Consumer complaint received 2023-12-06
Company: Exeter Finance Corp.
State: IN
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Notice to repossess

Complaint:
Repossession Credit Dispute Letter EXETER FINANCE LLC : # XXXX, Dispute of Repossession Record Dear Exeter Finance LLC, I am writing to formally dispute the repossession record on my credit report pertaining to the vehicle XXXX XXXX XXXX XXXX ( XXXX : XXXX ), which was financed through your institution under account number [ XXXX ]. 
I believe that the repossession was conducted in violation of consumer protection laws, including the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), Metro 2 Laws, and the Uniform Commercial Code ( UCC ) laws for car repossession reporting. I kindly request your investigation into the matter and, if warranted, the removal of the repossession record from my credit report. 
As a consumer protected by the FCRA, I have the right to challenge any inaccurate or incomplete information on my credit report. Furthermore, both the FDCPA and the UCC laws outline specific guidelines for the lawful repossession and subsequent reporting of secured vehicles. I assert that the repossession of my vehicle did not align with these provisions due to the following reasons : Violation of Notice and Right to Cure Default : According to Section 9-609 of the UCC, it is mandated that creditors provide written notice of default and an opportunity to cure it before proceeding with repossession. 
Regrettably, in my case, I did not receive any such notice or an opportunity to rectify the default prior to the repossession. 
Breach of Peace during Repossession : The repossession agent engaged in actions that violated the " breach of peace '' provision as outlined in Section 9-609 of the UCC. They performed unauthorized entry into a secured premise. 
In light of these concerns, I earnestly request a thorough investigation of the repossession process, focusing on compliance with the required notices and adherence to consumer protection laws. If your investigation uncovers any violations of these laws, I kindly request the removal of the repossession record from my credit report in accordance with Section 623 ( a ) ( 1 ) ( A ) of the FCRA, which stipulates the provision of accurate information to credit reporting agencies. 
To facilitate your investigation, I have enclosed copies of relevant documents supporting my dispute such as proof of payment. I urge you to review these materials and provide a written response within the statutory 30-day period, as mandated by the FCRA. Should you require additional information or documentation, please do not hesitate to contact me at XXXX or XXXX Thank you for your prompt attention to this matter. I anticipate your timely response and a satisfactory resolution of this dispute. 
Sincerely, XXXX XXXX Consumer Law Letter To Whom It May Concern, I recently received a copy of my ( XXXX, XXXX, or XXXX ) credit report, and I noticed some late payments and inaccurate accounts posted on my credit report : I HAVE NEVER BEEN LATER ON THIS ACCOUNT ( EXETER FINANCE LLC : # XXXX ) II was never been late on this account. Please show me documentation showing proof of a transaction showing I was ever late to support your inaccurate reporting on my acct. If you can not supply this, please DELETE these alleged late payment from my credit report per 15 USC 1681b.

Your company is in clear violation of the law. Under 15 USC 1681b - permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( a ) IN GENERAL, Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

Did I give you written instructions to furnish this on my credit report?

Furthermore, the FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report clearly states : ( 2 ) EXCLUSIONS. Except as provided in paragraph ( 3 ), the term consumer report does not includeSubject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. Delete the above late payments from my consumer report, this agency is in violation of 15 USC 1681.

Failure to respond satisfactory with deletion of the above referenced account and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 USC 1692g violations. 
4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] Best regards, XXXX XXXX

Company response to consumer: Closed with explanation