Consumer complaint received 2025-04-11 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Exeter Finance, LLC.
State: IL

Complaint narrative:
XX/XX/XXXX Any disputes I have prior to the illegal sale to XXXX XXXX XXXX XXXX XXXX ( Unlicensed debt collection agency ) will be directed to Exeter Finance LLC. Per contract signed XX/XX/XXXX and Welcome Letter per Exeter Finance LLC in reference to the XXXX XXXX XXXX XXXX # XXXX W/ XXXX XXXX XXXX XXXX The first date of payment agreed upon is XX/XX/XXXX with a starting balance of XXXX. The first monthly billing statement sent to me dated XX/XX/XXXX had an outstanding balance of {$10000.00}. Why is the loan amount inflated? Why was Exeter reporting on my credit prior to XX/XX/XXXX? XX/XX/XXXX Exeter added on my XXXX XXXX XXXX {$10000.00} with a scheduled payment of {$330.00} and a paid amount of {$0.00}? Why did Exeter inflate my loan balance by {$280.00} and falsify {$0.00} payment for XX/XX/XXXX before my 1st payment of XX/XX/XXXX? THESE FACTS ALONE IS CONSIDERED A BREACH OF CONTRACT!! XX/XX/XXXX Exeter on my XXXX XXXX XXXX {$10000.00}. XX/XX/XXXX & XXXX Exeter reported a balance of XXXX the credit bureaus. This is the very first violation of many that Exeter Finance LLC committed while in this contract which is more than enough for a full deletion request under FCRA XXXX & XXXX. Given that the car was sold for {$3500.00} and Exeter already knew about the sale, reporting a charge-off balance of {$7000.00} and adding a credit of {$340.00} after the sale creates multiple violations. 
General Violations : 1. Improper Payment Application : a. Nine payments were not applied correctly to the principal balance, including my first payment. Misapplication of payments could violate consumer protection laws, as it lead to inflated debt amounts and damage to my credit report.

2. Incorrect Reporting of Balances : a. Multiple instances where Exeter Finance reported incorrect balances, such as when they reported higher balances compared to the statement of account or added unauthorized fees after the vehicle was sold. This violates the FCRAs requirement for accurate and timely reporting of consumer debt.

3. Failure to Correct Deficiencies : a. Exeters failure to properly apply my payments and correctly adjust the deficiency balance after the sale of my vehicle, and the continued reporting of inaccurate balances, violates FCRA and state laws about keeping accurate records and correcting discrepancies.

4. Charge-Off Reporting : a. The charge-off reporting by Exeter on XX/XX/XXXX, with a balance of {$7000.00}, even after the vehicle was sold for {$3500.00}, constitutes a misrepresentation of the actual debt after the sale, violating both FDCPA and FCRA provisions for accurate reporting of consumer credit, in comparison to the Summary of Accounts.

5. Unauthorized Fees : a. Unexplained fees added to my account after the sale of the vehicle, such as the {$25.00} charge on XX/XX/XXXX and the {$660.00} charge on XX/XX/XXXX, further complicate the situation and violate state consumer protection laws for deceptive business practices.

Federal Violations : 1. Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S.C. 1692-1692p : a. Violation of Licensing Requirements : Selling my personal information to a company not licensed to collect debts in your state. Only licensed debt collectors are allowed to contact consumers and engage in debt collection in Illinois.

b. Unfair Practices : Selling my information to an unlicensed party lead to abusive, misleading, or unfair practices.

c. False or Misleading Representations : Inaccurate reporting of balances, failure to apply payments correctly, and misleading statements about debt and payment application.

2. Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681-1681x : a. Improper Disclosure of Information : Selling personal information to an unlicensed debt collector constitutes a violation of the FCRAs rules on permissible uses of consumer data ( Section 1681b ).

b. Failure to Correct Inaccurate Reporting : The improper reporting of balances ( e.g., inflated balances, late fees, charge-offs ) violates Section 1681i ( requirement to correct inaccurate information ). I have evidence of several disputes and no changes were made to correct discrepancies.

c. Failure to Maintain Accurate Records : Misapplied payments and incorrect account balances lead to false or misleading information being reported to the credit bureaus, violating Section 1681e ( accurate reporting obligations ).

