Consumer complaint received 2022-10-05
Company: FC HoldCo LLC
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
XXXX XXXX XXXX and FLAGSHIP CREDIT ACCEPTANCE are in violation of 15 USC 1681b. These companies have never had permissible purpose or written consent to report anything on my credit report. I was never informed or had disclosure to OPT out of having my personal and private information abroad allowing each of these businesses to utilized my consumer credit. However they choose to do so without communicating with me. I had no knowledge of my private and personal information being sent all over third party thresholds one after the other which has been detrimental to me for many months. XXXX XXXX XXXX has charged off the alleged debt and has tried to have a tow company try to steal my property while occupied on XX/XX/2022 under repossession. The debt was canceled since XX/XX/2022 and they then tried to come after me for the debt that they have charged off and have submitted paperwork to the IRS for the write off. I have learned that any debt canceled by a creditor for {$600.00} or more, the creditor must send out to the debtor a 1099C ; which has not happened. 

On XX/XX/2022, FLAGSHIP CONSUMER sent a tow company, XXXX XXXX, to steal my property while occupied at my residence under repossession. XXXX XXXX does not have a contract with me. Therefore, it is theft by taken by XXXX XXXX who was hired by XXXX XXXX XXXX. Under the law, the liability of a financial institution 15 USC 1693H is a violation as they both are institutions. Both companies gave my private and personal information to a third party who I do not have a contract with which goes against law 15 USC 6802 Obligations with respect to disclosures of personal information. A financial institution may not disclose nonpublic personal information to a non-affilliated third party. 

I also informed the driver of the tow truck, that he has breached the law on repossession being that the police was called. I informed the driver that I did not have a contract with XXXX XXXX and the repossession was not peaceful. The tow truck driver continuously jacked the car higher and higher in the air to disable me from the vehicle. I explained to both the tow truck drivers and the police officers that this is a non-judicial order ; which means there was no order from the judge to take possession of my property. 

Both contracts are not enforceable due to fraud ; which fraud has no limitations 15 USC 1692g. Per the law, 15 USC 1692F ( 6 ) taking or threating to take any nonjudicial action to effect dispossesion or disablement of property. Both XXXX XXXX AND FLAGSHIP CREDIT ACCEPTANCE were sent other instruments of payments which neither company did not return. Both companies were sent affidavits of rescission and affidavits of truth which neither company responded within the 30 days and was given a final 14 days to CURE after FRAUD had been identified in both contracts ; neither company responded with a line by line affidavit of rebuttal. A non-rebuttal affidavit stands as consent. A statement is not a affidavit of truth. 15 USC 1662 a down payment is illegal, 15 USC 1681 eb a charge off is illegal, 15 USC15 1635 RIGHT TO RESCIND ANY CONTRACT per the IRS income does not get reported on a consumers report 15 USC 1681B NO ONE HAS PERMISSIBLE PURPOSE Per the FDCRA the No parking Rule 1006.3 ( a ) 18 USC 10289a ) Aggravated Identity Theft 15 USC 1681s Responsibilities of Furnishers of Information 15 USC 1681q obtaining information under false pretense, XXXX XXXX and FLAGSHIP CREDIT ACCEPTANCE gave a third party my personal and private information and then the third party of XXXX XXXX approached my occupied vehicle and tried to steal my property away 34 CFR 685.215 FALSE verification student ELIGIBILITY I am informing your office that I am the only signer on each of my vehicles. I do not have a contract with XXXX XXXX or FLAGSHIP CREDIT ACCEPTANCE. I have already pointed out the FRAUD to each of these Financial Institutions concerning the fraud which a contract is not enforceable, binding or complete without two signatures. I never sat down and did a contract with XXXX XXXX OR FLAGSHIP CREDIT ACCEPTANCE but they continue to willfully ignore me and the laws. Each Contract was rescind as well as ignored. A Conditional Acceptance has been ignored and also there is a {$50000.00} lien that has been placed on each of these vehicles, I am the only lien holder for each vehicle. I have a certified copy of my UCC11 indicating their is no liens on any of my property.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation