Consumer complaint received 2022-09-19
Product: Debt collection — Auto debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: MECHANICS BANK (TX)

I will like to first inform CFPB I am the properly authorized consumer and I am submitting this dispute without any third parties, with the intent to not be discriminated against for exercising my rights and applying the federal laws put in place to protect me the consumer. 

This is in reference to ACCT NUMBER : XXXX XXXX Consumer XXXX XXXX entered into a consumer credit transaction that included my open end credit plan with Mechanics Bank at the dealership XXXX XXXX XX/XX/XXXX, XXXX XXXX failed to provide to me a statement containing material disclosures or the forms for me to exercise my right to rescind on XX/XX/XXXX nor by mail or notified me in any manner of their intentions to do so, this is an violation pursuant to 15 USC 1635. 
I looked over the motor vehicle retail installment contract that was provided to me I noticed there are a number of laws that was broken which makes Mechanics Bank and XXXX XXXX not only CRIMINALLY LIABLE but also CIVILLY LIABLE. 

I have reached out to XXXX XXXX in regards to the discrepancies with finance charges, and issues with the insurance not being included, the down payment i was made to do, as well as the included warranty charge that was automatically included in the sale of the car I reached out to XXXX XXXX XX/XX/XXXX to discuss all of these issues I was informed that the owner will have to get in contact with me or just wait on Mechanics Bank to send everything to me because the owner was out of country I asked for Mechanics Bank number and gave Mechanics Bank a call i was told by the customer service rep on XX/XX/XXXX that i was not in the system but will forward my information and someone from legal will be in touch, from XX/XX/XXXX until now i have not had a conversation with the Owner of XXXX Auto to address these concerns and violations and as far as Mechanics Bank they just gave me a call XX/XX/XXXX about a system error their back office caused and not being able to collect a payment I stated someone from legal is suppose to reach out to me about the problem with my contract and not receiving my disclosure statements, right of rescission information I was told that they are sorry this has happened and the forms will be mailed out to me, I received mail from them which was a billing statement and that was it. I Have reached out to XXXX XXXX and left messages for the owner who is always out of the country and never can or have return a phone call as promised by his employees XXXX or XXXX the calls was on XX/XX/XXXX, XXXX, XXXX I AM AWARE that pursuant to 15 USC1605 ( a ) - amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges the finance charge does not include a cash down payment ( Delta Autogroup and Mechanics Bank knowingly and willingly lied violated my rights and committed fraud XXXX 

I AM AWARE that pursuant to 15 USC1605 ( a5 ) ( b ) is allowed in Texas and that when i requested for insurance to be included in my finance they knowingly lied and committed fraud the law states Premium or other charge for any guarantee or insurance protecting the creditor shall be included if requested and I did, but XXXX XXXX and Mechanics Bank made me purchase insurance separately. 

I AM AWARE that pursuant to 15 USC 1692d ( 1 ). XXXX XXXX and Mechanics Bank has taken cash payments in an CONSUMER credit transaction and has used Unfair practices to try to collect alleged debt charging interest and late fees violations pursuant to 15USC 1692f. 

I mailed to Mechanics Bank XXXX XXXX my AFFIDAVIT OF RESCISSION EFFECTIVE IMMEDIATELY pursuant XXXXo12 CFR 1026.23 ( XXXX ) to the address that is on my statement on XX/XX/XXXX to MECHANICS BANK AUTO FINANCE XXXX XXXX  XXXX, CA XXXX I also mailed my AFFIDAVIT OF NOTARY PRESENTMENT, INVOICE FOR MY DAMAGES SO FAR, AND EXHIBITS A, B, C, D To Mechanics Bank XXXX XXXX I want you to understand clearly I am exercising my right to rescind effective immediately also this is not in error nor a mistake and i am not doing this out of malice you have violated a number of laws that holds you criminally and civilly liable this has caused mental stress, financial strain and I will exercise my rights to the fullest extent of the law. 

I AM AWARE that XXXX Mechanics Bank XXXX XXXX has used interstate Commerce for the purpose of fraud and are in violation pursuant to 15 USC 77q ( a3 )