Consumer complaint received 2024-12-01 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: TD BANK US HOLDING COMPANY
State: SC

Complaint narrative:
First, I Do Not Consent to be Surety of any alleged debt. I Do Not Consent to be Guarantor of any alleged debt. 

Numerous times starting XX/XX/year>, I have mailed TD Bank the attached Debt Validation and Debt Verification Requests ( delivered XX/XX/year> at XXXX XXXX  ), a Notice of Fault and Opportunity to Cure along with the Billing Error Notice, and a Notice to Opt Out of all Credit Reporting or Credit Furnishing through all Major Credit Reporting Agencies ( delivered XX/XX/year> at XXXX XXXX  ), and the Notice of Default and Final Statement ( delivered XX/XX/year> at XXXX XXXX  ) however TD Banks employees never properly responded to any of my Notices. They were never answered. They never followed my orders to Cease and Desist contacting me by phone instead TD Banks employees just kept harassing me with phone calls all throughout the day and mailing letters containing only partial statements. A half of a Statement is not a bill nor a proper Statement. They never sent me both the Accounts Receivable and the Accounts Payable.

Instead, they've used non-compliant and deceptive tactics to mislead me to make a payment of which I did not owe. As a Fiduciary, they never credited my account properly - according to the law. I was never given Valuable Consideration this entire agreement and TD Bank has been in default for a long time. They continue to report false information to my credit report or consumer report against my wishes and without my written permission which can be a form of identity theft ( a crime ). They are also violating several criminal and civil laws/ statutes of the Federal Consumer Credit Protection Act ( includes the Federal Truth in Lending Act ) or Consumer Credit Protection Act ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) of the Statutes At Large. 

Upon further review, it is evident that the Issuer has committed several violations, rendering the contract or agreement unenforceable. Such as : 1. Lack of Mutual Assent and Consideration : The contract lacks mutual consent and valid or lawful consideration, violating the Uniform Commercial Code ( UCC ) 3-104 and 3-303 regarding negotiable instruments and consideration. 

2. Absence of Issuers Signature : The Issuers failure to sign the agreement signifies a lack of Acceptance and agreement to the terms, thus failing to create a legally binding bilateral contract as required by UCC 3-401. 

3. Unconscionability : The terms of the agreement are unconscionable, imposing undue burdens solely upon [ Borrower 's Name ] without corresponding duties or risks assumed by the Issuer, in violation of the principles of fairness under UCC 2-302. 

4. Misrepresentation and Fraud : The Issuers representation of the instrument as a valid loan agreement, while failing to sign and thereby not committing to any obligation, constitutes a misrepresentation and potentially fraudulent inducement, violating Federal Trade Commission ( FTC ) regulations under 16 CFR Part 433 and federal fraud statutes ( 18 U.S.C. 1341 and 1343 ).

5. Non-performance : The Issuer defaulted on its obligations by failing to properly respond and answer consumers questions and complaints in regard to the transaction. 

And other violations of law such as : 82 Stat. 152 CHAPTER 2 CREDIT TRANSACTIONS 121. General requirement of disclosure, 125. Right of rescission as to certain transactions, 127. Open end consumer credit plans, XXXX. Civil liability TITLE II EXTORTIONATE CREDIT TRANSACTIONS XXXX. Making extortionate extensions of credit, XXXX. Collection of extensions of credit by extortionate means, SECTION 37-5-108.Unconscionability ; inducement by unconscionable conduct. 

Part 2 - Debtors ' Remedies SECTION 37-5-202.Effect of violations on rights of parties., SECTION 37-5-203.Civil liability for violation of disclosure provisions., SECTION 37-5-205.Refunds and penalties as setoff to obligation.

Part 3 - Criminal Penalties SECTION 37-5-301.Wilfull violations., SECTION 37-5-302.Disclosure violations., SECTION 37-5-303.Fraudulent use of cards. 

Notice and Demand Considering the many violations, those listed and those unlisted, XXXX XXXX hereby demands the following remedies : 1. Return of all Payments Made : Immediate return of all payments since the inception of the purported agreement. 

2. XXXX Balance on Account : Issuance of a balance of XXXX on the account, considering that the value was created by the instrument signed by XXXX XXXX and the funds were already generated. 

3. Removal of Negative and Derogatory information from all Consumer Reports/ Credit Reports : Immediate removal of negative items and derogatory/ defamatory information from all consumer reports or credit reports. 


Caveat / Warning If XXXX XXXX is unable to get any cooperation from TD Bank and its employees in regards to these violations of law then I will be put my States Attorney General on Notice because I will be launching a formal investigation with the ( CFPB ) Consumer Financial Protection Bureau, the IRS Criminal Investigations Division, the FDIC Federal Deposit Insurance Commission, the Security and Exchange Commission and filing a Claim against TD Banks companys Bond and Insurers for the Misappropriation of Funds along with tax evasion, non-compliance and fraudulent and deceptive practices.

Company response to consumer: Closed with non-monetary relief