Consumer complaint received 2021-11-17
Company: DriveTime
State: MD
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
Notice, it is a Fact, that, I, agent for principal XXXX XXXX XXXX and affiant, I am a federally protected consumer in fact, holder in due course, attorney, for any and all derivatives thereof for the surname/given name XXXX, XXXX XXXX XXXX and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I will d/b/a XXXX XXXX XXXX and autograph for my given name, as the agent and administrator in fact. 
Notice, it is a fact, DriveTime means, DriveTime XXXX XXXX XXXX XXXX XXXX DriveTime, XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX and their successors XXXX and assigns to address the subject matter in the affidavit herein as shown in Exhibit ( 1 ). 
Notice, it is fact, unless DriveTime can provide a policy or state law which shows that the aforementioned policy or state law supersedes federal law, I hereby invoke the law of presumption and invoke federal law in to address the subject matter in the affidavit herein. 
Notice, it is a fact, I, the affiant, am a consumer and a natural person in accordance with 15 U.S.Code1692a ( 3 ). See Exhibit ( XXXX ) Notice, it is a fact, affiant is aware, in accordance with the term consumer in subsection 1602 ( i ), pursuant to 15 U.S.Code1602 ( i ) a consumer in reference to a credit transaction is the party whom the credit is extended from is a natural person and the subject of a consumer credit transaction is primarily for personal, family, or household purposes. See Exhibit ( 3 ) Notice, it is a fact, affiant is aware, a person as defined by the Truth in Lending Act as a natural person or an organization, and an organization can be a corporation as defined under the Truth in Lending Act, 15 U.S.Code1602 ( e ). See Exhibit ( # 4 ) Notice, it is a fact, affiant is aware, DriveTime XXXX XXXX XXXX XXXX XXXX DriveTime, XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX falls under both definitions of seller and creditor as evidence in See Exhibit ( # 5 ) and subsections 16 CFR 433.1 ( j ) and 16 CFR 433.1 ( c ). 
Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX am aware that DriveTime is a debt collector by legal definition. Pursuant to 15 U.S.Code1692 ( a ) ( XXXX ), a debt collector is any person who uses instrumentality of interstate commerce, such as the mails ( including electronic mail ), in any business which the principal purpose is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. See Exhibit ( # XXXX ) Notice, it is a fact, affiant is aware and have proof in See Exhibit ( # XXXX ) of DriveTime as a debt collector, has not conveyed the XXXX as exactly required under FDCPA and thus a violation of 15 U.S.Code1692e ( 11 ). 
Notice, it is a fact, affiant is aware and has proof in See Exhibit ( # 8 ) of DriveTime being in violation of 15 U.S.Code1692f ( 8 ) as there can be no symbols on the outside or inside the mails in the attempt of collection of any debt. 
Notice, it is a fact that, I, agent for principal XXXX XXXX XXXX and affiant, have reason to believe and do so believes DRIVETIME is a debt collector as described in 15U.S.Code1692a ( 6 ) which includes any creditor who, in the process of collecting his own debts, using any name other than his own, as shown in See Exhibit ( # 9 ) which would indicate a third person is collecting or attempting to collect such debts by way of buying, selling, or moving products, services or money across state borders or using interstate commerce or the mails ( including electronic mail ) in any business the principal purpose of which the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. 
Notice, it is a fact, in accordance with 15 U.S.Code1692c ( d ), I, the affiant, federally protected consumer in fact, is invoking their administrator and executor status over this matter and is the age of majority. It is also a fact DriveTime is a corporation and is always considered a minor. Corporations who are considered minors have no legal standing or jurisdiction. 
