Consumer complaint received 2023-08-10
Company: United PanAm Financial Corp.
State: OH
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Loan balance remaining after the vehicle is repossessed and sold

Complaint:
Vroom Inc parent company of their subsidiary company referred to as United Auto Credit Corporation ( UACC ) that was integrated with and now considered a lending company operation for Vroom Inc. Vroom Inc is owner of United Auto Credit Corporation per their XXXX annual report pursuant to section 13 or 15d of the Securities and Exchange Act of 1934 for the fiscal year that ended XX/XX/XXXX. Their Commission file number : XXXX is. Vroom Inc subsidiary company referenced in the XXXX annual reporting as ( UACC ) United Auto Credit Corporation have not been in compliance with the agreement they signed with the United States Security And Exchange Commission. Pursuant to section 13 or 15 ( b ) the Securities Exchange Act of 1934.This also includes their disregard to Rule 405 of the Securities Act, and implemented by the Sarbanes-Oxley Act of 2022 ( 15 U.S.C. 7262 ( b ). Per your agreement as amended ( the " Sarbanes Oxley-Act '' ), the XXXX XXXX Reform and Consumer Protection Act of 2020 ( the Dodd-Frank Act ), the XXXX XXXX XXXX XXXX XXXX ( XXXX ) and XXXX XXXX and standards. All which imposes additional reporting and other obligations in reference to Vroom Inc and subsidiaries as a public company. Because your company agreed to comply with government regulations and your company Vroom Inc ( UACC ) United Auto Credit Corporation are subject to extensive U.S. federal, state and local laws and regulation. This also includes protection laws, including prohibitions against unfair or deceptive acts or practices. The federal governmental agencies that regulate your company/ business and has the authority to enforce such statutes and laws against you including agencies such as the U.S. Federal Trade Commission , the U.S. Department of Transportation , the U.S. Occupational Health and Safety Administration , the U.S. Department of Justice and the U.S. Federal Communications Commission . Additionally, Vroom Inc and subsidiary ( UACC ) are subject to such statutes by individual state dealers licensing authorities, state consumer protection agencies and state financial regulatory agencies. In addition, ( UACC ) are subject to enforcement by the Consumer Financial Protection Bureau ( CFPB ) and state consumer protection agencies, including state attorney general offices and state financial regulatory agencies. Failure to comply with federal, state and local laws and regulations relating to privacy, data protection and consumer protection, or the expansion of current or the enactment of new laws or regulations relating to privacy, data protection and consumer protection. Failure to protect such information could harm your reputation and could adversely affect your company including subsidiaries that fall under your business, financial condition and results of operations. Vroom Inc parent company of subsidiary United Auto Credit Corporation are also supposed to remain in compliance and conformity of GAAP. Vroom Inc and subsidiaries have not been in compliance and continue to fail to acknowledge, wrongdoing not only in reference to the Securities and Exchange Act of 1934, but also failed to comply FINRAS rules and guidance as a business. Vroom Inc and subsidiary ( UACC ) has continued to voluntarily violate my privacy and security by not safeguarding my personal information. Instead they choose to share that information with third party vendors such as repossession companies.As a whole this company has not lived up to their promises that they agreed to. This organization has violated my privacy rights as a consumer, and misled me by failing to maintain my security for sensitive consumer information, or caused substantial consumer injury. United Auto Credit Corporation subsidiary of Vroom Inc has violated Section 5 of the FTC Act, which bars unfair and deceptive acts and practices in or affecting commerce. As a company Vroom Inc subsidiary ( UACC ) has violated numerous rules, regulations of the agreement of the Securities Exchange Act of 1934, Rule 405 of the Securities Act, Section 13 or Section 15 ( d ) of the Act, and implemented by the Sarbanes-Oxley Act of 2022 ( 15 U.S.C. 7262, the Dodd-Frank Act ), the XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX ) and XXXX XXXX  and XXXX. I am aware that XXXX takes disciplinary actions against firms and individuals for violations of XXXX rules ; federal securities laws, rules, and regulations ; and the rules of the XXXX XXXX XXXX XXXX. In addition to Sanctions including restitution, fines, suspensions, and in cases of serious misconduct, bars from the brokerage industry. Vroom Inc and subsidiaries provided false and misleading information in reference to the my contract and didnt advise me of my right to rescind and revoke their right to have security in my contract, insurance bonds, repossession, maintenance bonds, finance charges and proceeds. And it needs to be redirected to its lawful owner, myself XXXX XXXX. You Vroom Inc and subsidiary of United Auto Credit Corporation are allowed to keep your 20 % and I make my 80 %. I did not authorize nor agree to your company giving my personal information to other companies such as those who repossessed my vehicle. Privacy Act of 1974 ( 5 U.S. Code 552a ). The term record means any item, collection or grouping of information about an individual that is maintained by agency, including, but not limited to financial transactions and any information containing my name or identifiable number. Vroom Inc and subsidiaries did not provide a conditional disclosure.No agency or company shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains. unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. 

