Consumer complaint received 2023-04-19
Company: TD BANK US HOLDING COMPANY
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
On XX/XX/XXXX of XXXX  I made an uninformed decision when I entered into this consumer credit transaction with XXXX XXXX XXXX. The seller transferred my rights to TD AUTO FINANCE without disclosure of pertinent facts and understanding of intent, my right to rescind, delivery of information and rescission forms and the informed use of credit, along with other material disclosures that caused damage and injury, theft of property, billing errors, loss of earing 's, invasion of privacy and damage to the reputation of the consumer. As stated in ( 15 U.S. Code 1601 ( a ) the informed use of credit results from an awareness of cost thereof by consumers, it is the purpose of the subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. TD AUTO FINANCE use my information to deceive and deprive me of money proceeds and property. ( 15 U.S. Code 1602 definitions and rules of construction ) ( k ) adequate notice of ( n ) cardholder ( I ) credit card and ( p ) unauthorized use of credit card : means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. Credit card : means is used to obtain money, property or services, are the subject of the transaction and primarily for personal family, or household purpose. ( n ) cardholder : means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person. ( k ) Adequate notice : means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. My credit card is used to obtain money, property or services, the value of my principal dwelling which secures any out standing balance. The seller-creditor XXXX XXXX XXXX assigned and transferred my rights to TD AUTO FINANCE without given me disclosure of pertinent facts of understanding and intent. TD AUTO FIANANCE gave my Purchase money loan to XXXX XXXX XXXX, which it is my right to receive as the consumer, That is a violation of a consumer credit transaction. TD AUTO FINANCE please provide me with your account ledgers and both Consumer Credit Contract, Master Credit Agreement to clarify these fact. ( 12 CFR 360. 6 ( 2 ) Treatment of a financial asset transferred in connection with a securitization or participation. ( 2 ) Financial asset : means cash or a contract or instrument that contractual right to receive cash or another financial instrument from another entity ) ( 45 U.S. Code 821 ) means an agreement to make 1 or more direct loans or loan guarantees at future dates for a program of related projects on terms acceptable to the Secretary. The Master Credit Agreement, Consumer Credit Contract are financial asset that provide proceeds in which me the consumer have been deprived and deceived of such money and proceeds. TD AUTO FINANCE never credited my account for the value they have received in the financial asset, ( stated in FTCA ) the purchase money loan is a cash advance which is received by a consumer in return for a " finance charge '' with the meaning of the Truth in Lending Act and Regulation Z, to shop the various credit terms that could've been presented and offered to me and avoided the uninformed use of credit, inaccurate and unfair credit billing invasion of privacy, theft of property and loss of earnings do to creditors misconduct and negligence. The FDCPA talks about abusive practices ( 15 U.S. Code 1692 ) ( a ) Congressional findings and declaration of purpose ). ( a ) Congress said there is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy, furnishing certain deceptive forms to give false belief to a consumer to pay a debt that doesn't exist when the creditor is the one owing a debt to the consumer.

15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter. ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. ( Every violation that's made clear is blatant and willfully when you know by law the purpose of a consumer credit transaction and what it produces for the consumer. It's not a mere assumption as code provide rule of law. TD AUTO FINANCE are well informed of the premiums that are written in connection with this consumer credit transaction. Such as credit life, accident and heath insurance against loss of or damage to property or against liability arising out of the ownership or use of property, all shall be included in the finance charge, though my property was taken/stolen without my permission when clearly it has been paid for already. ( 15 U.S. Code 1605 ( a ) ( 5 ) ( b ) ''finance charge '' defined ) Which is the sum of all charges also not disclosure to me, which is payable by the person to whom credit is extended from my credit card. The creditor also failed to provide me with the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required. which is one of many violation and my reason for rescinding this agreement. The FTCA address this matter also, the Commission determined that it constitutes an unfair and deceptive practice for a seller in the course of financing a consumer purchase of goods or services, to employ procedures which make the consumer 's duty to pay independent of the sellers duty to fulfill his obligations. 
( 15 U.S. Code 1692i - Legal actions by debt collectors ) ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. 
I reside with in my flesh, that is my abode. please return my all property, money and proceeds or i will take the next step necessary and provide the accounting ledger. THANK YOU

Company response to consumer: Closed with explanation