Notice, it is a fact, In connection with any sale to a consumer, such as I, the affiant am aware, a contract must include the provision described in 16 CFR 433,2 ( a ) otherwise this contract would be an unfair or deceptive act or form. In connection to this provision, I am invoking my right as the debtor to assert all claims and defenses against DriveTime In connection with this transaction and or negotiable instrument and any other possible derivatives in order to recover any amounts paid and its proceeds. I have claim to the interest and the proceeds of each trade and instrument in accordance with UCC 3-306 with the possessory right to both instrument and the property. See Exhibit ( # 10 ) Notice, it is a fact, affiant did not give prior consent to communication to the debt collector, DriveTime and the affiant alleges there was no prior consent from a court giving permission to contact I, the affiant in collection of any debts and thus this communication form DriveTime is a violation of 15 U.S.Code1692c ( a ) without court order brought forth. See Exhibit ( # 11 ) Notice, it is a fact, affiant is aware and has proof in See Exhibit ( # 12 ) of false and inaccurate credit information reported and it is a violation of 15 U.S.Code1692e ( XXXX ). 
Notice, affiant is aware the debt collector DriveTime can not communicate with anyone other than the consumer, the natural person in connection with 15 U.S.Code1692a ( 3 ) or an attorney or consumer reporting agency as permitted by law. However the debt collector has communicated with the all caps name principal obligor, XXXX XXXX XXXX and has always referred to my principal obligor and not myself the agent, natural person and consumer in fact. This is a violation of 15 U.S.Code1692c ( b ). See Exhibit ( # XXXX ) Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX and affiant, has reason to believe and do so believes, without all requested documents in the affidavit herein there can be no proof of claim by DriveTime and DriveTime would be liable for creating a false and deceptive form under 15 U.S.Code1692j. See Exhibit ( # 14 ) Notice, it is a Fact, that, I, agent for principal XXXX XXXX XXXX and affiant, has received a statement including the subject matter of consumer credit transaction and an attempt to collect an alleged debt for the Account number ending in { XXXX }. See Exhibit ( # 15 ) Notice, it is a fact that, I, agent for principal XXXX XXXX XXXX and affiant, have reason to believe and do so believe, I the consumer, owe no such alleged debt ( s ). 
Notice, it is a fact, pursuant to 15 U.S.Code1692a ( 5 ), a debt is any obligation or alleged obligation. See Exhibit ( # 16 ) Notice, it is a fact, affiant is aware, the false character of the amount of any debt is a violation of 15 U.S.Code1692e ( 2 ) ( A ). affiant has proof of this violation as DriveTime allege I, the affiant, owes a debt but the alleged debt is shown in the positive amount, as seen in See Exhibit ( # XXXX ) Notice, it is a Fact, that, I, agent for principal XXXX XXXX XXXX and affiant, am disputing this alleged debt, invoking my specified remedy as original creditor pursuant to 15 U.S.Code 1692c ( c ) ( 2 ) and pursuant to 15 U.S.Code 1692c ( c ). See Exhibit ( # 18 ) Notice, it is a fact, affiant is aware, she is a consumer, a natural person who seeks and acquires goods or services for personal, family, or household use only in accordance with the federal regulation 16 CFR 433.1 ( b ). See Exhibit ( # 19 ) Notice, it is a fact, affiant is aware, DriveTime has engaged in an business arrangement through contract to finance a good or services, and in the case of this consumer credit transaction the property I own, XXXX XXXX XXXX XXXX, which is used for personal, household, and family purposes. See Exhibit ( # 20 ) Notice, it is a fact, affiant is aware, I the affiant took part in a credit sale, as a result of a consumer credit transaction I entered with DriveTime on XX/XX/XXXX which credit was extended, financing the sale amount of {$33000.00} as it relates to both the Truth in Lending Act and Regulation Z, so be it. See Exhibit ( # 21 ) Notice, it is a fact that, I, agent for principal XXXX XXXX XXXX and affiant, have reason to believe and do so believes, this contract as shown in Exhibit ( # 20 ), pursuant to 16 CFR 433.1 ( f ), was intended to be an written agreement with full willful disclosure as required in the Truth in Lending Act in order for I the affiant, to be able to properly contemplate and concerted and or cooperative activity between I, and DriveTime. Upon discovery, I have reason to believe and do so believe I did not receive such disclosure, as to be shown in the Affidavit of Truth/Notice of Cease and Desist herein. 
