Consumer complaint received 2024-10-11
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: FORD MOTOR CREDIT CO. (FL)

Dear Sir/Madam, I am writing to formally request an investigation into Ford Financial regarding multiple violations of federal laws, including the Truth in Lending Act ( TILA ), Consumer Financial Protection Act ( CFPA ), and Uniform Consumer Credit Code ( UCCC ). These violations pertain to a car loan account I hold with Ford Financial under the following details : Alleged Violations and Issues : 1. Misrepresentation and Fraudulent Loan Origination Ford Financial failed to provide accurate and clear loan terms at the time of loan origination, in direct violation of TILA ( 15 U.S.C. 1601 et seq. ) and UCCC 3.301. Additionally, I have identified possible instances of forgery on my loan documentation, violating UCC 3-401 and UCC 3-403 .

2. Unauthorized Charges and Fees Ford Financial has imposed unauthorized charges and fees, further violating TILA and the Fair Credit Billing Act (

FCBA ) under 15 U.S.C. 1666. These unauthorized fees have inflated the total loan amount and misrepresented the true cost of credit. 3. Deceptive Practices under CFPA The misrepre
sentation and fraudulent loan origination practices are in violation of the Consumer Financial Protection Act ( 12 U.S.C. 5531 ), which prohibits unfair, deceptive, or abusive acts or practices (

UDAAP ). 4. Failure to Comply with UCCC Ford
Financial has failed to meet its obligations under

UCCC 3.301, which requires full transparency and accurate disclosure of loan terms and fees. These discrepancies have caused significant financial harm. Request for Investigation and Remedies : 1. Unauthorized Charges : 15 U.S.C. 1601 et seq. ( TILA ) Truth in Lending Act 15 U.S.C. 1666 ( FCBA ) Fair Credit Billing Act Regulation Z Implements TILA 2. Misrepresentation at Loan Origination : 15 U.S.C. 1601 et seq. ( TILA ) Truth in Lending Act UCC 2-302 Unconscionable Contracts Common Law Fraud Fraudulent Misrepresentation 3. Forged Signatures : UCC 3-401 Signatures and Enforceability UCC 3-403 Unauthorized Signatures 15 U.S.C. 1681c-2 ( FCRA ) Fair Credit Reporting Act 4. Undisclosed Fees or Interest Rates : 15 U.S.C. 1601 et seq. ( TILA ) Truth in Lending Act UCC 9-203 Enforceability of Security Interests 12 U.S.C. 5531 ( CFPA ) Consumer Financial Protection Act ( UDAAP violations ) As a result, I believe that the contract and billing were initiated under fraudulent terms, in violation of UCC provisions, UCCC standards, and federal consumer protection laws. In addition to state violations, Ford credits actions appear to constitute violations of multiple federal laws, including but not limited to : Truth in Lending Act ( TILA ) : The failure to disclose loan terms properly and truthfully under TILA may subject Ford
Financial to penalties.

Consumer Financial Protection Act ( CFPA ) : Fraudulent practices surrounding the loan origination and administration qualify as unfair, deceptive, and abusive acts or practices under the CFPA.

Fair Credit Reporting Act ( FCRA ) : Any misreporting of loan terms, payments, or balances to credit bureaus as a result of this fraud could violate FCRA, which mandates accurate credit reporting.

Violations of UCC Provisions : Pursuant to UCC 9-625, I assert my right to reclaim my security interest due to improper conduct and fraud in the creation of this contract. Specifically, UCC 9-203 dictates that a security interest is only enforceable if certain conditions are met, including an authorized contract. I believe these conditions were not satisfied due to the fraudulent misrepresentation.

Additionally, the UCC 9-404 right of the debtor to assert claims and defenses against the assignee of a loan allows me to raise these claims against Ford Financial as the current holder of this loan.

Violation of UCCC : Under UCCC 3.301, Ford Financial has an obligation to provide clear, accurate, and truthful disclosures related to all charges, fees, and obligations. I believe that Ford Financial failed to provide such disclosures, violating federal TILA requirements and the UCCC. I request immediate correction of these errors and an investigation into the fraudulent activity involved at loan origination.

I kindly request that the CFPB investigate Ford Financial for these violations and take appropriate enforcement actions, including : 1. A thorough audit of Ford Financials practices including and itemized statement of the loan, correcting the billing errors and voiding any fraudulent charges.

2. A requirement that Ford Financial correct all errors and reimbursement and or discharge of any fees, interest, or penalties assessed under the erroneous contract.


3. The immediate release of any security interest or lien associated with this contract and a formal statement of satisfaction of the loan under UCC 9-513. 4. Action to ensure that Ford
Financial adheres to the requirements under TILA,

CFPA, FCRA, UCC, U.S.C., and UCCC going forward. Thank you for your attention to this matter. I look forward to
your confirmation of receipt of this complaint and any next steps.