXX XXXX to be the surety for, only the beneficiary of said trust. The business Trust made under the name XXXX XXXX, was never agreed or contracted on. 
9. XX/XX/XXXX I sent a letter to XXXX XXXX, stating my right to Regulation Z, Rescission of Offer since TFS failed to provide me with the original contract and the breakdown of the financials as well as the percentages, as per law must be presented on a separate piece of paper and provided. This letter provided XXXX XXXX and his staff 3 days to provide the original contract or acquiesced would deem TFS guilty of a fraudulent contract. TFS never responded. 
10. XX/XX/XXXX I received via USPS a bill from Toyota for {$1500.00} XXXX. XX/XX/XXXX XXXX XXXX Department sent me a letter claiming my letter to them claiming to be the beneficiary, Notice to agent, notice of intent, my fee schedule did not satisfy my financial obligations and they would need to hear from me in ten ( 10 ) days. ( TFS has not responded to anything I have had notarized and return receipt mailed, my requests for a breakdown of charges, or validation that this loan was not fraudulent, yet threaten me that I had to contact them within ten days or else, I never made any claim that these letters were sent in lieu of payment. All I ever asked for was a validation letter which they would not produce, and still wont produce. ) 12. XX/XX/XXXX I sent TFS a Notice of Intent to File Suit, giving them 20 days to respond, reiterated that a fee schedule was already sent, but I sent another copy of it within this communication, I asked for the original contract again, I wanted any charge-off information and told them if they could not provide me with this simple information they needed to surrender the title to me and clean off any credit claims they had made. TFS never responded 13. XXXX Received letter on XX/XX/XXXX so I responded with Affidavit of Facts, a copy of the letter they sent to me from the fraud department, a Notice of Claim that was sent XX/XX/XXXX, Affidavit of status, and a copy of my mail fraud claim. TFS never responded. 
XXXX. XXXX I sent a certified letter mailing # : XXXX XXXX XXXX XXXX XXXX to respond to the letter I received on XX/XX/XXXX. Another Affidavit of fact that was notarized and legal with 10 days to respond. TFS never responded. 
XXXX. XXXX Fraud Department sent a letter stating a. fraud form of payment b. not recognized any courts in USA , c. valid legal obligations, d. schemes and they had to hear from me within 10 days or they would inflict collection and attorney fees on me, this letter was not signed by another person. ( For the record, once again TFS is demanding I produce something while all this time they have never responded to any of my notarized, and certified mailed affidavits with allotted amount of days to respond or acquiesce would deem them guilty of fraud. ) 16. XXXX Received a bill for {$2000.00}, in which they still have not provided me with any debt validation as requested. 
17. XXXX Received letter from Toyota Credit Corporation stating that they were going to do a charge-off and redeem any optional vehicle protections to reduce the price I owed them. This letter was not signed by another person and produced no validations of debts. 
18. XXXX I certified mailed # : XXXX XXXX XXXX XXXX XXXX a response to a letter asking again for debt validation. This letter stated that as per the law once they make a debt claim against me they must produce a debt validation letter within 5 days after the claim, in which I never received. TFS never responded. 
As of XX/XX/XXXX TFS contracted with LPS, and XXXX XXXX company, while the XXXX XXXX Police force assisted in the removal of my vehicle off of my personal property without a warrant. I have sent many written requested to TFS and LPS concerning these actions and have not heard back from any of them. 
I believe it is clear to see that I took every possible means of coming to a resolution in these matters, TFS has not taken any action on legally notarized affidavits, nor have produced any debt validation to date, while only claiming that because they are not debt collectors they do not have a legal responsibility to provide me with these financial disclosures. Since TFSs will not provide me with these requested documents and has acquiesced numerous times, I have no reason to believe this contract was ever legal and has always been fraudulent and TFS is attempting to hide these facts. 
TFS must be held accountable and I am making the claims that after many attempts to rectify this situation it has always been TFS that has not been truthful or accommodating. 
As per acquiesce TFS is guilty as per the law, and if time limits can be placed on me or I am considered guilty, so must TFS be held to the same standards.

Company response to consumer: Closed with explanation