Consumer complaint received 2024-04-08
Product: Vehicle loan or lease — Loan
Issue: Repossession — Company explaining amount owed
Company: World Omni Financial Corp. (GA)

I XXXX as XXXX number holder for XXXX XXXX, XXXX XXXX the account in question, I am writing to address the debt collection activities being pursued by World Omni Finacial Corp dba Southeast Toyota I request clarification on the following. 

A negotiable instrument was sent registered mail on XX/XX/XXXX to the office of structured finance at XXXX XXXX XXXX XXXX, XXXX XXXX, Florida XXXX. 
In responding to this complaint let me know not only did XXXXld Omni Finacial Corp dba Southeast Toyota get my negotable instrument they also got my rescission letter to revoke any and all of my security interest within the contract that I may have given them knowing and unknowingly and the right to reposes. 
I never received a response from World Omni Financial dba Southeast Toyota as they stated until I filed this complaint which is a total disregard to me as a consumer and breach of contract. 
A failure to arbitrate or notify me is also a breach of contract and their fiduciary duty to the obligor. 
XXXX XXXX Failure to Arbitrate under agreement. 
I have looked over my contract I also stated that I had found numerous federal law violations taken where a finance charge was involved as well as Security and XXXX XXXX. Furthermore I entered into this contract with a financial asset which paid for the car. XXXX XXXX have willfully uninformed me of the disclosures. 
XXXX. Full XXXX of my rights to rescind. 
XXXX. Failed to let me know the contract was a financial asset. 
XXXX. Misrepresentation of the finance charge. 

