Consumer complaint received 2024-05-26
Product: Vehicle loan or lease — Loan
Issue: Repossession — Account reinstatement or redemption after repossession
Company: Exeter Finance, LLC. (IL)

XXXX XXXX, as parent Company, XXXX XXXX XXXX XXXX XXXX, ( Issuing Entity with respect to Securities ), ( XXXX XXXX Key Number : XXXX ) XXXX XXXX XXXX XXXX XXXX Sponsor with respect to commission file number : XXXX ) ( XXXX XXXX Index Number : XXXX ), XXXX XXXX XXXX XXXX XXXX Depositor with respect to Securities ) ( Central Key Index Number : XXXX ), XXXX XXXX XXXX XXXX XXXX XXXX as XXXXwner trustee, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as indenture trustee Title of each class : Common stock Trading symbol : XXXX XXXX : XXXX XXXX file number : XXXX Exeter Automobile Receivables XXXX XXXX ( Exact name of Issuing Entity as specified in its charter ) Central Index Key Number of issuing entity : XXXX XXXX, XXXX ( Exact name of Depositor / Registrant as specified in its charter ) Central Index Key Number of depositor and registrant : XXXX Exeter Finance LLC ( Exact name of Sponsor as specified in its charter ) Central Index Key Number of sponsor : XXXX commission file number XXXX, Trading symbol : XXXX, XXXX XXXX XXXX  as owner trustee, XXXX XXXX XXXX as indenture trustee On XX/XX/XXXX I went into a consumer credit contract with XXXX XXXX XXXX & they assigned Exeter Finance LLC as the servicer they are in violation of I. 16 CFR 433.2 as defined in the Federal Trade Commission Act the holder in due course rule is to ensure that consumer credit contracts used in financing retail purchase of consumer goods or services specifically preserve the consumers rights against the seller. 
XXXX. XXXX2 CFR 1026.6 which is in violation of 15 USC 1638 ( a ) ( 2 ) ( a ), Regulation Z Truth in Lending Act under Full disclosure of my rights. 
XXXX. 12 CFR 360.6 ( 2 ) ) which is in violation of section 15G of Securities Exchange Act 15 USC 78a added by Section 941 ( b ) of the Dodd-Frank Wall Street Reform and Consumer Protection Act Transparency regarding the process of the consumer credit application being the financial asset as well as self-liquidating paper ( 17 CFR 260.11B ( 6 ) IV. 12 CFR 222.72 which in violation of Section 1100F of the Dodd-Frank Act amended the FCRA.

V. 12 CFR 1680 which is in violation of 15 USC 1630 & is civilly liable to me under 15 USC 1640 and Im seeking out my relief under 15 USC 1640. 

I. In addition, I was given false and deceptive information, as I was informed that a down payment of {$4200.00} & full coverage insurance was needed for me to drive off the lot. Notice that Pursuant to 15 U.S. Code 1635 : Within 10 ( ten ) days after receipt of a notice of rescission, the creditor shall return to the obligator any money or property given as earnest money, down payment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under 17 CFR 260.11b ( XXXX ) ). 
I have reason to believe that XXXX, willingly and knowingly took advantage of me and the consumer credit transaction. Pursuant to 15 U.S. CODE 1605 ( a ) : the amount of a finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges. 

On XX/XX/XXXX I sent Exeter finance LLC their contract back to them revoking anyone all proceeds in the title, security interest, right to repossess, maintenance & servicing, insurance and any other proceeds stamped using 31 CFR 328.5 as explained in 31 CFR 328.6 signed & notarized to be set off. On XX/XX/XXXX Exeter Finance LLC came to my private domain and repossessed my car without notice as Bonafide purchaser who went into XXXX Dealership with clean hand and in good faith for value to get a car for family household and personal to et from point a to point b making me put down cash with a customer credit application when on the contract it say that by signing this contract you choose to buy the vehicle on credit & this contract is the sum of all charges. It also says that I am selling this contract to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 