3. Gramm-Leach-Bliley Act ( GLBA ) - 15 U.S.C. 6801-6809 : a. Improper Sharing of Personal Information : Exeter violated the GLBAs privacy provisions by selling personal financial information to an unlicensed company, which should only be shared under specific conditions, such as with authorized entities.

4. Consumer Financial Protection Bureau ( CFPB ) Regulations : a. Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) : Selling personal information to an unlicensed debt collector is seen as an unfair practice under the UDAAP provisions of the Dodd-Fra
nk Act, which the CFPB enforces.

Illinois State Violations : 1. Illinois Collection Agency Act ( 225 ILCS 425 ) : a. Violation of Licensing Requirements : By selling my debt to an unlicensed debt collection agency, Exeter violated Section 9 of the Illinois Collection Agency Act, which mandates that all debt collectors must be licensed by the state to engage in debt collection activities.

b. Unauthorized Debt Collection : Debt collection agencies that are not licensed in Illinois are prohibited from collecting debts or even purchasing debts for collection.

2. Illinois Consumer Fraud and Deceptive Business Practices Act ( 815 ILCS 505/ ) : a. Deceptive Business Practices : Selling personal information to an unlicensed entity constitutes a deceptive practice, as it exposed me to harm by involving unqualified parties in debt collection, which could lead to harmful or misleading actions against consumers.

b. Failure to Disclose Fees or Charges : The unexplained fees applied to your account ( e.g., late fees, charges after the vehicle sale, etc. ) and their improper reporting are also violations of the Consumer Fraud Act, as they caused consumer confusion or financial harm.

3. Illinois Privacy Laws- Data Breach Notification Act ( 815 ILCS 530 ) : a. Improper Sharing of Personal Information : The sale of my personal information led to a data breach & resulted in unauthorized access, Exeter violated the Illinois Data Breach Notification Act by failing to protect your personal information and inform you about the breach.

UDAAP Violations ( 12 U.S.C. 5531 ) The CFPB prohibi
ts companies from deceptive financial practices : a ) Reporting incorrect balances over a 17-month period impacted my creditworthiness and is a deceptive and abusive act.

Breach of Contract / State Fraud Laws : Reporting amounts not authorized or reflected in your contract or statements constitutes contract fraud or misrepresentation under states laws.

These 9 payments not applied to the principal balance, including my first payment. Why? This suggest significant account mismanagement by Exeter Finance, and there may be further violations related to how your payments were handled. Failure to apply payments correctly can lead to misreporting, inflated balances as it has, and violations of both the FCRA and contract terms! 
List of Payments Not Applied to Principal : XXXX. XX/XX/XXXX : {$330.00} XXXX. XX/XX/XXXX : {$350.00} XXXX. XX/XX/XXXX : {$330.00} XXXX. XX/XX/XXXX : {$120.00} XXXX. XX/XX/XXXX : {$220.00} XXXX. XX/XX/XXXX : {$130.00} XXXX. XX/XX/XXXX : {$350.00} XXXX. XX/XX/XXXX : {$71.00} XXXX. XX/XX/XXXX : {$330.00} WHY ARE ALL THESE BALANCES DIFFERENT??!! 


