Consumer complaint received 2024-05-10
Product: Payday loan, title loan, personal loan, or advance loan — Title loan
Issue: Vehicle was repossessed or sold the vehicle — 
Company: CCF Intermediate Holdings LLC (GA)

Dear TitleMax, thank you for your response to CFPB complaint XXXX XXXXXXXX, you stated that " As a courtesy, we have mailed a copy of the Complainants loan agreement and loan history to the address provided in the complaint. '' Unfortunately, I have yet to receive any documents. I have been trying to work with the XXXX XXXX XXXX to pay and redeem the vehicle, but as I read back over your response, you confirm that the contract is subject to the requirements of the Truth in Lending Act. This act requires certain disclosures be provided to the consumer. As I stated before the Titlemax website, whether on a desktop computer or on the phone through website, has never allowed me to download my documents not one time. You also stated that " Further, the documents signed by the Complainant included Non-Recourse : This Pawn is non-recourse to you. You shall have no obligation to redeem the Vehicle or make any payment on the Pawn. Nothing in this agreement gives us any recourse against you personally other than our right to take possession of the Vehicle upon your default, and to sell or otherwise dispose of the Vehicle in accordance with Georgia law. If I have no obligation to redeem the Vehicle or make payments on the Pawn, then why are you having the Vehicle withheld from me? What you stated means I am not legally compelled or required, but that does not mean I do not want or need my vehicle. You stated you have the right to take possession of the Vehicle upon my default and to sell or otherwise dispose of the vehicle in accordance with Georgia Law. Georgia Law also provides for rescission if I chose to exercise that right, pursuant to GA Code 13-4-62 ( 2020 ) : A party may rescind a contract without the consent of the opposite party on the ground of nonperformance by that party but only when both parties can be restored to the condition in which they were before the contract was made. You also stated that " At the time of pawn transaction origination, the Complainant signed a Pawn Transaction Disclosure Statement and Security Agreement that clearly disclosed the annual percentage rate, finance charge, amount financed, total of payments and the payment schedule in accordance with the Federal Truth in Lending Act and Regulation Z. How was this properly disclosed if I never received proper disclosure before signing or received any documents after? You stated, " By signing the agreement, the Complainant acknowledged their understanding of the terms and conditions of the pawn transaction. '' Unfortunately, this statement is false, I was not made aware the true nature of the relation, that you made a promise to provide me an APR amount of the {$1900.00}. I did make a promise to pay but not under a contract full of violations and lack of full disclosure. You never provided me any annual percentage rate. For the record, The Truth in Lending Act Regulates Consumer Credit Transactions. We can go further into the definition of a Consumer Credit Transaction if you would more clarity on what that really means. Your actions within this consumer credit transaction ( Consumer Credit Contract ) can be considered non performance. The Truth in Lending Act also requires you provide disclosures about my right to rescission, which were never provided. You stated you had the right to repossess my property but according to 15 U.S. Code 1692f - Unfair practices ( 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 did business with TitleMax, not any third party agency including but not limited to 5 star towing business. Our transactions were between us and it is for you illegal to share my information with somebody else. That can be considered identity theft pursuant to 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( b ) Opt out ( 1 ) In general a financial institution may 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. You did not clearly and conspicuously disclose to me in writing that you were going to give my information anybody else and that is violation. You stated you tried to call me numerous times, but I have my call log and I have NO calls from TitleMax and received no repossession or any other written notices that are required by Georgia law. Attempting to call me does not substitute what Georgia Law states. Georgia law requires that the lienholder send you notice within 10 days of the repossession, via registered or certified mail or statutory overnight delivery. The notice should inform you of your rights to redeem your vehicle and to demand a public sale of the vehicle. You have not only violated me on a federal level but also on a state level. I have been suffering since you wrongfully repossessed my property, due to your negligence, I need my vehicle to be able to get to work, school, legal and medical appointments. You were required to do certain things according to federal law and united states codes and can be held civilly liable pursuant to 15 U.S. Code 1640 - Civil liability. I can also recover damages pursuant to Georgia Law, this includes double the amount of any finance charge. Since you are attempting to collect an alleged debt, pursuant to 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}. For the record, I have attached screenshots of the me trying to access my documents via desktop and phone, I never been able to and still not able to access my documents and have expressed this and requested them multiple times. If you are going to use an online function it would be nice of you could make sure it is fully functional for Consumers. I would hate to think this is intentional and a deceptive practice for me not to be able to receive the agreement you are me holding me obligated, even awhile previously stating stating that I am not obligated. With your response to this complaint may you please provide the requested the documents for my visual inspection, I have not received any mail correspondence to any mailing address provided with my previous complaint nor on record with you or the United States Postal Service.