Consumer complaint received 2024-06-03
Product: Vehicle loan or lease — Loan
Issue: Repossession — Notice to repossess
Company: Bridgecrest Acceptance Corporation (TX)

XX/XX/XXXX MY SON AND I WENT IN TO XXXX AS FIRST TIME CAR BUYERS TO MAKE A CONSUMR CREDIT TRANSCTION AWARE OF OUR CONSUMER LAW RIGHTS. 

WE WERE NOT PRESENTED WITH NON-DISCLORE FORMS TO OPT-OUT TO CHECK OUR CREDIT NOR EXPLAINED TO US THAT WE COULD COMPARE PRICES. 

I'M PERMENTLY XXXX I HAD TO COME BACK THE NEXT DAY AND SIGN SOME PAPERS THE NEXT DAY MY SON HAD THE CAR IN HIS POSSESION BEFORE THE CONTRACT WAS COMPLETED. 

WE REQUESTED THE HANDWRITTEN SIGNATURES THEY COULD NOT SUPPLY THEM FOR AUTHENCATIN. 

I CALLED AND REQUESTED THOSE FORMS WE WERE DIRECTED TO BRIDGECREST. 

WE WERE AIDED INTO PURCHING UNFAIR CHARGES WE WASN'T GIVEN A NON-DESCLOSURE TO OPT-OUT THE GAP, EXTENED WARRANTY AND OTHER BOGUS FEES INCLUDING A DOWNPAYMENT. 

WE WERE NEVER CONTACTED PRIOR OF THE REPOSSESION FROM XXXX UNTIL THE DAY OF THE REPOSSESION WICH IN WRITTING WASN'T PRESENTED TO XXXX BEFORE. 

THEY PASSED OUR INFORMATION TO A THIRD PARTY WITHOUT OUR CONSENT WITHOUT CONTACTING US.

THE TRUTH AND LENDING ACT.

CONSTITUTION OF THE UNITED STATES, UCC and USC, FTC and CONSUMER LAW. 

I XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX, Texas the undersigned, make this Affidavit/Declaration of Truth of my own free will, and I hereby affirm, declare and swear, under my oath and under the pains and penalties of perjury under under the laws of the United States of America and XXXX this state, that I am of legal age and of sound mind and hereby attest that the statements, averments and information contained in this Affidavit/Declaration are true and correct to the best of my knowledge. 
This Affidavit/Declaration of Truth is lawful notification to you, and is hereby made and sent to pursuant to the national Constitution, specifically, the Bill of Rights, in particular, Amendments I, IV, V, VII, IX and X and The Bill of Rights of the Texas Constitution in particular; Article I - Legislative Powers, section 1 Article VII - Official Oaths, section 1, section 5 Article VII - Bill of Rights, where it states ; But no alteration of this constitution shall ever take place, so as to introduce slavery or INVOLUTARY servitude in this state. 
Section XXXX, where it states ; that all men born equally and free and independent, and have certain natural, inherent an unalienable rights ; amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursing and obtaining happiness and SAFETY ; and every free republican government, being founded on their sole authority, and organized for the GREAT PURPOSE OF PROTECTING THERE RIGHTS and LIBERTIES, securing their independence, to effect these ends, THEY HAVE COMPLETE POWER AT ALL TIMES TO ALTER, REFORM ABOLISH their government, whenever they may deem it necessary.

Also including, but not limited to, sections 3,5,6,7,8,9,16,18,19,25,26 and section 28, which states [ To guard against the transgression of the high powers, WHICH WE HAVE DELEGATED, REMAIN WITH THE PEOPLE, ] Schedule, section 1,3, and 4 And requires your written rebuttal to me in kind, specific to each and every point of the subject matter that herein, written within 14 days, via your own sworn and notarized Affidavit, using true fact, valid law and evidence to support your rebuttal of the specific subject matter stated in this Affidavit/Declaration of Truth. Your are hereby noticed that your failure to respond, as stipulated, and rebut with particularity, and specificity, anything with which you disagree in this Affidavit/Declaration of Truth is, your lawful legal, and binding tactic agreement with, and admission to the fact that everything in this Affidavit/Declaration of Truth is true, correct, legal, lawful, and fully binding upon you in any court in America, without your protest or objection and that of those who represent to you. U.S. V. Tweel, 550 F. 2d. 297. [ Silence can only be equated with fraud where there is a legal or moral duty to speak or where and inquiry left unanswered would be misleading. ] 18 U.S. Code 9 - Vessel of the United States defined The term [ vessel of the United States ], as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof.

( June 25, 1948, ch. 645, 62 Stat. 685. ) Truth in Lending Act 15 U.S.C. 1601-1667f, as amended This Act ( Title I of the Consumer Credit Protection Act ) authorizes the Commission to enforce compliance by most non-depository entities with a variety of statutory provisions. Among other requirements, the Act requires creditors who deal with consumers to make certain written disclosures concerning finance charges and related aspects of credit transactions ( including disclosing an annual percentage rate ) and comply with other mandates, and requires advertisements to include certain disclosures. The Act has been amended on numerous occasions, adding requirements for credit cards and open-end credit ; for mortgage credit such as ability to repay standards, loan origination, anti-steering, appraisal independence, and mortgage servicing ; and others. A number of laws amending and enforced under this Act are listed separately.

15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.

( b ) Terms of personal property leases The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements.

15 U.S. Code 1635 - Right of rescission as to certain transactions ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section.

( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court.

( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof.

( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the modification or waiver of any rights created under this section to the extent and under the circumstances set forth in those regulations.

