Consumer complaint received 2024-09-23 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: Exeter Finance, LLC.
State: TN

Complaint narrative:
**Subject : Complaint Against Exeter Finance LLC for Unlawful Collection Practices, Extortion, Racketeering, and Violations of Federal Consumer Rights** To Whom It May Concern : I, XXXX XXXX, am filing this formal complaint against Exeter Finance LLC for severe violations of federal consumer protection laws, including the Fair Debt Collection Practices Act ( FDCPA ), Truth in Lending Act ( TILA ), Racketeer Influenced and Corrupt Organizations Act ( RICO ), and other applicable statutes. Despite my lawful rescission of the underlying agreement and formal billing error dispute, Exeter Finance continues to extort me for payments I am not legally obligated to make. 

Additionally, XXXX XXXX XXXX who is my **Power of Attorney ( POA ) **, has taken further legal action by placing a **UCC-1 lien** on Exeter Finance LLC . This legal filing serves as a secured interest against Exeter Finance for their ongoing unlawful actions and their refusal to honor my legal rights as a consumer. Despite being notified of this lien, Exeter Finance persists in their efforts to harass and extort me, operating in blatant violation of multiple federal laws. 

# # # Factual Background : I lawfully executed a **Rescission of Signature** under my rights granted by the **Truth in Lending Act ( 15 U.S. Code 1635 ) **, effectively nullifying any agreement with Exeter Finance LLC . This rescission was properly communicated within the permissible time frame and should have terminated my obligations to the account. Additionally, I placed the account under **billing error status**, in accordance with **15 U.S. Code 1666** ( Fair Credit Billing Act ), due to erroneous charges and unauthorized terms. 

I previously filed a formal dispute against Exeter Finance LLC under **file # XXXX on XXXX XXXX, clearly outlining my concerns and legal position. Exeter XXXX, however, has refused to acknowledge or act upon my legitimate complaint. This deliberate refusal to address my dispute is further evidence of their unlawful conduct and their continued violation of federal consumer protection laws. 

To ensure proper handling of this issue, I appointed XXXX XXXX as my **Power of Attorney** to act on my behalf in this case. Despite being notified of this legal appointment, Exeter Finance has ignored the authority of my legal representative and continued to contact me directly. In response to Exeter Finances continued unlawful conduct, my POA, XXXX XXXX, has placed a **UCC-1 lien** on Exeter Finance LLC, formalizing a secured interest due to their refusal to honor my legal rights and cease their harassment.

In addition, I issued a **Cease and Desist** letter under **15 U.S. Code 1692c** ( FDCPA ), yet Exeter Finance persists in violating my rights by unlawfully contacting me in an effort to enforce a rescinded contract. Their disregard for the UCC-1 lien, my POA, my previous dispute, and my cease-and-desist notice clearly demonstrates an intent to harass, extort, and operate outside the bounds of the law. 

# # # Legal Violations : 1. **Truth in Lending Act ( TILA ) Violations** : Under **15 U.S. Code 1635**, my rescission nullified Exeter Finances claim to enforce the contract. They were obligated to halt all collection efforts and return any payments made, yet they have blatantly disregarded these legal obligations. Their ongoing attempts to enforce payments after receiving my rescission notice are unlawful and in direct violation of TILA.

2. **Fair Credit Billing Act ( FCBA ) Violations** : Under **15 U.S. Code 1666**, Exeter Finance is required to investigate and resolve billing errors in good faith. Instead, they have disregarded my dispute, failed to properly investigate, and continued to extort payments that are not due, directly violating the FCBA. Their failure to address my XXXX XXXX dispute under file # XXXX further exemplifies their lack of compliance with federal law. 


3. **Fair Debt Collection Practices Act ( FDCPA ) Violations** : Under **15 U.S. Code 1692c**, I legally demanded that Exeter Finance cease all further communications with me. Despite this, they have continued to contact me, ignoring both my cease-and-desist notice and the authority of my Power of Attorney. Their actions represent a clear violation of the FDCPAs prohibition against harassment and improper debt collection practices. 

4. **Racketeer Influenced and Corrupt Organizations Act ( RICO ) Violations** : Exeter Finances conduct amounts to a coordinated scheme of extortion, violating **18 U.S. Code 1962** . By ignoring the rescission, my previous dispute, and the UCC-1 lien placed by my POA, while continuing to harass and pressure me into unlawful payments, Exeter Finance has engaged in behavior characteristic of racketeering, using deceit and coercion as part of a broader enterprise to extract money from consumers unlawfully. 


XXXX. XXXX XXXX XXXX XXXX XXXX : Exeter Finances XXXX XXXX attempts, despite my legal actions and the XX/XX/XXXX complaint, amount to unfair, deceptive, or abusive acts or practices ( UDAAP ) as outlined in the XXXX*Consumer Financial Protection Act of XXXX**. These actions flagrantly disregard my rights as a consumer and demonstrate a reckless disregard for federal regulations. 

# # # Remedy Sought : I am requesting that the CFPB immediately intervene in this matter and hold Exeter Finance LLC accountable for their unlawful conduct, which includes : - An immediate cessation of all collection activities on this account. 
- Acknowledgment of the validity of my rescission and billing error dispute, absolving any further obligations. 
- Formal recognition of my **Power of Attorney, XXXX XXXX XXXX and acknowledgment of the **UCC-1 lien** placed against Exeter Finance LLC, ensuring that Exeter Finance ceases all direct contact with me and communicates solely through my appointed representative. 
- A formal investigation into Exeter Finances failure to address my prior dispute filed under **file # XXXX. 
- The imposition of sanctions and penalties on Exeter Finance for its continued violations of TILA, FDCPA, FCBA, and RICO, as well as its harassment and extortionate practices.

- Compensation for the emotional distress, financial harm, and damages caused by their unlawful and predatory collection tactics. 

Exeter Finance LLCs pattern of ignoring consumer disputes, as evidenced by their refusal to address my prior complaint and legal notices, and their continued extortion attempts demonstrate a systematic violation of federal laws intended to protect consumers. Their refusal to recognize my rescission, billing error dispute, Power of Attorney, and the **UCC-1 lien** filed against them only further exemplifies their blatant disregard for the law.

As a consumer, I am invoking my rights under federal statutes and requesting that the CFPB take decisive action to stop Exeter Finance LLC from continuing their illegal and unethical behavior

Company response to consumer: Closed with explanation