A contract is between a Seller & Creditor which means this contract is between XXXX XXXX XXXX XXXX XXXX Exeter Finance LLC my car was suppose to come free of any lien but the dealership doesn't tell you that according to SECTION 4.1 Protection of Title of Transferee in Exeter Finance LLC in their Contribution Agreement : Filed in ( a ) At or prior to the Closing Date, Transferor shall have filed or caused to be filed a UCC-1 financing statement, naming Transferor as seller or debtor, naming Transferee as purchaser or secured party and describing the Conveyed Assets being sold by it to Transferee as collateral, with the office of the Secretary of State of the State of Delaware and in such other locations as Transferee shall have required. From time to time thereafter, Transferor shall execute and file such financing statements and cause to be executed and filed such continuation statements, all in such manner and in such places as may be required by law fully to preserve, maintain and protect the interest of Transferee under this Agreement and of the Indenture Trustee under the Indenture in the Conveyed Assets and in the proceeds thereof. Transferor shall deliver ( or cause to be delivered ) to Transferee and the Indenture Trustee file-stamped copies of, or filing receipts for, any document filed as provided above, as soon as available following such filing. In the event that Transferor fails to perform its obligations under this subsection, Transferee or the Indenture Trustee may do so, at the expense of the Transferor. In furtherance of the foregoing, the Transferor hereby authorizes the Transferee or the Indenture Trustee to file a record or records ( as defined in the applicable UCC ), including, without limitation, financing statements, in all jurisdictions and with all filing offices as the Transferee may determine, in its sole discretion, are necessary or advisable to perfect the security interest granted to the Transferee pursuant to Section 5.9 of this Agreement. Such financing statements may describe the collateral in the same manner as described herein or may contain an indication or description of collateral that describes such property in any other manner as such party may determine, in its sole discretion, is necessary, advisable or prudent to ensure the perfection of the security interest in the collateral granted to the Transferee herein. The Indenture Trustee shall not be obligated to file any such records ( including, without limitation, financing statements ) except upon written instruction from the Transferor or the Transferee. 

( b ) Transferor shall not change its name, identity, state of formation or corporate structure in any manner that would, could or might make any financing statement or continuation statement filed by Transferor ( or by Transferee or the Indenture Trustee on behalf of Transferor ) in accordance with paragraph ( a ) above seriously misleading within the meaning of 9-506 of the applicable UCC, unless they shall have given Transferee and the Indenture Trustee at least 60 days prior written notice thereof, and shall promptly file appropriate amendments to all previously filed financing statements and continuation statements. 

XXXX ( c ) Transferor shall give Transferee and the Indenture Trustee at least 60 days prior written notice of any relocation that would result in a change of the location of the debtor within the meaning of Section 9-307 of the applicable UCC. Transferor shall at all times maintain its principal executive office within the United States of America. 

SECTION 4.2 Other Liens or Interests. Except for the conveyances hereunder and the pledge pursuant to the Indenture, Transferor will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on the Conveyed Assets or any interest therein, and Transferor shall defend the right, title, and interest of Transferee in and to the Conveyed Assets against all claims of third parties claiming through or under Transferor. 

SECTION 4.3 Costs and Expenses. Transferor shall pay all reasonable costs and disbursements in connection with the performance of its obligations hereunder and under its Related Documents. 

Which stated the car already had a lien on it from the start because you sold it to the Secretary of State first this is why you give us the false deception that we have to register our cars when that is optional the car was not the collateral the title was the collateral for XXXX to receive the cash for my instrument once signed by a consumer. These corporations are committing organized crime, insider trading & questioning their fudiciary duties. I have made the FTC aware of these crimes & hope that you take immediate reaction in resolving your mistake, and that hopefully a resolution can be achieved without the need to further legal action. This situation has left me & my family vulnerable not able to make it back & fourth to work so I lost my job, missed doctors appointments, emotionally and physically stressed.