Consumer complaint received 2017-07-09
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Fraudulent loan
Company: CarFinance Capital LLC, Irvine, CA Branch (NC)

This is a continuance of my previous complaint #   XXXX    against Car FInance Capital and   XXXX   XXXX   XXXX   who has failed to answer specific questions that I have been asking since XX/XX/XXXX . It is because of their refusal to disprove my allegations that I made a conscious decision to discontinue payments to them based upon my belief and now proof that both the dealer   XXXX   XXXX   XXXX   XXXX  . the dealer and CarFinance have committed fraud, conversion of property and Identity theft.
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Their response is grossly insufficient and does not answer specific questions. By their own admission they have acknowledged that these same questions have been asked previously and that they have refused to answer them.
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In spite of the simplicity to answer my questions the Companies have avoided answering deliberately. I am therefore going to restate my questions and require that the companies answer with specificity providing the statute, code, or public policy in support of their answer.
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My questions are as follows : Q : ( 1 ) What statute or law are you relying upon to determine that this transaction is anything other than a " Consumer Credit Transaction ''?
Q : ( 2 ) 18 USC section 31 defines the term " Motor Vehicle '' what statute have you relied upon to determine that my " Automobile '' is being used for commercial use or for hire purposes on the highways of the State of North Carolina ''?
Q : ( 3 ) 15 USC 1602 ( i ) defines " Consumer Transaction '' as ( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. Q : ( 4 ) What statute are you relying upon to have converted this transaction in to a commercial transaction for the purchase of a " Motor Vehicle ''?
Q : ( 5 ) The Truth in Lending Act regulates the disclosure of terms regarding all " Consumer Credit Transactions '' including the right of rescission. You have admitted twice previously that you are aware that my automobile was being used for personal, family, and household purposes and not commercial.
The Truth in Lending Act Reg. Z Exempts certain transactions. They are as follows : Summary of Coverage Considerations 226.1 & 226.2 Lenders must carefully consider several factors when deciding whether a loan requires Truth in Lending disclosures or is subject to other Regulation Z requirements. The coverage considerations under Regulation Z are addressed in more detail in the commentary to Regulation Z. For example, broad coverage considerations are included under section 226.1 ( c ) of the regulation and relevant definitions appear in section 226.2.
Exempt Transactions 226.3 The following transactions are exempt from Regulation Z : Credit extended primarily for a business, commercial, or agricultural purpose ; Credit extended to other than a natural person ( including credit to government agencies or instrumentalities ) ; Credit in excess of {$25.00} thousand not secured by real or personal property used as the principal dwelling of the consumer ; Public utility credit ; Credit extended by a broker-dealer registered with the Securities and Exchange Commission ( SEC ) or the Commodity Futures Trading Commission ( CFTC ), involving securities or commodities accounts ; Home fuel budget plans ; and Certain student loan programs.
Footnote 4 : If a credit card is involved, generally exempt credit ( e.g., business or agricultural purpose credit ) is still subject to requirements that govern the issuance of credit cards and liability for their unauthorized use. Credit cards must not be issued on an unsolicited basis and, if a credit card is lost or stolen, the cardholder must not be held liable for more than {$50.00} for the unauthorized use of the card.
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When determining whether credit is for consumer purposes, the creditor must evaluate all of the following : Any statement obtained from the consumer describing the purpose of the proceeds.
- For example, a statement that the proceeds will be used for a vacation trip would indicate a consumer purpose.
- If the loan has a mixed-purpose ( e.g., proceeds will be used to buy a car that will be used for personal and business purposes ), the lender must look to the primary purpose of the loan to decide whether disclosures are necessary. A statement of purpose from the consumer will help the lender make that decision.
- A checked box indicating that the loan is for a business purpose, absent any documentation showing the intended use of the proceeds, could be insufficient evidence that the loan did not have a consumer purpose.
Q. ( 6 ) Your Contract states on page ( 1 ) near the bottom center of the page in BOLD TYPE " NO COOLING OFF PERIOD '' State law does not provide for a 'cooling off '' or cancellation period for this sale. After you sign this contract, you may only cancel it if the seller agrees or for legal cause. You can not cancel this contract simply because you change your mind.
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Q : ( 7 ) What law are you relying upon to supersede the Federal Truth in Lending Act Reg. Z?
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15 USC 1692 ( i ) ( 2 ) ( a ) and ( b ) requires you to bring forth a legal action in a Judicial district or similar legal entity in the collection of any consumer credit transaction.
( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.
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Q : ( 8 ) What legal authority are you relying upon to have repossessed my " Automobile ''?
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UCC-9-109 ( 23 ) defines Consumer Goods as goods that are used or bought for use primarily for personal, family or household purposes.
Q : ( 9 ) What legal authority are you relying upon to have converted this Consumer Credit Transaction for consumer goods into a Commercial Transaction or " Equipment '' as defined at UCC-9-109-2,.
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Q : ( 10 ) Did you at anytime advise me that I was not required to sign a " Motor Vehicle Title Application ''?
Q : ( 10 ) What legal authority have you taken my name and applied it to your contract spelled as a mis-nomer utilizing all CAPITAL LETTERS?
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Q : ( 11 ) I have rescinded this contract pursuant to the Truth in lending Reg Z 15 USC 1692 ( i ), and provided you with an invoice for the return of all monies expended as the result of this fraudulent contract. When will you be refunding my money?
If not what is the legal basis for your refusal to refund?
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Q : ( 12 ) Your letter i.e. Notice of your Plan to Sell property dated 6/14/2017 has an account # on it that is not my account number why is this? provide the legal basis as to why there is a different account than my previous account number.
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This is another reason why I need a full validation of this debt as requested for the 3rd time below.
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This is a dispute of a debt pursuant to 15 U.S.C. 1692 ( g ) I am also requiring again that you provide verification of this alleged loan through audit certification of debt entry in accordance with " G.A.A.P. General Acceptable Accounting Principles '', " Basel 3 Accord '' and " U.N.C.I.T.R.A.L Convention ''.
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In your last letter you stated that it is not   XXXX   XXXX   XXXX   practice to respond to such correspondence unless new allegations are raised. This is a dispute of a debt and under the FDCPA 15 USC 1692 ( a ), ( c ), ( d ), ( e ), ( f ), ( g ), ( i ) all of which you are violating you are required to respond. Your actions are also a violation of my civil rights under 42 USC section 1983 and various fraud statutes.
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If you are operating within the framework of the law it should be pretty simple to respond by pointing me to the laws upon which you are operating. A lack of response as previously stated will be deemed an admission of the facts by CarFinance and   XXXX   XXXX   XXXX   as I have stated them.
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Govern yourselves accordingly,