Consumer complaint received 2022-12-12
Company: Exeter Finance Corp.
State: FL
Product: Vehicle loan or lease
Sub-product: Lease
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
Exeter Finance failed to comply with the three different laws when I rescinded my violated contract on XXXX XXXX. Pursuant to 15 U.S. Code 1605 - Determination of finance charge- a ) Finance charge defined- Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. ( 2 ) Service or carrying charge. ( 3 ) Loan fee, finders fee, or similar charge. ( 4 ) Fee for an investigation or credit report. ( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. Which means the Predelivery Service fee of {$890.00}, Gap Contract of {$900.00} and Service contract of {$1800.00} which equals {$3600.00}, should be included into the Finance Charged stated in 15 U.S. Code 1605- The amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended. As you can see in the contract with Exeter Finance under Itemization of Amount Finance, ( 7 ) Amount Financed is the sum ( [ 3 ] ( {$16000.00} ) + [ 4 ] ( {$890.00} ) + [ 5 ] ( {$2700.00} ), excluding the Government Fees, should fall under Finance Charge instead of Amount Finance, which according to Exeter AI system added up to be {$20000.00}, which is incorrect, the real amount finance should be {$16000.00} instead of {$20000.00}. Exeter is in clear violation to 15 U.S. 1692e ( 2 ) ( A ) - False or misleading representations ; The false representation of the character, AMOUNT, or legal status of any debt ; Exeter also violated 15 U.S. 1692e ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. Pursuant to 15 U.S. Code 1640 ( A ) - Civil liability ; Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of- 2 ( A ) ( i ) ; in the case of an individual action twice the amount of any finance charge in connection with the transaction. Which would be {$40000.00} after adding everything up and twice the amount of the Finance Charge. Pursuant to 15 U.S. Code 1692b ( 5 ) - Acquisition of location information ; Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall not use any language or symbol on any envelope or IN THE CONTENTS of any communication affected by the mails that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of debt. Which Exeter violated according to Exhibit D by putting their logo ( symbol ) on the outside & inside contents of said letter. Pursuant to 15 U.S. Code 1692c - Communication in connection with debt collection ; Ceasing communication ; If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. In clear statutory language, upon completion of the receipt of the rescission letter dated XX/XX/2022, Exeter shouldve ceased communication but instead Exeter had their agents harass with endless phone calls over and over and over again. 
Fact, affiant is aware and has proof in the attachment labeled as Exhibit A that Exeter Finance is in violation of 15 USC 15 U.S.C. 1640 ( 2AI ), in violation of 1635 ( b ), in violation of TIL Reg. Z -226.15 ( d ) ( 2 ) ,226.23 ( d ) ( 2 ) Fact, affiant is aware and has proof in the attachment labeled as Exhibit B that Exeter Finance is in violation of 15 U.S. Code 1605 ( 1,2,3,4,5 ), in violation of 15 USC 1611 ( 1 ) ( 3 ), in violation of 15 USC 1692E ( 2A ), 15 USC 1692k ( 2A ) Fact, affiant is aware and has proof in the attachment labeled as Exhibit C that Exeter Finance is in violation of 15 U.S. Code 1692E ( 4,7,10 ), in violation of TIL Reg. Z -226.15 ( d ) ( 2 ) ,226.23 ( d ) ( 2 ), in violation 15 U.S. Code 1692j, in violation of 15 USC 1692K ( 2A ), Fact, affiant is aware and has proof in the attachment labeled as Exhibit D that Exeter Finance is in violation of 15 USC 1692B ( 2 ), in violation of 15 USC 1692K

Company response to consumer: Closed with explanation