( e ) Exempted transactions ; reapplication of provisions This section does not apply to ( 1 ) a residential mortgage transaction as defined in section 1602 ( w ) [ 1 ] of this title ; ( 2 ) a transaction which constitutes a refinancing or consolidation ( with no new advances ) of the principal balance then due and any accrued and unpaid finance charges of an existing extension of credit by the same creditor secured by an interest in the same property ; ( 3 ) a transaction in which an agency of a State is the creditor; or ( 4 ) advances under a preexisting open end credit plan if a security interest has already been retained or acquired and such advances are in accordance with a previously established credit limit for such plan.

( f ) Time limit for exercise of right An obligors right of rescission shall expire three years after the date of consummation of the transaction or upon the sale of the property, whichever occurs first, notwithstanding the fact that the information and forms required under this section or any other disclosures required under this part have not been delivered to the obligor, except that if ( 1 ) any agency empowered to enforce the provisions of this subchapter institutes a proceeding to enforce the provisions of this section within three years after the date of consummation of the transaction, ( 2 ) such agency finds a violation of this section, and ( 3 ) the obligors right to rescind is based in whole or in part on any matter involved in such proceeding, then the obligors right of rescission shall expire three years after the date of consummation of the transaction or upon the earlier sale of the property, or upon the expiration of one year following the conclusion of the proceeding, or any judicial review or period for judicial review thereof, whichever is later.

( g ) Additional relief In any action in which it is determined that a creditor has violated this section, in addition to rescission the court may award relief under section 1640 of this title for violations of this subchapter not relating to the right to rescind.

( h ) Limitation on rescission An obligor shall have no rescission rights arising solely from the form of written notice used by the creditor to inform the obligor of the rights of the obligor under this section, if the creditor provided the obligor the appropriate form of written notice published and adopted by the Bureau, or a comparable written notice of the rights of the obligor, that was properly completed by the creditor, and otherwise complied with all other requirements of this section regarding notice.

( i ) Rescission rights in foreclosure ( 1 ) In general Notwithstanding section 1649 of this title, and subject to the time period provided in subsection ( f ), in addition to any other right of rescission available under this section for a transaction, after the initiation of any judicial or nonjudicial foreclosure process on the primary dwelling of an obligor securing an extension of credit, the obligor shall have a right to rescind the transaction equivalent to other rescission rights provided by this section, if ( A ) a mortgage broker fee is not included in the finance charge in accordance with the laws and regulations in effect at the time the consumer credit transaction was consummated ; or ( B ) the form of notice of rescission for the transaction is not the appropriate form of written notice published and adopted by the Bureau or a comparable written notice, and otherwise complied with all the requirements of this section regarding notice.

( 2 ) Tolerance for disclosures Notwithstanding section 1605 ( f ) of this title, and subject to the time period provided in subsection ( f ), for the purposes of exercising any rescission rights after the initiation of any judicial or nonjudicial foreclosure process on the principal dwelling of the obligor securing an extension of credit, the disclosure of the finance charge and other disclosures affected by any finance charge shall be treated as being accurate for purposes of this section if the amount disclosed as the finance charge does not vary from the actual finance charge by more than {$35.00} or is greater than the amount required to be disclosed under this subchapter.

( 3 ) Right of recoupment under State law Nothing in this subsection affects a consumers right of rescission in recoupment under State law.

( 4 ) Applicability This subsection shall apply to all consumer credit transactions in existence or consummated on or after XX/XX/XXXX. 

Consumer Credit Transaction 15 USC 1679a : Definitions For purposes of this subchapter, the following definitions apply : ( 1 ) Consumer The term " consumer '' means an individual. 

( XXXX ) Consumer credit transaction The term " consumer credit transaction '' means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes. 
1. This Rescission notice is made Pursuant to 15 U.S. Code 1662 - Advertising of down payments and installments.

No advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state ( 1 ) that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payments or installments for that period and in that amount.

( 2 that a specified down payment is required in connection with any extension of consumer credit, unless the creditor usually and customarily arranges down payments in that amount.

( Pub. L. 90321, title I, 142, XX/XX/XXXX, 82 Stat. 158. ) 2. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information.

( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section XXXX of this title. 



( b ) Opt out ( XXXX ) In general A financial institution XXXX not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.

( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.

( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.

18 U.S. Code 8 - Obligation or other security of the United States defined.

The term [ obligation or other security of the United States ] includes all bonds, certificates of indebtedness, XXXX bank XXXX XXXX Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.

A list of some, but not all, of your malfeasance includes violations of the following of United States codes.

UCC 1-308. Performance or Acceptance Under Reservation of Rights.

18 15 U.S. Code 1601- Congressional findings and declaration of purpose.

U.S. Code 8 - Obligation or other security of the United States defined.

15 U.S.C. 1601-1667f, as amended Truth and Lending Act.

15 USC 1679a : Definitions Consumer Credit Transaction.

15 U.S. Code 1662 - Advertising of down payments and installments.

15 U.S. Code 6802 Notice requirements of information / Opt-out.

15 U.S. Code 1635 - Right of rescission as to certain transactions.

Section 2302.354 of the Texas Occupations Code.

43 TEX. ADMIN. CODE 221.112 ( 3 ), ( 18 ) TEX.OCC. CODE 2302.0015 43 TEX. ADMIN. CODE 221.43 ( b ), 221.51 ( e ), 221.71, 221.72, 221.73 and/or221.112 ( 4 ) or ( 5 ) TEX.OCC. CODE 2302.0015 43 TEX. ADMIN. CODE 221.43 ( b ), 221.51 ( e ), 221.71, 221.72, 221.73 and/or221.112 ( 4 ) or ( 5 ) 808. Fair Debt Collection Practices Act.

809. Validation of debts Fair Debt Collection Practices Act.

Section 808 of the Fair Debt Collection Practices Act