Consumer complaint received 2022-12-14
Company: TD BANK US HOLDING COMPANY
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
On XX/XX/XXXX I sent Billing Error Notice to TD Finance Company. The noticed informed the following. As of to date TD Auto Finance has failed to respond to fraud committed in this agreement. 


Notice of Billing Error To : TD Auto Finance Re : Fraudulent contract via XXXX Loan/Account # XXXX The referenced account is an agreement, not a contract. Based on the consumer protection laws and your lack of complete disclosure I rescind the entire transaction due to fraud. 

I am not liable for the debt. I want my money back. I want to cancel the agreement. 

We entered into an agreement not contract with TD Auto Finance. The agreement is in violation of Truth in Lending Act Regulation Z which included a finance charge. Finance charge is on money given and not credit transactions. TD Auto Finance committed predatory lending in a consumer transaction under Regulation Z. 

The Rescission notice is made Pursuant to 15 U.S code 1635 ( a ), as I was never told I had 3 days to rescind the agreement. Neither was I given the notice that comes along with all consumer credit transactions. Furthermore, TD Auto Finance failed to clearly & conspicuously disclose all of my rights as a consumer including but not limited to my rights of rescission. 

XXXX of XXXX XXXX on behalf of TD Auto Finance accepted a CASH down payment violating 15 U.S. code 1605 which clearly states the finance charge does not include charges of a type payable in a comparable cash transaction. XXXX XXXX XXXX has intentionally withheld pertinent information to complete the sale with the purchase of our XXXX XXXX XXXX XXXX. There are many fees within this finance charge that are in violation of 15 USC 1605. 

I, XXXX XXXX participated in a consumer credit transaction and not a loan pursuant to 15 U.S. code 1602 ( i ) Take further notice that pursuant to 15 U.S. code 1605 the finance charge is in connection with any consumer credit transaction shall be determined as the sum of all charges which was never disclosed to me by your organization in direct violation of this law. 

I did not enter KNOWINGLY, VOLUNTARILY, AND INTENTIALLY. I do not accept the liability of any compelled benefit or lack thereof, or any unrevealed contact or commercial agreement. I have a right to sue you under the Common Law for violating my rights under the UCC. I did not sign any contract where I received COMPLETE DISCLOSURE AND EQUAL CONSIDERATION. If I did, it was UNKNOWINGLY, INVOLUNTARIY AND UNINTENTIONAL. Cease and desist all collection activities and have all consumer reporting agencies delete this account from their reports. If you do not remove this information, your company will be committing fraud, not preserving my rights, and will be fined {$5000.00} : CONSUMER PROTECTION LAWS Equal Credit Opportunity Act / Truth in Lending Act Regulation Z Fair Credit Reporting Act / 15 USC 1611 - False & Inaccurate information Fair Debt Collections Practice Act / 15 USC 1692 - Debt collection practices CFPB 1026.23 Right of Rescission ( cancellation )

Company response to consumer: Closed with non-monetary relief