Consumer complaint received 2021-11-21
Company: OneMain Finance Corporation
State: GA
Product: Payday loan, title loan, or personal loan
Sub-product: Installment loan
Issue: Problem when making payments

Complaint:
I applied for and obtained what I thought was credit from XXXX XXXX. I later found out that they can not lend me money. I also found out them asking me to pay back the fake loan is illegal along with all the finance charges they have been charging me since the inception of the loan a little over 300 per month. They are currently trying to collect on a debt I do not owe. I was also charged in a tender of payment that is no longer legal. This entire process was fraudulent. In addition, they have no business purpose filing in the ga sos. Please see attached documents. 

More Context : I applied for a loan on XX/XX/2021 I later found out this was not a loan and corporations can not lend me money. I have paid monthly payments since XX/XX/2021 until present. 

One Main does not have disclosure notices on its website for the state of Georgia. I was not aware of any of my rights in regards to be extending credit, being able to cancel my loan, or making payments. 

More Context : In context, I applied for a consumer credit product for a personal loan of 6500 with the understanding that I was responsible for the debt based on a loan given from your company One Main Financial. The amount of that loan which included the sale prices and finance charges was {$50000.00}. This, according to your company, did not include insurance and included all necessary finance charges. Debts, loans, non- all-inclusive finance charges, are all illegal pursuant to 15 U.S.C 1605. 

Having had this car in my possession for 8 months, I also was not aware that I was not responsible for paying monthly car payments as a debtor in the amount of 340.00 monthly for 6 months and recently missing XXXX payments. I purposefully missed the $ which I will explain shortly why it was omitted. The total amount of payments so far is 2040. Ttendering payments in any other form other than gold is illegal. Also, accepting ACH is illegal. Charging me monthly fees with the expectation of payment is illegal and taking adverse action against me through verbal or written threats, and any other intimidation methods is illegal. 

My debt was already paid for when the United States Congress extinguished it, gold and silver is the only tenders of payments. 31 U.S. Code 3123. Payment of obligations and interest on the public debt ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government. Furthermore, the symbol or character, " $ '', is not defined anywhere in legislation and is, therefore, a violation of 15 USC 1692e ( 2 ) ( A ). 

I read all of their privacy policies and it says they gather information from third-party sources to make determinations about me, my credit determination, and my account along with sharing my information personally identifiable and anything else you deem fit to them. I found out not only is that illegal but it's violating my rights Pursuant to 18 U.S. Code 1028A - Aggravated identity theft. 

Collusion is present when you created your family of companies, as all addressees are subsidiaries or sister-related companies per SEC and XXXX filings, while separate in name and operation, your officers serve on the boards and have signing powers within each company. 

The use of consumer disclosures not direct to the person being considered is illegal. You did not ask someone who knew me personally about my spending habits and as a result, you charged me higher interest rates and that is illegal. 

All of the above are examples of fraud, false misrepresentation, conversion, RICO, breach of contract, and collusion is pursuant to 18 U.S. Code 1341 - Frauds and swindles is the appropriate statute. 

Your combined organizations within RICO alone fit under these auspices : The RICO civil provisions contain five basic elements : injury, person, enterprise, pattern of racketeering activity, and interstate or foreign commerce and at least the ones mention in the previous paragraph fit under their 2 of 35 law. 

Notice, it is a Fact, that, The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. 

Notice, it is a Fact, that, Deceptive forms [ 15 USC 1692j ] ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
Notice, it is a Fact, that, False and misleading representations [ 15 USC 1692e ] ( Exhibit M ) ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.

( 13 ) The false representation or implication that documents are legal process.

( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 
( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

Notice, it is a Fact, that, Fictitious Obligations [ 18 USC 514 ] : ( 3 ) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or other electronic communication, to transmit, transport, ship, move, transfer, or attempts or causes the same, to, from, or through the United States. 

Any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organization, shall be guilty of a class B felony. 

Notice, it is a Fact, that, this transaction is definitely a violation of Unfair or deceptive acts or practices in or affecting commerce for not disclosing to me my right to rescind with proper notices, finance charges detailed in full and that you did not loan me money nor credit. [ 15 USC 45 ] Definition : Fraud in the inducement occurs when a person tricks another person into signing an agreement to one 's disadvantage by using fraudulent statements and representations. Because fraud negates the meeting of the minds required of a contract, the injured party can seek damages or terminate the contract.

Notice, it is a Fact, that, pursuant 18 U.S. Code 1028A - Aggravated identity theft : Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. 

In contracts, in order for a contract to have accord and satisfaction there must be offer and acceptance, along with a meeting of the minds. I am the only one who signed this agreement, and you also made a lot of money off of this instrument. This agreement was paid in full with my signature and you never explained that to me. I have every intent to sue and request your GAAP on this account via a forensic audit. I did not agree to cosign and allow you to monetize nor securitize my note. That is illegal pursuant to 16 CFR 444.3 - Unfair or deceptive cosigner practices.

15 USC 1602 ( f ) : Notice, it is a fact, affiant is aware, the term credit means the right granted by I, the original creditor, to a debtor One Main Financial et al to defer payment of the debt or to One Main Financial to incur debt or a loan from the US Treasury and defer its payment.

This makes One Main Financial a borrower or solicitor who induced me to the treasury window to receive funds unbeknownst to I, at the time of the transaction. 

I, a consumer, came to extend credit as shown ) and not receive a loan from the One Main Financial and lack of willful full disclosure was the fraud of execution in conjunction with fraud of inducement brought forth by One Main Financial. 

I am attaching the cover sheet for the Civil Lawsuit that is prepared to be submitted.

Company response to consumer: Closed with non-monetary relief