Again they need prior written instruction of the individual to whom it relates. 

Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; Vroom Inc and subsidiaries did not receive any written consent prior to the repossession to release my private information to any other third party companies XXXX and XXXX XXXX in reference to repossession. Vroom Inc and Subsidiaries United Auto Credit Corporation have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974. According to PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope. 

( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15. 





Every company should provide a privacy notice before they furnish any information to my consumer report. Vroom Inc and subsidiaries failed to provide me with a privacy notice, nor did they advise they were furnishing my information which is a violation. According to 12 CFR 1016.4 Initial privacy notice to consumers required. Vroom Inc and subsidiaries ( UACC ) per 1016.4 Initial privacy notice to consumers required to Provide an Initial notice. It must provide a clear and conspicuous notice that accurately reflects Vroom Inc ( UACC ) privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section XXXX of this title. XXXX U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' Your company Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Also, 15 U.S.Code 1692e ( 4 ) illegal repossessions states it is a fact, affiant is aware, this threat of foreclosure, that I, the affiant has proof of in documented Vroom Inc subsidiary ( UACC ) is a violation of 15 U.S.Code 1692e ( 4 ) 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 invoking it's right of rescission in accordance with 15 U.S.Code 1635 and UCC 3- 306 to rescind any power of attorney which may have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me. I was not given full disclosure of any such power of attorney until discovery of its potential existence and demand a full revocation of such document ( s ) ; XXXX XXXX XXXX. For each violation of TILA is double the finance charge when it comes to consumer credit transactions. Each violation is double the finance charge. In a lease each violation is XXXX dollars. If there is no security interest its XXXX per violation or higher depending on a pattern of failures aka XXXX. charges. Vroom Inc parent company of subsidiary United auto credit Corporation did not follow or comply with my request for documentary evidence pursuant to 15 U.S.Code 44 including all documents, papers, correspondence, books of account, and financial and corporate records which involve all derives, assignees, hypothecations in connection with my all caps name. I require this clarification in order to address the billing error for the amount shown in this statement in Exhibit ( -- ). I need to clarify who funded the account and how much is owed according to the journal and ledger entries from the date of open of this account as described in IRS Publication 583. Because United Auto Credit Corporation ( the creditor ) did not provide all documentary evidence as defined under 15 U.S.Code 44 this will result in a billing error and the creditor forfits all rights to collect on the amount the person has identified in dispute. If I am provided with the final payout statement amount and states the amount is a billing error then the entire amount would not be able to be collected on. Notice, it is a fact, affiant is aware, until the creditor has resolved a billing error dispute United auto Credit Corporation can not report any information to any third party including any consumer reporting agencies unless the billing error dispute is over. Such reporting will be admittance to criminal liability under 15 U.S.Code 1611 ( 1 ) for failing to disclose information Vroom Inc subsidiary United Auto Credit Corporation is required to disclosed the documentary evidence or be subject to double the finance charge for failing to comply to TILA requirements per individual action under 15 U.S.Code 1640 ( a ) ( 2 ) ( A ) ( i ). Notice, it is a fact, affiant is aware, 15 U.S.Code 1637 ( b ) ( 2 ) ( A ) refers to a request to resolve a billing error, by providing all documentary evidence for clarification of who funded the account. Until that request is done United auto Credit Corporation can not report late payments in accordance with regulations of the Bureau,12 CFR 1026.13 ( d ) ( 3 ). If United Auto Credit Corporation reports late payments without meeting the requirements under 15 U.S.Code 1637 ( b ) this is a violation of 15 U.S.Code 1666b and all late payments reported associated with the account. According to 1666d - If there is a balance of credit or insurance of the account in connection to a consumer credit transaction with a surplus over XXXX dollar, this account should be credited in the amount of the credit balance, upon request, the remaining balance of the amount should be refunded to the consumer, by cash, check, or money order. The amount can not be known without knowing the journal and legder entires of the account from the date of account opening as described in Publication IRS 583. Notice, it is a fact, affiant is aware, I have exercised my rights in good faith and I have reason to believe and do so believe I have been wrongfully discriminated against by United Auto Credit Corporation is violating 15 U.S.Code 1691 ( a ) ( 3 ). Notice it is a fact, affiant is aware, pursuant to 15 U.S. Code 6809 ( 9 ), I the affiant, am a consumer in connection with this financial institution Vroom Inc subsidiary ( UACC ). Notice it is a fact, affiant is aware, whoever violates 15 U.S. Code 6821 such as the a false, fictitious, or fraudulent statement or representation to a customer of a