Consumer complaint received 2021-09-22
Company: TD BANK US HOLDING COMPANY
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
16 C.F.R. 433.1 ( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. ( d ) Purchase money loan. A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement. ( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section.

16 C.F.R. 433.2 In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ) 16 C.F.R. 433.3 ( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit.

I placed my indorsement on a consumer credit contract with Target. The consumer credit contract is a negotiable instrument Pursuant to the above definition. A purchase money loan, which is a cash advance was never given to me the consumer when I Indorsed the Consumer Credit Contract. If banks can only lend their own money and are not allowed to lend credit what did you lend me? This is ultra vires and this is unfair, deceptive acts or practices.

pursuant to 15 U.S.C. 1605 the finance charge is the sum of all charges. So if the finance charge is the sum of all charges and it was paid for with the purchase money loan What Did Target / TD BANK USA N.A. lend me? Credit or Money?

Pursuant to 12 U.S.C. 24 seventh, You can't hold Securities for yourself only customers. I demand Documentary Evidence on the public and private side pursuant to 15 U.S.C. 44. Pursuant to 15 U.S.C. 1635 I would like to Recession this transaction and have all monies returned Target and TD BANK USA N.A. has use false, misleading, and deceptive tactics and those all violate 15 U.S.C. 1692e Pursuant 16 CFR 433.2 you were supposed to include this disclaimer and you didn't NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. And as the Debtor I am asserting my rights.

Company response to consumer: Closed with non-monetary relief