Consumer complaint received 2022-09-13
Company: Upstart Holdings, Inc.
State: NY
Product: Payday loan, title loan, or personal loan
Sub-product: Installment loan
Issue: Problem when making payments

Complaint:
I XXXX XXXX XXXX, a am a federally protected consumer, debtor, and holder in due course pursuant UCC 3-306 living at my principal dwelling at XXXX XXXX  XXXX XXXX, XXXX, New York XXXX XXXX, here put you UPSTART a creditor, operating under Truth in Lending Act, TILA, a for-profit company whose headquarters is located in the area of XXXX XXXX XXXX XXXX, # XXXX XXXX XXXX XXXX, CA XXXX. United States of America on a notice about a billing error under 12 CFR 1026.13 ( a ), beginning with the date the account was opened. 

I received the agreement and I believe its fraudulent because your company used false and deceptive advertising practice to use my signature application in consumer credit transaction means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes, and turned it into a loan for your selfish purposes and its a violation to my right which I deserve remedy under Truth in lending Act. 


The moment I accepted the credit offer, I became the holder in due course. 

Here are some facts Fact, an account pursuant 12 CFR 1002.2 ( a ) means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. 
Fact, since opening the credit transaction account, I have paid a monthly bill to UPSTART, online, using my bank. 

Fact, I the consumer believe this the loan was for personal and household purposes only. 

Fact, UPSTART failed to provide me with my right of rescission According to 226.15 Right of rescission Fact, I, the consumer, am aware that UPSTART, failed to provide me with the General Disclosures which are requirements pursuant 12 CFR 1026.17 and is a violation of said section. 

Fact, I, the consumer, am asserting my right to acquire documentary evidence in accordance with 15 U.S.C. 44 for the books of account as defined in IRS Publication 583, to explain and address such subject matter contained in said billing statements. I'd like to access both the journal and credits of the account, as well as the ledger and debits of the account, in order to verify the current accounting and taxes related to this account. 

Fact, I, the consumer, am aware, with resolving this billing error, the creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S.Code 1666 ( e ). 

Fact, UPSTART shall follow the following procedures as defined pursuant 12 CFR 1026.13 ( e ) : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer. 

I hereby demand that all future coupons be sent to my place of abode, as listed on the account in question, in the form of a check, from XXXX of XXXX, current, and future payments. Fact, I, the consumer, hereby invoke my right as a consumer to withhold all past, present, and future disputed amounts pursuant 12 CFR 1026.13d ( 1 ). 

Fact, I, the Consumer am aware, that, UPSTART as the creditor may not collect any disputed amount. As a federally protected consumer, who does not need to pay, the creditor can not restrict, accelerate payment, or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by UPSTART will forfeit its rights to collect the disputed amount as described in 15 U.S.Code 1666 ( e ) and hold the creditor liable under 15 U.S.Code 1693m for UPSTART for the actual damage caused to I, the consumer, as well as held to criminal liability pursuant to 15 U.S.Code 1693n for failing to present required documentary evidence as requested to clarify and resolve the previously addressed billing error. 

Fact, I, the consumer am aware, UPSTART, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. 

A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. 

Fact, I, the consumer am aware, that, in accordance with 16 C.F.R. 433.3 UPSTART is not exempt from any claims or defenses as described in 16 C.F.R. 433.2 ( a ) as the consumer, may invoke her rights as the debtor in this consumer credit contract against UPSTART for the unfair and deceptive practices herein as no contract after the date of XX/XX/XXXX is exempt from 16 C.F.R. 433.3. 

Fact, I, the consumer, have reason to believe and do so believe, UPSTART which is a private for profit corporation, regardless of your/their location, has participated in racketeering activity as defined in Title 18 U.S.Code 1961, by knowingly, intentionally, with forethought and malice have been sending dividends but, in fact, making me believe that dividend was a billing statement, which is embezzlement, theft by deception and extortion. 

Fact, I the consumer, have reason to believe and do so believe, UPSTART is in violation of is a violation of 18 U.S. Code 1341by knowingly participating in the fraud through the US Mail. 

Fact, without an affidavit response with a rebuttal, point for point, then I am conditionally accepting your non-reasonable response, as frivolous, and I will file fault judgment in the favor of the interest of I the consumer, holder in due course, attorney, and XXXX in fact. 

Fact, I, the consumer am aware, an unrebutted affidavit stands as truth in commerce. 

Fact, I, the consumer, am invoking my rights pursuant to 15 U.S.Code 1692c ( c ), I demand you to cease any communications and collection activity of this alleged debt until you can provide me with the requested information in this affidavit herein. 
You have 15 days from the date of delivery to respond to this notice. 

Should there be dishonor in the aforementioned requested documentation by way of unrebutted affidavit, failure to disclose requested documents or failure of response, and the particular requests to rectify any fault by UPSTART herein, will serve as acquiescence and your agreement to a default judgment against your company for the dishonor in the negotiable instrument, bank fraud, creation of the false and deceptive form, mishandling of goods, compromising my relationship with other financial institutions and including stress caused to me in the attempt of exercising my rights in good faith. 

However, I do in good faith expect you to handle these matters with ordinary care to address all subject matter. Respectfully. 

Notice, I, the consumer, in writing with adequate information on all forms of remittance accepted and the remittance provider address and the name exactly as it appears on the I.R.S statements so we can resolve this issue post haste. 


I declare under penalty of perjury WITHOUT the United States ( 28 U.S.C 1746 ) that the Above is the Truth, The Whole Truth and Nothing but the Truth to the best of my knowledge and Over standing.

Company response to consumer: Closed with explanation