Consumer complaint received 2022-01-18
Company: LOBEL FINANCIAL CORPORATION
State: NV
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
COMMERCIAL AFFIDAVIT OF TRUTH IN FACT NOTICE OF BILLING ERROR 12 CFR 1026.13 Attention XXXX XXXX XXXX as Chief Financial XXXX of XXXX XXXX XXXX. 
XXXX XXXX XXXX XXXX. 
XXXX, CA XXXX I am XXXX XXXX XXXX the natural living woman and executor creditor, lender, administrator, holder in due course, and custodial trustee of the Oceans XXXX XXXX XXXX XXXX XXXX XXXX I Herein declare and affirm that I am standing in my general master power of attorney in fact capacity. Stating on the record for the record that I am of legal age, competency, and sound intellect in law. For aforementioned affiant, XXXX XXXX XXXX and every derivative or variation. I hereby revoke, resend, cancel, abrogate, void, ab initio all signatures belonging to me. Any alleged consent is null and void as it is given under duress by mistake and/or by fraud ( VI XXXX ). 
MATTER : Affiant : as a consumer, knowingly and willingly entered into a credit transaction and trust relationship with seller XXXX at XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NV XXXX for a XXXX XXXX XXXX XXXX : XXXX. Affiant acted in honor and good faith entering into a security agreement inter se. 
SUBJECT : I have noticed several billing errors in the Truth and Lending disclosure section of the retail installment contract and security agreement. The first one being section C itemization of amount financed number ( 12 ) where it states affiant was financed {$17000.00} which is inaccurate. 16 CFR 433.1 ( d ) which describes a purchase money loan in regards to the Truth and Lending disclosures is defined as : a cash advance which is received in return for a finance charge within the meaning of the Truth and Lending Act and regulation Z which is applied in whole or substantial part to purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with with the creditor by common control, contract, or business arrangement. Under regulation Z also known as Truth or Lending the itemization of payments should mirror the finance charge amount as it is the dollar amount the credit will cost me.

Notice of billing error ( 12 ) CFR 1026.13 ( a ) ( 4 ) a reflection on a periodic statement of the creditors failure to credit properly a payment or other credit issued to the consumers account. 1026.13 Comment ( d ) ( 1 ) -4 Automatic payment plans-coverage. The coverage of this provision is limited to the card issuers automatic payment plans, whether or not the consumers asset account is held by the card issuer or by another financial institution. It does not apply to automatic or bill-payment plans offered by financial institutions other than the credit card issuer.

1026.13 ( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error. 

The next billing error can be seen is de facto. The TOTAL OF PAYMENTS ( XXXX ) as well as TOTAL SALES PRICE ( XXXX ) see XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( E.d.Wis. XX/XX/XXXX ) FDCPA violation. There is no authorized representative other than the appointed attorney in fact by the consumer to receive any credits on behalf of the consumer .Inaccurate finance charge and APR outside of tolerances can result in restitution to consumers affected by such error.Pursuant 15 U.S.C. 1607 ( e ) ( restitution ) 12 CFR 1026.23 ( a ) ( 3 ) ( i ) and ( ii ) the finance charge and APR are two material disclosures that trigger the right of rescission for up to 3 years after consummation if they are inaccurate. I am demanding immediate cease and desist on this account. I am demanding additional clarification including documentary evidence of the procedures used to come up with these itemized amounts in accordance with General Accepted Accounting Principles ( GAAP ). These billing errors may be assumed to be willfully intent on misleading and/or deceiving the consumer of the character amount of any debt 15U.S.C.1692e ( 1 ). ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debit shall cause the consumer to ( A ) lose any claim or defense to payment of the debt ( B ) become subject to any practice prohibited by this subchapter. ( 7 ) The false representation or implication that the consumer is committed any crime or other conduct in order to disgrace the consumer.

ATTACHMENT AND SECURITY AGREEMENTS Affiant is aware that she is the only secured party with an attachment in this agreement. Affiant, is the holder in due course and is the only one that has any security interest vested in the beforementioned XXXX XXXX XXXX. Futhermore THE SECURITIES EXCHANGE ACT OF 1934 10b-5 common law fraud rule which provides : it shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national security exchange, 1 ) to employ any device, scheme, or artifice to defraud, 2 ) to make any untrue statement of a material fact necessary in order to make the statements made, in the light of circumstances under which they they were made, not misleading or, 3 ) to engage in ant act, practice, or course of business which operates or would operate as a fraud or deceit of any person, in connection with the purchase or sale of any security. 10b-5 applies to the misconduct of purchasers as well as sellers and thereby allows both defrauded sellers and buyers to recover .This rule imposes an affirmative duty of disclosure. Recently, the United States Supreme court decided thay in an action for damages under rule 10b-5, it must be shown that the violation was committed with scienter, which is international misconduct.

: Former obligation is discharged. Affiant is aware people can be tricked and conned into unwittingly reaccepting the obligation if they discuss anything with the creditor once the promissory note has been tendered. The debt is discharged upon tender of the instrument ; It matters not if its accepted or rejected ( UCC 3-603 ). Typically, the former creditor will construct an agreement with the former debtor to convince him/her that the debt must be paid in Federal Reserve Notes ( FRNs ). Per public policy at House Joint Resolution 192 of June 5, 1933, nobody has any obligation for paying in FRNs. The promissory note is an negotiable instrument ( money ) constructed in strict accordance with the UCC ( 3-104 ), and legally discharges the debt once tendered the debt is discharged. Period. 
Closed-end Credit : The consumer compliance outlook contends that a closed-end credit plan does not require the use of a third party to obtain a loan and creditor does not retain the charge ( i.e. Table 1, finance charge chart ) .Certain security interest charges : any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a requirement for recording the instruments securing the evidence of indebtedness.The commentary states that the entire fee may be treated as a finance charge if a creditor is uncertain about what portion of a fee paid at consummation or loan closing is related to the initial decision to grant credit.

STATEMENT : Please provide me with my property of this 1099 OID forma sd well as the corresponding to FinCEN form 101, Suspicious activity Report The tax in question is the original issue discount. The filing of the 1099 OID is not mandatory on my part ( voluntarily ), but on request by me becomes mandatory upon you and if not complied with constitutes a willful failure to file for income tax.

The filing of the 1099 OID is to enable the tax charge to return to the source for settlement and the closing of escrow in exchange, Treasury Direct, XXXX.

After filing, please return to my possession all the corresponding property that belongs to me.

Affiant is demanding affidavit rebutting point for point, also returning in registered mail to the affiant. The claims made by XXXX XXXX XXXX executor creditor and authorize representative for XXXX XXXX XXXX and all derivatives and variations. 



28 U.S.C. 1746 Unsworn Declarations under the penalty of perjury wherever, under any law of the United States or under any rule, regulation, order or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same ( other than a deposition, or oath of office, or an oath required to be taken before a specified official other than a notary republic ), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed to be by him, as true under the penalty of perjury. 

Sworn, Monday, XX/XX/XXXX By order of : XXXX XXXX XXXX, by XXXX XXXX XXXX, Auth. Rep. ( A.R.R. ) without recourse

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation