Consumer complaint received 2024-07-19
Product: Debt collection — Auto debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: Exeter Finance, LLC. (SC)

To Whom it May Concern, This letter serves as a formal demand for the immediate return of my unlawfully repossessed XXXX XXXX XXXX XXXX ( VIN # XXXX ). The auto loan was paid in full on XX/XX/XXXX. Of which you kept the payment and did not respond within 24 hours, which is securities fraud.

Infact I sent the payment in full not once but twice, using legal tender in the form a negotiable instrument, of which you kept again. That alone makes you guilty of at least 2 counts of securities fraud, Securities and commodities fraud is a serious crime under federal law, punishable by a maximum imprisonment of 25 years, plus a fine. 18 U.S.C. 1349 confirms that an attempt or conspiracy to commit a violation of 18 U.S.C. 1348 will be punished in the same manner as a violation of Section 1348 itself. 

The auto loan contract was rescinded on XX/XX/XXXX, 20 days from that is the XXXX of XXXX, I sent rescission letters via certified mail to Exeter Finance LLC and the dealership, XXXX XXXX XXXX XXXX, I also revoked power of attorney from Exeter and XXXX XXXX XXXX XXXX. 

XXXX XXXX XXXX XXXX accepted a CASH down payment of {$500.00} violating 15 U.S. Code 1605 which clearly states : The finance charge does not include charges of a type payable in a comparable cash transaction. They also forged my signature, and stated that the vehicle was new, when it was a lender vehicle for the dealership. 

Pursuant to 15 U.S. Code 1611 ( 1 ) ( 3 ) ; one can be fined up to {$5000.00} or face imprisonment for up to one year, or both, for giving false or inaccurate information or fails to provide information which you are required to disclose. In this case you, and XXXX XXXX XXXX XXXX, willfully violated this law when you failed to disclose and provide all information clearly to me as a consumer. 

XXXX XXXX XXXX XXXX, also sold my information to XXXX XXXX XXXX without my permission or even notifying me-committing identity theft. 

Notice that Pursuant to 15 U.S. Code 1635 ( b ) : upon receipt of this rescission, I was not liable for any finance charge or other charges, and any security interest became void effective immediately. 
Take further notice that 20 ( twenty ) days after your receipt of that notice, you were to return any money or property given as earnest money, down payment, or otherwise. Also, you shouldve take any action necessary or appropriate to reflect the termination of any security interest created under that transaction and placed on the property which in this case is a ( XXXX, XXXX XXXX XXXX # XXXX ) the law also states that I may keep the property. Your failure to comply with that rescission will result in civil liability for fraud Pursuant to 15 U.S. Code 1640 When you failed to repossess during those 20 days, you forfeited your right to the security interest of this vehicle. You both failed to pay the fines and my down payment back. So this repossession is illegal. 
The repossession of my vehicle, executed on, XX/XX/XXXX was conducted in blatant violation of both federal and South Carolina state laws, as outlined below. 

**Violation of Repossession Laws : ** 1. **Failure to Provide Proper Notification : ** Under the Uniform Commercial Code ( UCC XXXX and South Carolina state law, specifically SC Code 36-9-611, creditors are required to provide a debtor with proper notification before repossessing a vehicle. This notification must include details of the default and the creditors intent to repossess. At no point did I receive such a notification in writing mailed to my address, rendering the repossession of my vehicle illegal. 

2. **Prohibition Against Breach of Peace : ** The UCC ( UCC 9-609 ) also mandates that repossession must be conducted without breach of the peace. Any failure to comply with these requirements, as was the case here, constitutes an unlawful repossession. 

3. **Unfair Practices : ** The 15 U.S. Code 1692f also mandates that A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. 
*I have video evidence of the repossession, and of your company 's theft of my vehicle that was secured by my security cameras. 
XXXX. The Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692, et seq., provides relief to consumers if a repossession company hired by a creditor or lessor does not follow the law. If the creditor violates these rules, they can lose some of the rights against the consumer, including but not limited to the right to collect on any deficiency on the loan. They may also be liable to pay monetary damages to the consumer. 
**Violation of Privacy Laws : ** XXXX. XXXX XXXX of XXXX XXXX : ** The XXXX XXXX ( XXXX ) prohibits financial institutions from sharing consumers ' personal information with third parties without proper consent. Moreover, under South Carolina XXXX XXXX XXXX XXXX XXXX, any unauthorized dissemination of my personal information, including my name, address, and phone number, constitutes a direct violation of state privacy laws. 

2. **Violations Pertaining to Identity Theft and Organized Crime : ** The unauthorized use or dissemination of my personal information can also be construed as identity theft, punishable under the Identity Theft and Assumption Deterrence Act. The penalty for identity theft includes up to 15 years ' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense. Additionally, any involvement in the unlawful repossession of my vehicle may fall under the purview of organized crime statutes, specifically the XXXX XXXX and XXXX Organizations XXXX ( XXXX ), which carries severe penalties including substantial fines and imprisonment. 
**Liability of Third-Party Repossession Companies : ** A third-party repossession company hired by the original creditor, deemed debt collectors, are governed by the FDCPA. According to 15 U.S.C. 1692a ( 6 ), repossession companies become subject to liability under the FDCPA if they attempt to repossess collateral without having a present right to repossess the collateral.