Consumer complaint received 2023-12-30
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Problem with additional products or services purchased with the loan
Company: Volvo Car Financial Services U.S., LLC (TX)

On [ Date ], I entered into a purchase agreement with dba Volvo Car Financial Services XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX for the acquisition of a vehicle, as detailed in the attached document labeled " Purchase Agreement '' ( Exhibit A ). 

It has come to my attention subsequent to the purchase that the loan purportedly provided by [ Lender 's Name ] was, in fact, not funded by the said lender but rather was usurped without my knowledge or consent. This fact was intentionally concealed from me. 

I am invoking the special arbitration proceedings detailed within the Annex of the agreement. Article 40 of this Annex outlines the applicability of certain sections, particularly noting that relevant sections apply to the Chamber unless they are incompatible. The Chamber 's functions concerning advisory opinions are guided by the provisions of this Annex regarding Tribunal procedures, to the extent they are recognized as applicable. 
MY dispute involves allegations of fraud, misrepresentation, or questionable financial practices by a lender or financial institution, it could potentially trigger inquiries or investigations under relevant financial regulations. However, the specific regulation you mentioned, 31 CFR 328.5, focuses primarily on the obligations of financial institutions to implement AML programs and might not directly cover the nuances of a consumer dispute over a loan. 
Actus Reus - Misrepresentation of Material Facts in Securitizations : Asset Selection and Offering Prospectus : Allegations include the intentional selection of assets for transfer to the Special Purpose Vehicle ( SPV ) with misrepresented terms in the Offering Prospectus. This misrepresentation involves the level of objectivity and fairness of the sponsor/servicer. There's an assertion of deliberate misleading or misstating of facts regarding the chosen assets and their representation in the Offering Prospectus, creating a false perception of the sponsor/servicer 's fairness and objectivity. 
Mens Rea ( Willfulness ) - Conflict of Interest and Economic Incentives : Dual Role Conflict : The sponsor/servicer 's dual role constitutes a conflict of interest, with the sponsor having substantial incentives to prioritize profit over fairness. This includes potential delays in collateral substitution and impairment recognition. The allegations point to clear economic, psychological, and legal motives to maximize profits, leading to actions detrimental to the role of servicer and investor interests. 
Tax Evasion and Internal Revenue Code : Section 7201 of the IRC : This section outlines the criteria for proving tax evasion, requiring prosecutors to establish beyond a reasonable doubt both the affirmative act of evading taxes and the willful intent to do so. It's a serious allegation indicating deliberate, deceptive actions to evade tax obligations. 
Usury, Pooling and Servicing Agreements ( PSAs ), Trust Agreements, Sale and Assignment Contracts, Credit Enhancement Contracts : Financial Agreement Definitions : These references encompass the definitions and structures of various financial agreements involved in securitization processes. They detail how assets are pooled, serviced, transferred, and enhanced, along with the associated rights and responsibilities of the involved parties. 
Alleged Unlawful Actions : Usurpation of Signature and Unlawful Trust Creation : Claims of unauthorized use of a signature on loan agreements, leading to the creation of a trust without consent. The bank allegedly assumed control without proper authorization, misusing the individual 's identity. 
Manipulation of Financial Records : Suspicions regarding the manipulation of financial records, potentially involving double book entries to misrepresent financial transactions. 
Non-Disclosure and Misrepresentation : Accusations of the bank failing to disclose essential terms and information during the loan process, constituting fraud through non-disclosure. 
Duress and Negotiable Instruments : Allegations of payments made under duress with negotiable instruments, indicating coercion or force in resolving the debt without full disclosure.