Consumer complaint received 2016-10-21
Company: Exeter Finance Corp.
State: WA
Product: Consumer Loan
Sub-product: Vehicle loan
Issue: Problems when you are unable to pay

Complaint:
Exeter Finance Corp XXXX XXXX XXXX XXXX, TX XXXX XXXX : Account No. XXXX NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA SECTIONS 616 & 617 Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to amicably resolve your continued willful violation of the Fair Credit Reporting Act 1 ) Violation of the Fair Credit Reporting Act 2 ) Violation of the Fair Debt Collection Practices Act 3 ) Defamation of credit 4 ) Negligence 5 ) Loss of opportunity 6 ) Intentional Infliction of Emotional Distress Exeter Finance Corp, Case 1 Your firm has failed to send the legally required validation of this debt per Section 623. I have received the documents you sent dated XX/XX/2016 and your response was : " During our investigation, we determined that the information we reported to the credit reporting agency was accurate, and is reflecting accurately on your credit report based on our records '' When we go to litigation and through the discovery process you will be required to produce these documents along with an affidavit swearing under oath that these are the true and correct documents that you used to verify the disputed account. 

You have been notified that your actions are detrimental to me and that your firm has violated ( including but not limited to ) the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. 

Your firm knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me. 

Failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed. 

Communicated and are continuing to communicate incorrect and defamatory information to third parties including but not limited to : XXXX, XXXX, and XXXX. 

As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your firm 's intentional infliction of emotional distress and at the other diminishes of the quality of my life. 



I am now demanding the immediate and complete removal of this trade line from my credit reports ( XXXX, XXXX, and XXXX ). 




The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. 


Case XXXX In the state of Washington, there are proper procedures and notices that must be done before during and after a repossession. 

Let me remain you of : XXXX v. Exeter Finance Corp. 
I sent you certified mail, a letter dated XX/XX/2016 in regards to Washington State Repossessions Laws : Summary of the letter sent " Acct # XXXX Make- XXXX XXXX XXXX To Whom It May Concern ; I am writing in regard to the above referenced accounts and transactions. 
This is not a refusal to pay, but a notice that this account is disputed. This vehicle was repossessed by Exeter Finance Corps in the State of Washington on or around XX/XX/2016. 
Under the laws of the State of Washington UCC 9.506 and State RISA and MVISA statutes a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and cure time limits were adhered to. 
Please provide copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject vehicle. If no such proof is provided within 14 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting.

Company response to consumer: Closed with explanation