Consumer complaint received 2024-04-03
Product: Vehicle loan or lease — Lease
Issue: Managing the loan or lease — Billing problem
Company: AMERICAN HONDA FINANCE CORP (FL)

IMPORTANT TRUTH IN LENDING BILLING ERROR ; COLLECTION DISPUTE ; ADMINISTRATIVE NOTICE OF LIBEL ; NOTICE TO CEASE ACTIVITY ; 15 U.S. CODE XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, FL XXXX XXXX American Honda Finance Corporation XXXX XXXX XXXX. XXXX XXXX XXXXXXXX, California XXXX Account Numbers : XXXX XXXX XXXX To all and the singular, Greetings : XXXX XXXX XXXX ( the consumer ) make claim for libel injury damages resulting from libel actions committed by the Honda Financial Services ( the creditor ) as against the consumer and her rights. The creditor has performed a violation of the collection laws of the United States found at 15 U.S.C. 16921692p and XXXX, respectively. 
The consumer makes presentment of her findings in good faith. This dispute and its within claims are based on the consumers firsthand knowledge of the facts, review of records and other materials obtained during this investigation, including, without limitation security and prospectus reports, statutes, case law and other precedents, the Constitutions for both state and federal administrations, including information provided to me by other government personnel, and instructions and publications of the Department of the Treasury Internal Revenue Service and Federal Reserve Publications. 
Public perception is important because the creditor should be honest and fair in its contracts, debt collection practices, well trained, and always protect the consumer rights of the people. Additionally, the creditor should treat members of the public with respect. Public trust and confidence in this industry are critical to the functioning of our great republic. 
This communication is based on the consumer personal experience, study, reading and [ limited ] understanding of the Internal Revenue Code, its forms and publications, as amended, Title 12 and 15 of the United States Codes, and its Codified Federal Regulations, namely, F.R. 12 and 16 although the consumers understanding is limited as such consumer is not a Certified Public Accountant. 
This is a consumer enforcement fashioned as a counter claim by a private right of action ; and a notice to cease and desist collection ( s ) and similar activities. Account Numbers : XXXX, XXXX, XXXX were opened on or about XXXX, XXXX, XXXX with the forenamed creditor, using my personal and private information and credit card information ( 15 U.S. Code 1602 ( l ) ). The creditor led the consumer to believe that she would owe a debt, the first installment of which would be or was due and owing XXXX in the amount of {$150.00}, XXXX in the amount of {$420.00}, and XXXX in the amount of {$570.00}, monthly installments over the last 6 years. 
The consumer, in reliance of the Codes and Regulations, as a federally protected consumer and debtor, believes that she owes no duty of performance to the creditor. The creditor can not demand that a down payment be made ( 15 U.S. Code 1662 ) yet a down payment was demanded in the amount of {$3500.00} in XXXX and {$2000.00} in XXXX. Such a request and motive violate the law and request for the return of such ill got gains shall be returned to the consumer. 
The consumer, in reliance of the Codes and Regulations, as a federally protected consumer and debtor, believes that any statements then, now or in the morrow are simply billing errors presented by the creditor ( 12 C.F.R. 1026.13 ( a ) ).

Upon closing of the transaction, or the exchange of actual cash value given for actual cash value received in XXXX, XXXX, and XXXX, creditor failed to provide the General Disclosures ( 12 C.F.R. 1026.17 ) creating a breach of duty under the same. The consumer is asserting her consumer right ( s ) to acquire documentary evidence ( 15 U.S. Code 44 ) for the books of account as defined in IRS Publication 583, to explain and address such subject matter contained in said billing statements and the contract. The consumer is demanding to inspect and have access to both the journal and credits of the account, as well as the ledger and debits of the account, in order to verify the current accounting and taxes related to this account. The consumer will also be making acquisition and request to the FDIC to obtain a copy of the Call Report showing transfers and accounts.

The consumer will be filing an IRS From 8300 to show the acquisition of a Cash Transaction over XXXX ( XXXX ) XXXX Dollars. Accordingly, if there is a credit ( 15 U.S.C. 1666d ) of account balance with surplus over XXXX ( XXXX ) Dollar in accordance with the journal and ledger entries described in IRS Publication 583, the account balance should be credited and the remaining balance directed to the consumer by check. As this is a formal instruction ( 15 U.S. Code 1666 ( b ) ( 2 ) ) to provide documentary evidence, which includes books of account ( 15 U.S. Code 44 ) to resolve this billing error, the documentary evidence, which includes books of account, supra, must be provided to clarify this amount.

Creditor has agreed to forfeit all right, title, interest and benefit ( 15 U.S. Code 166 ( e ) ) to all collection attempts of the alleged debt. The creditor shall follow the following procedures ( 12 C.F.R. 1026.13 ( e ) ) : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer. The consumer hereby demand that all future coupons be sent to XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX, in the form of a check, from Honda Financial Services, to include all current and future payments. 
The consumer is invoking her consumer right to withhold all ( 12 C.F.R. 1026.13d ( 1 ) ) disputed amounts. The creditor is not permitted by law to collect any disputed amount. As a federally protected consumer, who does not need to pay, the creditor can not restrict, accelerate payment, or close an account, or make, or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by creditor will forfeit its rights to collect the disputed amount as described in 15 U.S Code 1666 ( e ) and hold the creditor liable under 15 U.S. Code 1693m for the actual damage, as well as held to criminal liability pursuant to 15 U.S. Code 1693n for failing to present required documentary evidence as requested to clarify and resolve the previously addressed billing error. 
The creditor shall not restrict, limit nor cause any disruption of any manner of the account in question pursuant, 12 C.F.R. 1026.13d ( 3 ). A creditor shall not accelerate any part of the consumer 's indebtedness or restrict, or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S. Code 1666 ( e ) for failure to comply with any of the requirements of this section.

Accordingly, 16 C.F.R. 433.3 does not exempt the creditor from any claims or defenses as described in 16 C.F.R. 433.2 ( a ). As the consumer has the right to invoke his/her rights as the debtor in this consumer credit contract against creditor for the unfair and deceptive trade practices stated herein as no contract after the date of XX/XX/XXXX, is exempt from 16 C.F.R. 433.3.

By the scientor and malign acts already performed against the consumer antecedent to this communication and ancillary to the signing of the instrument, has participated in tontine racketeering activity ( 18 U.S. Code XXXX ) by knowingly, intentionally, with forethought, and malice by sending the consumer dividends while making belief in the consumer that such dividends were invoices for services provided by the creditor, which has disrupted the consumers ability to report such income on her IRS Schedule B. 
The creditor has by such acts willful attempt to evade or defeat the assessment and payment of a tax. I purport that the creditor is in violation 18 U.S. Code 1341 by knowingly participating in the fraud through the US Mail and Federal Wire ( using email ) to send the consumer a copy of the alleged false obligation. 
At this time, the consumer is suspending her performance until this billing error on the consumer account is promptly remedied. Since the consumer is relying on the law, the consumer has the perfect defense to the element of willfulness and is judgment-proof. This is the consumers attempt under the protection of the laws stated herein and throughout to clear up any confusion in this matter before taking further legal actions. 
Failure to perform this adequate assurance of due process and to inform me that you have received this coupled Truth in Lending Billing Error and to respond within XXXX ( XXXX ) days of receipt that you have received this billing error and send all requested documentary evidence requested above before the end of the XXXX ( XXXX ) days that you have to respond pursuant to the Fair Credit Billing Act, will be deemed a dishonor of this good faith attempt, and a default judgment will be entered against you in a court of competent jurisdiction, or arbitration. 



Thank you for your cooperation. 


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