Consumer complaint received 2023-01-23
Product: Vehicle loan or lease — Loan
Issue: Struggling to pay your loan — Lender trying to repossess or disable the vehicle
Company: Exeter Finance, LLC. (IL)

AFFIDAVIT OF RESPONSE FOR CEASE-AND-DESIST CONSUMER ENFORCEMENT AS ADMINISTRATIVE COUNTER-CLAIM BY PRIVATE RIGHT OF ACTION ____________________________________________________________________________________ I, XXXX XXXX ( hereinafter affiant XXXX XXXX being a man in possession of a federally protected consumer XXXX XXXX XXXX, debtor, and holder in due course pursuant UCC 3-306, am writing the man XXXX from the XXXX Household being that senior trustee doing business as EXETER FINANCE in response to EXETER FINANCEs repossession of my private, claimed XXXX XXXX XXXX XXXX property in the State of Illinois. Under the laws of the State of Illinois XXXX and XXXX statutes, a deficiency can not be claimed unless all of the required notices were properly and timely given and all of the allowable redemption and cure time limits were adhered to. 
Please provide copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject vehicle.If no such proof is provided within 14 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA. 
Additionally, if you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes and UCC remedies. 
In addition, I do require EXETER FINANCE to either affirm or deny the following, in writing under the pains and penalties of perjury as I do believe that I am qualified for a grand recoupment due to an extreme Breach of Trust regarding EXETER FINANCE. 
Statement of Facts Fact, EXETER FINANCE, is a for-profit company whose headquarters is located in the area of XXXX, Texas, XXXX, XXXX XXXX XXXX. 
Fact, the account in question was opened on XX/XX/XXXX, with, EXETER FINANCE using my personal identification as relayed on my SOCIAL SECURITY CARD i.e. credit cardinformation as defined by Congress in 15 U.S.C. 1602 ( l ). 
Fact, ACCOUNT NUMBER XXXX pursuant to 12 CFR 1002.2 ( a ) means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. 
Fact, since opening the account in question in on XX/XX/XXXX, I have paid a monthly bill to EXETER FINANCE, online, using my personal debit card information. 
Fact, I, the affiant, have received several statements including the subject matter of an attempt to collect an alleged debt for Account number : XXXX. 
Fact, I, the affiant, have reason to believe and do so believe, as a federally protected consumer owe no such alleged debt ( XXXX ). 
Fact, I, the affiant, have reason to believe and do so believe that all past, present, and future billing statements received by EXETER FINANCE are billing errors under 12 CFR 1026.13 ( a ), beginning with the date the account was opened on XX/XX/XXXX. 
Fact, I, the affiant, have reason to believe and do so believe that all past, present, and future billing statements received by EXETER FINANCE are billing errors under 12 CFR 1026.13 ( a ), beginning with the date the account was opened on XX/XX/XXXX. 
Fact, I, the affiant, am aware that EXETER FINANCE, failed to provide me with the General Disclosures which are requirements pursuant 12 CFR 1026.17 and is a violation of said section. 
Fact, I, the affiant, am asserting my right to acquire documentary evidence in accordance with 15 U.S.C. 44 for the books of account as defined in IRS Publication 583, to explain and address such subject matter contained in said billing statements. I'd like to access 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. 
Fact, in accordance with 15 U.S.C. 1666d, if there is a credit of account balance with surplus over 1 dollar in accordance with the journal and ledger entries described in IRS Publication 583, the amount balance should be credited and the remaining balance directed to I, the consumer by check. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount.

Fact, I, the affiant, am aware, with resolving this billing error, the creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S. Code 1666 ( e ).

Fact, EXETER FINANCE shall follow the following procedures as defined pursuant 12 CFR 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. I hereby demand that all future coupons be sent to my place of abode, as listed on the account in question, in the form of a check, from XX/XX/XXXX current, and future payments. 
Fact, I, the affiant, hereby invoke my right as a consumer to withhold all past, present, and future disputed amounts pursuant 12 CFR 1026.13d ( 1 ).

Fact, I, the affiant am aware, that, EXETER FINANCE as the creditor may not 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 and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by EXETER FINANCE 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 EXETER FINANCE for the actual damage caused to I, the affiant, 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.

