Consumer complaint received 2022-10-29
Company: TOYOTA MOTOR CREDIT CORPORATION
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/2022, I XXXX : XXXX XXXX sent a debt validation letter to TOYOTA FINANCIAL SERVICES and received a response stating that they were not a debt collector. I filed a CFPB complaint on XX/XX/2022, and received FROM TOYOTA FINANCIAL SERVICES, the original contract between XXXX XXXX and XXXX XXXX XXXX, an account history document created by TOYOTA FINANCIAL SERVICES, a notice to sell the property and a copy of the letter confirming that they would stop all communication with me. TOYOTA FINANCIAL SERVICES ' claim to not be a debt collector as defined under the Fair Debt Collection Practices Act is misleading because debt collector is defined as any person who collects a debt. The account history TOYOTA FINANCIAL SERVICES provided shows proof that they were collecting this alleged debt from me. In addition, I received a statement from TOYOTA FINANCIAL SERVICES on XX/XX/2022 in the mail requesting for payment and stated this is an attempt by TFS to collect a debt which the law states a debt collector must do. The original contract TOYOTA FINANCIAL SERVICES provided from their records evidences a consumer credit contract which is stated on page five ( 5 ). The original contract does not verify that there is an agreement between you and I to collect this alleged debt only evidencing an agreement between XXXX XXXX and XXXX XXXX XXXX. Page one ( 1 ) shows that the full name and address of the creditor is XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA not TOYOTA FINANCE. California commercial code states that in order to enforce a contract for sale of goods there must be proof of an actual contract between both parties in sufficient writing. If there is no proof of contract then TOYOTA FINANCIAL SERVICES must be in contact with the wrong consumer. I have already went ahead and requested an audit from the IRS on this account because as a consumer I believe that I was not clearly and conspicuously disclosed all of the legal terms in this contract which made me genuinely believe that I owed this alleged debt to TOYOTA FINANCIAL SERVICES. TOYOTA FINANCIAL SERVICES has caused me so much XXXX XXXX to the point where I am not able to sleep at night, it is hard to get out of bed because my body aches ( which has caused me to seek XXXX XXXX  ) from the constant stress of TOYOTA FINANCIAL SERVICES harassing me through mail and phone in an attempt to collect this alleged debt from me. 

If TOYOTA FINANCIAL SERVICES believe I still owe this debt and wish to continue enforce payment on me please validate this claim by providing proof that I owe you with verification of the following as the law applies : 1 ) The original contract of me promising to pay TOYOTA FINANCIAL SERVICES in the amount of XXXX payments of {$920.00} with a finance charge of {$5600.00}. 
2 ) Verification of location information 3 ) Verification of my address 4 ) Account ledger authenticated by a certified accountant If the debt is not validated, in 7 days from receipt of this letter then my claim is true in accordance with applicable law. You must stop all collections, refrain from any adverse action against me which includes any negative reporting to the Credit reporting agencies, refund me all payments that were collected and pay all violation fees.

Company response to consumer: Closed with explanation