Under Truth In Lending ( TILA ) it is illegal for a car dealership to take Federal Reserve Notes ( cash ) where a finance charge is in existence. The amount finance charge was what the XXXX XXXX gave me to spend. Inadequate XXXX is XXXX of the main purposes for XXXX which is a federal law designed to protect consumers in their dealings with lenders and creditors. Incorrect Annual Percentage Rate calculations required lenders to disclose the XXXX of a loan this should not only include the interest rate but also other cost and fees associated with the loan. 
I ask that XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Provide me with a breakdown of fees including how they calculated what they claim I owe. 
XXXX. Provide a copy of my signature on a contract or document that holds me responsible for this alleged debt. 
XXXX. Send me proof that the XXXX XXXX XXXX XXXX XXXX XXXX has the legal authority to enforce debt obligations of the United States on my behalf, as outlined in Title XXXX XXXX XXXX section XXXX regarding obligation or other security of the United States laws. Section XXXX XXXX of law XXXX. Provide me proof that you are licensed to collect debt in the state of Georgia. XXXX XXXX means XXXX XXXX XXXX XXXX, a Florida XXXX. 
XXXX. Send this information to my address listed XXXX XXXX XXXX XXXX, Georgia XXXX accept this letter as a formal debt validation request, which I am allowed under XXXX According to the Trust Agreement between World XXXX XXXX XXXX XXXX XXXX as Depositor, and XXXX XXXX XXXX XXXX XXXX XXXX Owner Trustee dated XX/XX/XXXX and the Indentured XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX as Account Bank XXXX XXXX XXXX XXXX Trust Indenture Act of XXXX Article XXXX the trust certificates, XXXX Registration of Transfer and exchange of trust certificates. XXXX Mutilated, Destroyed, Lost or stolen Trust Certificates XXXX Persons deemed Owners would be Me the creator which makes me the Bona-fide Purchaser. Section XXXX is Actions by Owner Trustee which is the trustee duty to me as an owner. Article XXXX Application of XXXX Funds ; Certain Duties; including methods of payments XXXX XXXX and reports to the certificate holders, the XXXX XXXX XXXX and others. The XXXX form and the XXXX form was supposed to be sent to me the obligor, beneficiary of the note per my wet signature and line of credit. I never reciprocated either but I sent them to the company according to their response. In waiting for my IRS audit I believe that XXXX XXXX is filing XXXX on my behalf According to this Indenture agreement and me being the obligor of the security in question. This Indenture, as dated XX/XX/XXXX ( this " Indenture '' is among WORLD XXXX XXXX XXXX XXXX XXXX XXXX, a Delaware statutory XXXX ( " the Issuing Entity '' ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX national banking XXXX XXXX XXXX Indenture Trustee XXXX XXXX " Indenture Trustee '' ), and XXXX XXXX XXXX XXXX XXXX XXXX national banking XXXX XXXX XXXX account bank XXXX XXXX Account Bank XXXX XXXX. 
Each party agrees as follows for the benefit of the other party and for the equal and ratable benefit of the HOLDERS of the Issuing Entity 's Class XXXX 5.217 % assest-backed notes, XXXX XXXX ( the " Class XXXX Notes '' ), XXXX 5.47 % asset-backed notes, XXXX XXXX ( the Class XXXX Notes '' ), Class XXXX Floating Rate Asset-backed, XXXX XXXX ( the " Class XXXX notes '' and together with the Class XXXX Notes '' ), Class XXXX 5.07 % Assest-backed Notes, XXXX XXXX ( the " Class XXXX Notes '' ), Class XXXX 5.04 % Assest-backed Notes, XXXX XXXX ( the " Class XXXX Notes '' and together with the class XXXX Notes the Class XXXX Notes and the Class XXXX Notes, the Class A notes '' ), and the Class B 5.28 % assest backed Notes, XXXX XXXX ( the " XXXX XXXX Notes '' and together with the Class A Notes, the Notes '' ) : Granting Clause according to the companies XXXX prospectous The issuing Entity, to secure the payment of principal of and interest on, and any other amounts owing in respect of, the Notes XXXX and ratably without prejudice, priority or distinction except as set forth herein, and to secure compliance with the provisions of this Indenture, hereby grants in trust to the Indenture Trustee on the closing date, as trustee for benefit of the NOTEHOLDERS, all of such person 's right, title and interest, whether now owned or hereafter aquired, in and to ( i ) the Trust Estate and ( ii ) all present and future claims, demands, causes and choses in action in respect of any or XXXX XXXX the forgoing and all payments on or under and all proceeds of every kind and nature whatsoever in respect of any or all forgoing, including all proceeds of the conversion, voluntary or involuntary, into cash or other liquid property, all cash proceeds, accounts, accounts receivable, notes, drafts, and acceptances, XXXX XXXX, checks, deposit accounts, insurance proceeds, condemnation awards, rights to payment of any and every kind and other forms of obligations and Receivables, instruments, securities, financial assests and other property that at any time constitute all or part of or are included in the proceeds of any of the forgoing ( collectively the " Collateral '' ), in each case as such terms are defined herein. 
The foregoing XXXX is made in trust to secure the payment of the principal of and interest on, and any other amounts owing in respect of, the XXXX equally and fatally without prejudice, priority or distinction, and to secure compliance with the provisions of this Indenture, all as provided in this Indenture. 
The Indenture Trustee, as Trustee on behalf of the Noteholders, acknowledges the foregoing XXXX, accepts the trusts under this Indenture and agrees to perform its duties required in this Indenture in accordance with the provisions of this Indenture. 

A thorough investigation would have noted that XXXX XXXX XXXX XXXX XXXX XXXX, and The XXXX XXXX XXXX XXXX XXXX is where the XXXX is perfected in Delaware and it is on the Title of the car not the actual collateral when it is for personal, homes and goods. I request clarification on the legal and XXXX possession of the Notes and Agreements I signed with the aforementioned entities. I assert that the holder in due course must demonstrate authority to enforce the original agreement, and if the note and agreement are separated trust must be established. I declare myself as the original grantor and place my standing as benefactor. I would like to affirm that I am not avoiding any obligations and I would appreciate your organization prompt response to this inquiry or cease and desist from debt collection and XXXX out the account by merging any other memorandum accounts to settle the account.