financial institution will be held liable under 15 U.S. Code 6823 ( a ) to fines under Title 18 USC 3751 with fines up to XXXX for a felony by an organization or imprisoned for 5 years or both. 15 U.S. Code 6827 ( 4 ) ( B ) Definition of a financial institution includes any depository institution, any broker or dealer, any investment adviser or investment company, any insurance company, any loan or finance company, any credit card issuer or operator of a credit card system, any consumer reporting agency, any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution. Notice, it is a fact, affiant is aware, the definition of payment pursuant to 15 U.S. Code XXXX refers to oil for commercial use and minerals in reference to gold and silver as lawful money detailed in the U.S. Constitution. I, the affiant, is unaware of any other definition of payment under commerce and trade or the consumer credit protection act. Out of these options defined under federal law, Vroom Inc and subsidiaries ( UACC ) did not specify which of these options the company preferred as payment. Nowhere in connection with commerce and trade is legal tender constitutes satisfaction of payment. Because there is no money in circulation, I have provide 1099c IRS documentation stating debt was cancelled. Notice, it is a fact, affiant is aware, in accordance with 15 U.S.Code 77q affiant has reason to believe and do so believe Vroom Inc and subsidiaries ( UACC ) has committed securities fraud as it is unlawful to offer or sell of any securities by use of the mails, directly or indirectly to employ any scheme, or artifice to defraud, obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, or engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. Notice it is a fact, affiant is aware, the consumer has the right to request the money audit trial 12 U.S.Code 5562 ( c ) ( 10 ) and would this product of document material as documentary evidence in order to properly address this subject matter and without this documentary evidence there can be no validation of such debt. Notice it is a fact, affiant is aware, in accordance with 12 U.S.Code 1831n ( 2 ) ( A ) the GAAP audit trail, accounting and insurance would be needed as document evidence in order to properly address this subject matter and without this documentary evidence there can be no validation of such debt. Notice, it is a fact, affiant alleges in accordance with 28 U.S. Code 3002 ( 1 ) ( B ) XXXX XXXX XXXX XXXX is not a US attorney, an assistant or designated to act on behalf of the US attorney, or an attorney or the US Dept. of Justice or a Federal agency with litigation authority, which means the head of agency with any accompanied private attorney must have a contract made in accordance with section 3718 of title 31 to conduct any litigation or collection of debts pursuant to 18 U.S.Code 8 on behalf of the United States and otherwise would have no rights to collect. Notice, it is a fact, affiant is aware, the United States is a federal corporation pursuant to 28 U.S.Code 3002 ( 15 ) ( A ) Notice, it is a fact, affiant is aware, in the head of the agency or its private attorney pursuant to 28 U.S.Code 3002 ( 1 ) ( B ) needs a contract with a to collection service to recover or locate indebtedness owed by the United States Govt in accordance with 18 U.S.Code 8. Notice, it is a fact, affiant is aware, in the head of the agency involved in the collection of debts or collection activity when they perform any of the following conduct ; administrative offset, tax refund offset, referral to private collection contractors, referral to agencies operating a debt collection center, reporting delinquencies to credit reporting bureaus, garnishing wages, and litigation or foreclosure. If Vroom Inc subsidiary United Auto Credit Corporation has filled out a 1099c form and is continuing any of these activities they have committed tax fraud and should be reported to the IRS for a fraudulent financial gain. Notice, it is a fact, affiant is aware, she/her is a consumer, a natural person who seeks or acquires goods or services for personal, family, or household use only in accordance with the federal regulation 16 CFR 433.1 ( b ). Notice, it is a fact, in connection with any sale or lease 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 known to be an unfair or deceptive act or form. In connection with this provision, I am invoking my right as the debtor to assert all claims and defenses against United Auto Credit Corporation in connection with this transaction and or negotiable instrument and any other possible derivatives in order to recovery 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 the instruments and the property. I am asking that you properly remit my 1099c so that I can properly file my taxes return. Please send Copy B of 1099c and documentation stating that it was transmitted to the treasury. I just realized I have not truly paid you. Please return all of my ( Floating rate notes ) In addition, I am requesting that all my tenders are returned back to me. Please also wire my securities through my XXXX account. Please also return my XXXX XXXX XXXX XXXX white XXXX XXXX to its original location and address. And please send my title as well. If the vehicle is sold for any reason then I would like a check issue to me for the full amount of vehicle including the down payment and finance charge for the 72 months listed in the contract or another vehicle of my choosing for the inconvenience.I am now revoking your right to have security in this, insurance bonds, maintenance bonds, finance charges and proceeds. And it needs to be redirected to its lawful owner. You are allowed to keep your 20 % and I make my 80 %. 