Fact, I, the affiant am aware, EXETER FINANCE, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant to 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumers 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.C. 1666 ( e ) for failure to comply with any of the requirements of this section, Fact, I, the affiant am aware, that, in accordance with 16 C.F.R. 433.3 EXETER FINANCE is not exempt from any claims or defenses as described in 16 C.F.R. 433.2 ( a ) as the affiant, may invoke his rights as the debtor in this consumer credit contract against EXETER FINANCE for the unfair and deceptive practices herein as no contract after the date of XX/XX/XXXX, is exempt from 16 C.F.R. 433.3.

Fact, I, the affiant, have reason to believe and do so believe, EXETER FINANCE which is a private for profit corporation, regardless of your location, has participated in racketeering activity as defined in Title 18 U.S. Code 1961, by knowingly, intentionally, with forethought and malice have been sending dividends but, in fact, making me believe that dividend was an invoice for services provided by the utilities companies, which is embezzlement, theft by deception and extortion.

Fact, I the affiant, have reason to believe and do so believe, EXETER FINANCE is in violation of 18 U.S. Code 1341 by knowingly participating in the fraud through the US Mail.

Fact, I, the affiant do hereby request that, EXETER FINANCE show integrity my producing the scheduling balance sheet RC-C showing loans and lease financing receivables or assets and RC-L Call Reports evidencing Securitization of the Purchase Installment Agreement as an Off Balance Sheet Item under the TRANSFER AND SERVICING AGREEMENT and the accounting ledger for the above alleged Automobile Loan transaction, to show that EXETER XXXX is in XXXX XXXX XXXX [ XXXX XXXX XXXX XXXX ] No. XXXX XXXX of XXXX XXXX and credited my payment as a cash deposit and receipt as the Payor when the entry was made under 1813 ( l ) ( 1 ) 1 of title 12. In addition, I require that I and an disinterested third party inspect the 1099A as an acquisition and 1099OID as an Original Issue Discount and the U.S. Informational Tax Return form 1096 showing the Capital Transfer Tax withheld and paid out as a taxable termination by the Trustee of the TRANSFER AND SERVICING AGREEMENT under 2511, 2603 ( 2 ), 2611 ( a ) of title 26 of the Internal Revenue Code. Otherwise EXETER FINANCE is now in possession of contraband upon which a lien has attached under 6324 ( C ( ( 2 ) of title 26 of the Internal Revenue Code until the Capital Transfer Tax is paid in full.

Fact, without an affidavit response with a rebuttal, point for point, then I am conditionally accepting your non-reasonable response, as frivolous, and I will file fault judgment in the favor of the interest of I the consumer, holder in due course, attorney, and administrator in fact.

Fact, I, the affiant am aware, an unrebutted affidavit stands as truth in commerce.

Fact, I, the affiant, am invoking my rights pursuant to 15 U.S. Code 1692c ( c ), I demand you to cease any communications and collection activity of this alleged debt until you can provide me with the requested information in this affidavit herein. 
In addition XXXX XXXX, I request a copy of the RC-S CALL REPORTS showing EXETER FINANCEs assets or receivables that have sold or securitized for the first and last quarters of the loan period. Schedule RC-S should be completed on a fully consolidated basis. Schedule RC-S includes information on assets that have been securitized or sold and are not reportable on the balance sheet of the Report of Condition, except for certain on-balance-sheet retained interest-only strips ( which are reported in item 2.a of this schedule ), subordinated securities and other enhancements ( which are reported in items 2.b and 9 and Memorandum items 3.a. ( 1 ) and ( 2 ) ), and sellers interests ( which are reported in items 6.a and 6.b ). XXXX, you have fifteen ( 15 ) days from the date of delivery to respond to this notice. Should there be dishonor in the aforementioned requested documentation by way of unrebutted affidavit, failure to disclose requested documents or failure of response, and the particular requests to rectify any fault by EXETER FINANCE herein, will serve as acquiescence and your agreement to a default judgment against your company for the dishonor in the negotiable instrument, bank fraud, creation of the false and deceptive form, mishandling of goods, compromising my relationship with other financial institutions and including stress caused to me in the attempt of exercising my rights in good faith. However, XXXX XXXX I do in good faith expect you to handle these matters with ordinary care to address all subject matter.