Consumer complaint received 2021-11-18
Company: FIFTH THIRD FINANCIAL CORPORATION
State: TX
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I XXXX XXXX XXXX and affiant. I am a federally protected consumer, holder in due course, attorney in fact and consumer and natural person who seeks or acquires goods or services for personal, family, or household use only in accordance with the federal regulation XXXX CFR XXXX ( b ). I have proof that XXXX XXXX Violated my consumer rights by threatening me to get insurance and pay a down payment when a finance charge was involve which is illegal Pursuant to XXXX XXXX XXXX XXXX ( a ) and XXXX. XXXX XXXX XXXX ( c ). This violation cause for damages to be paid to me in double the finance charge pursuant to XXXX XXXX XXXX XXXX ( a ) ( XXXX ) ( A ) ( i ). Sales Associate XXXX XXXX And the sales XXXX did not provide me with all the required information required under the provisions of 15 U.SXXXX Code XXXX is a violation of 15 U.S. Code XXXX willfully and knowing. XXXX XXXX and the finance XXXX rushed me through the car buying process so they can get off that day and didn't disclose right to rescind this consumer credit transaction Pursuant to 15 U.S. Code XXXX ( a )., in connection with any sale to a consumer, such as I, the affiant am aware, a contract must include the provision described in XXXX CFR XXXX ( 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 XXXX XXXX, XXXX 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 a claim to the interest and the proceeds of each trade and instrument in accordance with XXXX XXXX with the possessory right to both the instruments and the property.XXXX XXXX XXXX XXXX XXXX XXXX both definitions of seller and creditor as evidenced in EXHIBIT ( A ) and subsections XXXX C.F.R. XXXX ( j ) and XXXX C.F.R. XXXX ( c ). XXXX XXXX, XXXX is a creditor in connection and in accordance with XXXX CFR XXXX ( c ). A person who finances and extends credit to a natural person or a consumer would be the XXXX name, my property XXXX XXXX XXXX the corporate fiction and legal engis.The XXXX rescission forms are required by XXXX XXXX XXXX and must be delivered together with a statement containing the material disclosures in accordance with XXXX XXXX Code XXXX ( v ) required under TILA. In addition, the creditor must clearly and conspicuously disclose, in accordance with regulations of the Consumer Financial Protection Bureau. I, the affiant did not receive any forms nor receive any clear or conspicuous, verbal, written or video explanation on my right to rescind. I the affiant, have the right to exercise the right of rescission after the XXXX years from the XX/XX/2021 in accordance with 15 U.SXXXX Code XXXX ( f ) as shown in EXHIBIT ( A ) due to the failure of XXXX XXXX XXXX XXXX to disclose this required information. as described in XXXX CFR XXXX ( XXXX ) then XXXX XXXX, XXXX needs to provide that waiver in order to prove its compliance with the Truth in Lending Act requirements. Such failure to provide the written waiver will hold XXXX TX, XXXX. liable for its negligence, unfair and deceptive practice of not providing the consumer the notice of right to rescind.Notice, it is a fact, affiant is aware, in the case of any consumer transaction in which a security interest including any such interest arising by the operation of law, meaning not limited only to a principal dwelling, but any contract which includes a security interest, the obligor shall have the right to rescind the transaction until the midnight of the third business day following the consummation or the day the agreement was signed. The rescissions forms are required and must be delivered together with a statement containing the material disclosures required under the Truth In Lending Act. In addition, the creditor must clearly and conspicuously disclose, in accordance with regulations of the Consumer Financial Protection Bureau.Notice, it is a fact, affiant is invoking it's right of rescission in accordance with XXXX XXXX Code XXXX and XXXX XXXX XXXX to rescind any power of attorney which XXXX 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 ( XXXX ) ; XXXX XXXX XXXX. Notice, it is a fact, I affiant, consumer, debtor, and natural man, believe and do so believe since I granted security interest, that I have the ability to revoke such interest Pursuant to XXXX C.F.R XXXX ( a ) XXXX ( i ) and hereby exercise the right to rescind any and ALL Security interest in ; The Vehicle, All money or goods received for the vehicle, All insurance, maintenance, service or other contracts financed and all refunds or charges from the contract mistakenly given to any and all parties in consumer credit transaction at XXXX XXXX XXXX XXXX, on XX/XX/XXXX XXXX, it is a fact, affiant is aware, upon discovery, this contract has been a one sided agreement which I was never disclosed the second signature by an authorized party, head of agency or registered agent XXXX XXXX XXXX XXXX XXXX XXXX " meeting of the minds '' has never occurred in connection with this contract. Being the only party to sign this contract without full willful disclosure I invoke and reserve my right to revoke the arbitration clause in connection with this contract and for any transfer, trade, hypothecation, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me ; XXXX XXXX XXXX.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 consumer, holder in due course, attorney, and administrator in fact as an unrebutted affidavit stands a truth in commerce.

Company response to consumer: Closed with explanation