XXXX reported balances From Exeter XXXX XX/XX/XXXX the balance of {$10000.00} {$0.00} paid was reported by Exeter Why? 
XX/XX/XXXX the balance of {$10000.00} XX/XX/XXXX the balance is {$10000.00} XX/XX/XXXX the balance is {$10000.00} XX/XX/XXXX the balance is {$10000.00} XX/XX/XXXX the balance is {$10000.00} XX/XX/XXXX the balance {$10000.00} XX/XX/XXXX the balance is {$10000.00} XX/XX/XXXX the balance is {$10000.00} XX/XX/XXXX the balance was {$10000.00} XX/XX/XXXX the balance was {$10000.00} XX/XX/XXXX the balance was {$10000.00} XX/XX/XXXX the balance was {$10000.00} XX/XX/XXXX the balance was {$9700.00} XX/XX/XXXX the balance was {$9900.00} XX/XX/XXXX the balance was {$9800.00} XX/XX/XXXX the balance was {$10000.00} XX/XX/XXXX the balance was {$9200.00} XX/XX/XXXX the balance was {$9500.00} XX/XX/XXXX the balance was {$9400.00} XX/XX/XXXX the balance was {$9200.00} XX/XX/XXXX the balance is {$9400.00} XX/XX/XXXX the balance was {$9200.00} XX/XX/XXXX the balance was {$9100.00} XX/XX/XXXX The balance was {$8900.00} XX/XX/XXXX the balance was {$8800.00} XX/XX/XXXX the balance is {$9000.00} XX/XX/XXXX the balance was {$9200.00} XX/XX/XXXX the balance is {$9500.00} XX/XX/XXXX the balance is {$9300.00} XX/XX/XXXX the balance was {$9600.00} XX/XX/XXXX the balance was {$9800.00} XX/XX/XXXX the balance was $ 7016 Monthly Billing Statements from Exeter Finance LLC XX/XX/XXXX Outstanding balance of -- {$10000.00} XX/XX/XXXX Outstanding balance of -- {$10000.00} XX/XX/XXXX Outstanding balance of -- {$10000.00} XX/XX/XXXX outstanding balance of -- {$10000.00} XX/XX/XXXX Outstanding balance of -- {$10000.00} XX/XX/XXXX outstanding balance of -- {$10000.00} XX/XX/XXXX of XXXX outstanding balance of -- {$10000.00} XX/XX/XXXX outstanding balance of -- {$10000.00} XX/XX/XXXX outstanding balance of -- {$10000.00} XX/XX/XXXX outstanding balance of -- {$10000.00} XX/XX/XXXX outstanding balance of -- {$10000.00} XX/XX/XXXX outstanding balance of -- {$10000.00} XX/XX/XXXX outstanding balance of -- {$10000.00} XX/XX/XXXX outstanding balance of -- {$9900.00} XX/XX/XXXX outstanding balance of -- {$9800.00} XX/XX/XXXX outstanding balance of -- {$10000.00} XX/XX/XXXX outstanding balance of -- {$9900.00} XX/XX/XXXX, our balance of -- {$10000.00} XX/XX/XXXX, XXXX balance of {$9600.00} XX/XX/XXXX outstanding balance of {$9300.00} XX/XX/XXXX Outstanding balance of {$9300.00} XX/XX/XXXX outstanding balance of {$9500.00} XX/XX/XXXX outstanding balance of {$9600.00} XX/XX/XXXX, outstanding balance of {$9500.00} XX/XX/XXXX, outstanding balance of {$9300.00} XX/XX/XXXX outstanding balance of {$9100.00} XX/XX/XXXX outstanding balance of {$9000.00} XX/XX/XXXX outstanding balance of {$8900.00} XX/XX/XXXX outstanding balance of {$9100.00} XX/XX/XXXX outstanding balance of {$9300.00} XX/XX/XXXX Outstanding balance and {$9500.00} XX/XX/XXXX, outstanding balance of {$9400.00} XX/XX/XXXX outstanding balance of {$9700.00} Summary of Account Per Exeter XX/XX/XXXX -- {$10000.00} XX/XX/XXXX -- {$10000.00} XX/XX/XXXX -- {$10000.00} XX/XX/XXXX -- {$10000.00} XX/XX/XXXX - XX/XX/XXXX -- {$10000.00} XX/XX/XXXX -- {$10000.00} XX/XX/XXXX -- {$10000.00} XX/XX/XXXX -- {$10000.00} XX/XX/XXXX -- {$10000.00} XX/XX/XXXX -- {$9900.00} XX/XX/XXXX -- {$9800.00} XX/XX/XXXX -- XX/XX/XXXX -- {$9600.00} XX/XX/XXXX & XX/XX/XXXX -- {$9500.00} XX/XX/XXXX -- {$9200.00} XX/XX/XXXX - XX/XX/XXXX -- {$9100.00} XX/XX/XXXX -- {$9100.00} XX/XX/XXXX -- {$9000.00} XX/XX/XXXX -- {$8900.00} XX/XX/XXXX, XXXX XX/XX/XXXX -- {$8800.00} XX/XX/XXXX - {$5300.00} XX/XX/XXXX -- After XXXX Credit -- {$4900.00} XX/XX/XXXX -- {$4800.00}

Company response to consumer: Closed with explanation