Notice, it is a fact, affiant is aware, as shown in Exhibit # 22A, this contract is a consumer credit contract and as described in 16 CFR 433.1 ( i ) an instrument, and under UCC 3-104 ( a ) Exhibit # 22 an instrument is a negotiable instrument and an unconditional promise to pay, no different than a dollar. I the affiant has reason to believe and do so believes this instrument constitutes as payment under the Negotiable Instruments Act and has fully paid for this transaction on the date of consummation. 
Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX, and affiant is aware, of the security interest clause which states The security interest secures payment of all amounts you owe in this Contract and performance of your other agreements in this Contract. See Exhibit # 23 this part was not conspicuously and clearly explained to me. If this secures all payments, what am I the affiant paying for exactly? This was not conspicuously and clearly explained to me. 
Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX, and affiant, has reason to believe and do so believes, in accordance with 15 U.S.Code1605 my finance charge should have included insurance for both life, accident, health insurance, loss, damage and against liability arising out of ownership or use, of property as the finance charge is the sum of all charges. See Exhibit # 24. Upon discovery, affiant has been made aware that no insurance was included with the finance charge. This is a violation of XXXX U.S.Code1605. 
Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX and affiant upon discovery has been made aware a finance charge is the sum of all charges and does not include charges of a type payable in a comparable cash transaction. You can not have a finance charge and cash within the same transaction. See Exhibit # XXXX. I, the affiant, was told to make under stress, distress, and coercion was made to pay and illegal down payment in connection with this transaction in the amount of {$2000.00}, shown in See Exhibit # XXXX, as this was required to close a transaction needed for household purposes as transportation for work and to provide for my family. 
Notice, it is a fact, affiant is aware, in accordance with 15 U.S.Code1662 ( 2 ) See Exhibit # 27 it is illegal to require a down payment in conjunction with any extension of consumer credit unless the down payment is in specific amount for every transaction. I the affiant have reason to believe and do so believe, the down payment amount was unique to my transaction and therefor illegal to require as part of transaction and thus should be remitted by DriveTime if it was paid or not required by DriveTime to avoid violation of 15 U.S.Code1662 ( 2 ) and be liable to double the finance charge under 15 U.S.Code1640 ( a ) ( 2 ) ( A ) ( i ).. See Exhibit # 28b. 
Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX and affiant, allege I have invested into this company using my qualified endorsement month after month while the statement account and IMF book credits recorded on your book ledger on your single or double bookkeeping.. See Exhibit # 29 Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX and affiant, alleges that I do not owe a debt and in fact believe there has been a surplus of monies made associated with account ending in account number ( XXXX  ). I have reason to believe and do so believe DriveTime was credited from my principal obligor trust account and money has been credited to the bank has been to make investments in favor of DriveTime using this account ending in ( XXXX ). If this assumption is true, I demand the redirection of all prior payment into the name of the consumer on the original transaction, as I am not or have ever been aware of the trading, monetizing, and hypothecation of my consumer information may have and may still be occurring ; and, so be it, and I demand compensation a XXXX point XXXX centum on all monies gained associated with this account as this transaction has not been equitable to me, if my assumption that I truly funded and credited this account has been true and monies have been made in my principal obligors name. 
Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX, and affiant, alleges if there has been a surplus amount made with account ending in ( XXXX ) this amount should have been reported to the IRS for tax purposes. 
Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX, and affiant is aware, I did not receive and right of rescission paperwork in connection with this consumer credit transaction. This is a consumer credit transaction in accordance with your notice on page 2 within this contract.. See Exhibit # 30. I did not receive full disclosure of my right to rescission in accordance with 15 U.S.Code1635. See Exhibit # XXXX Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX, and affiant is aware, the right to rescission pursuant to 15 U.S.Code1635 in this consumer credit transaction is a result of an open end consumer credit plan in which a security interest arose by operation of law, which this contract created and this statute does not apply solely to principal dwellings as described in 15 U.S.Code1635 ( a ) as it includes any consumer credit transaction which has a security interest by operation of law. See Exhibit # XXXX Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX and affiant is aware, the right to rescission pursuant to 15 U.S.Code1635 must be included with every consumer credit transaction and without this notice this contract is a false and deceptive form and a violation of 15 U.S.Code1692 ( j ). See Exhibit # 32 Notice, it is a fact, this threat of repossessions, that I, the affiant has proof of in See Exhibit # 33A & Exhibit # 33B is a violation of 15 U.S.Code1692e ( 4 ) Exhibit # 33C and is fraud and illegal in the collection of any debts. This is a right secured to me by this code herein and the 4th amendment of the U.S Constitution. 
Notice, it is a fact, affiant is aware DriveTime has no present right to possession of the property claimed as collateral through and enforceable security interest as I, the affiant have no liens against me and property is exempt by law from such dispossession or disablement due to my 4th amendment rights. DriveTime threat to seize or take any of the affiants property as shown in Exhibit # 33A & Exhibit # 33B is a direct violation of 15 U.S.Code1692f ( 6 ). 
Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX am aware that DriveTime must prove that they are the rightful holder in due course in order to threaten repossession. Exhibit # 20 the rights to any claims to collect and debts or take any property peacefully belongs to the holder in due course. 
Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX, and affiant is aware, the taking of property when there is no right to possession of the property claimed as collateral through an enforceable security interest is grand theft under 18 U.S.Code641. Exhibit # 34 Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX am aware that DriveTime is in violation of XXXX U.S.Code1611 ( 3 ). Whoever willfully and knowingly gives false or inaccurate information or fails to comply with any requirement imposed under this subchapter shall be fined {$5000.00} or imprisoned for up to a year, See Exhibit # 35 Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX and affiant, I do not authorize or consent to any retaliation or discrimination towards me while I am exercising my rights in good faith pursuant to 15 U.S.Code1691 ( a ) ( 3 ). Such act will serve as proof DriveTime acted without ordinary care, good faith and has indeed performed illegal activity in evidence subject to this matter. See Exhibit # 36 Notice, it is a fact, that, I, agent for principal XXXX XXXX XXXX, and affiant is aware, in accordance with 15 U.S.Code1692g ( c ) there has been no admittance to liability and any failure by I, the affiant to dispute the debt can not be used as evidence as verification or validation of an alleged debt being owed. See Exhibit # 37 Notice, it is a fact, without an affidavit response with rebuttal, point for point, then I am conditionally accepting your non-reasonable response, as frivolous, and you agree to fault judgement in the favor of interest of I the federally protected consumer, holder in due course, attorney, and administrator in fact as an unrebutted affidavit stands a truth in commerce. 



Security Agreement This is a claim and demand for DEBT VALIDATION, pursuant to the FDCPA. You have 15 days from the date of delivery to respond to this notice. Should there be dishonor in the aforementioned requested documentation be way of unrebutted affidavit, failure to disclose requested documents, or failure to respond in the allotted time, and the failure to respond to the particular requests to rectify and fault by DriveTime, herein, will serve as acquiescence and your agreement to a security interest up to one per centum of your company for the dishonor in the negotiable agreement, bank fraud, creation of the false and deceptive form, mishandling of goods, compromising my means of travel and property, harassment and the stress and mental anguish caused to me due to this situation and for the attempt of exercising my rights in good faith to rectify this situation. However I do in good faith expect you to handle these matters with ordinary care to address subject matter. Thank you. 

This copy of my notarized Affidavit was sent to the CEO of DriveTime XXXX XXXX, XXXX of XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX Registered/Certifed Mail numbers XXXX on XXXX XXXX

Company response to consumer: Closed with explanation