* Violations 15 U.S.Code 1692e ( 10 ) 1 15 U.S.Code 1692e ( 12 ) 15 U.S.Code 1692f ( 1 ) 15 U.S.Code 1692f ( 6 ) 15 U.S.Code 1692g ( b ) 15 U.S.Code 1692g ( c ) 15 U.S.Code 1692h 15 U.S.Code 1692j 1 15 U.S.Code 1692k ( a ) ( 1 ) 15 U.S.Code 1692k ( a ) ( 2 ) ( A ) 15 U.S.Code 1681a ( 2 ) ( B ) 15 U.S.Code 1681i ( 6 ) ( A ) 15 U.S. Code 1681q TITLE 15 CHP 41 1601 15 U.S.Code 1602 ( b ) 15 U.S.Code 1602 ( e ) 15 U.S.Code 1602 ( f ) 15 U.S.Code 1602 ( v ) title 15 U.S.Code 1605 15 U.S.Code 1605 ( a ) 15U.S.Code1605 ( a ) ( b ) 15 U.S. Code 1611 15 U.S. Code 1635 15 U.S.Code 1635 ( f ) 15 U.S. Code 1637 ( b ) ( 2 ) ( A ) 15 U.S.Code 1640 ( a ) 15 U.S.Code 1644 ( a ) 15 U.S. Code 1662 ( b ) 15 U.S. Code 1691 15 U.S. Code 78m ( q ) ( 1 ) 12 U.S.Code 5562 ( c ) ( 10 ) 12U.S.Code1831n ( 2 ) ( A ) 28 U.S.Code 1746 28 USC 1746 28 U.S. Code 3002 ( 1 ) ( B ) 28 USC 3002 ( 1 ) ( B ) 28 U.S. Code 3002 ( 15 ) ( A ) 31 U.S. Code 3711 ( e ) ( 9 ) 31 U.S. Code 3711 ( e ) ( 9 ) 16 C.F.R. 433.1 ( b ) 16 CFR 433.2 ( a )

Company response to consumer: Closed with explanation