Consumer complaint received 2023-11-12
Company: Applied Data Finance, LLC
State: NC
Product: Payday loan, title loan, personal loan, or advance loan
Sub-product: Installment loan
Issue: Problem with additional add-on products or services

Complaint:
Notice of Billing Error Effective Immediately, Breach of Fiduciary Duty, Notice of Cease and Desist Name : XXXX XXXX Account # : XXXX Statement Date : XX/XX/2023 Amount : {$660.00} Notice of fact there is a billing error pursuant to Regulation Z the determination of financial charge and APR Pursuant to 15 USC 1607 ( e ) and 12 CFR 1026.23 ( a ) ( 3 ).

Per 15 USC 1666 ( b ), Personify Financial also failed to reflect properly on the statement. If I owe a balance it should reflect as negative but it is clearly showing as positive on the statement and on the dashboard of the account. This is a billing error. There is also an identification error pursuant to 19 CFR 149.3 because I didn't need to provide a name and address, but only a number to identify who is liable and the social security number is liable. I provided Personify Financial the social security number which make them liable for the number. Pursuant to Regulation Z subpart b 1026.13 a6 I request a reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence. I request documentary evidence on account ending in XXXX. 
According to 15 USC 44, documentary evidence includes documents, correspondence, book account entry, accounting ledger, which involves all derives, and assignees in connection to XXXX XXXX. I want this information so that I can see who funded the account and to clarify how much is owed according to the journal and ledger entries from the date of open of this account as described in IRS Publication XXXX. On the public and private side showing account receivable and payable. Billing error notice was sent to your email address on XX/XX/2023 and certified mail, however you have now reported a late payment on the consumer credit report which is another violation. 
It is a Fact, that 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 USC 1666 ( e ) for failure to comply with any of the requirements. 
Please provide me a response in writing within 30 days of the original date of my notice sent which is dated for XXXX 're also furnishing this to the consumer reporting agencies without my written consent, nor have you provided me in writing the option to opt out. All are violations! Personify Financial has also stated the 1099C that I received is a fraudulent document even though I have submitted documentation showing it was received by the IRS. Please provide me documentation to support your claim of the 1099c being a fraudulent document. If not received I will submit a request for audit of Personify Financial to the IRS. I 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.

Company response to consumer: Closed with explanation