Consumer complaint received 2024-11-18 00:00:00
Product: Payday loan, title loan, personal loan, or advance loan — Installment loan
Issue: Charged fees or interest you didn't expect — 
Company: AmeriCash Holding LLC
State: WI

Complaint narrative:
When I to a loan out with XXXX XXXX, I was going to originally take out {$450.00} but the representative said that I could take out {$500.00} and that my bi weekly payments would be {$58.00}. So I trusted the representative and signed the contract with out read because the contract is supposed to match what what he said, when they took out the first payment and it was 73 dollars bi weekly I immediately reviewed the contract and called and asked them to fix it they refused because according to 15 U.S. Code 1692e - False or misleading representations. when I call All they say is you signed the contract but a contract is void when your misleading. And I asked there representatives if they follow the law because according to 15 U.S. Code 1605 - Determination of finance charge U.S. Code Notes prev | next ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.

( 2 ) Service or carrying charge.

( 3 ) Loan fee, finders fee, or similar charge.

( 4 ) Fee for an investigation or credit report.

( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss.

( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed.

It clearly says that The finance charge shall not include fees and amounts imposed by third party and XXXX loan is the third party. 

And another false and misleading statement by XXXX loan is that they borrow the money to me but according to Montgomery vs Daly the courts ruled that banks can not borrow money and the money is created by the my signature. 

15 usc Submit 1994 Main Ed. ( XX/XX/XXXX ) Submit << Previous TITLE 15 / CHAPTER 22 / SUBCHAPTER III / 1125 Next >> [ Print ] [ Print selection ] [ OLRC Home ] Help 15 USC 1125 : False designations of origin and false descriptions forbidden Text contains those laws in effect on XX/XX/XXXX From Title XXXX5-COMMERCE AND TRADE CHAPTER 22-TRADE-MARKS SUBCHAPTER III-GENERAL PROVISIONS Jump To : Source Credit Prior Provisions Amendments Effective Date Cross Reference 1125. False designations of origin and false descriptions forbidden ( a ) Civil action ( 1 ) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which- ( A ) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or ( B ) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person 's goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

( 2 ) As used in this subsection, the term " any person '' includes any State, instrumentality of a State or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.

( b ) Importation Any goods marked or labeled in contravention of the provisions of this section shall not be imported into the United States or admitted to entry at any customhouse of the United States. The owner, importer, or consignee of goods refused entry at any customhouse under this section XXXX have any recourse by protest or appeal that is given under the customs revenue laws or XXXX have the remedy given by this chapter in cases involving goods refused entry or seized.

( July 5, 1946, ch. 540, title VIII, 43, 60 Stat. 441 ; Nov. 16, 1988, Pub. L. 100667, title I, 132, 102 Stat. 3946 ; Oct. 27, 1992, Pub. L. 102542, 3 ( c ), 106 Stat. 3568. ) All this could of been avoided if XXXX loan would of worked with me and redid the contract but they refused and I'm asking XXXX loan to return the payments that they took out because according to the 15 usc 1605 consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. XXXX is trying to double dip. If XXXX XXXX  follow the law then they would have no issue in returning what they took. 

Public Law 73-10/HJR192 of 1933 is still in full force and effect, which states that " ... to require a payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby , is declared to be against public policy ; ... '' Any " offer of tender of payment in full accord and satisfaction- without recourse '' is considered as 'discharged ' per U.C.C. 3-603 ( b ).

Offeree is the principle secured party creditor as an American and executes his offer with his restrictive endorsement : " All Rights Reserve
d - Without Prejudice By : Brandon Duncan, U.C.C. 3-402 ( b ) ( 1 ) authorized representative with the United States being the obligated party. '' That whole contract is misleading.

Company response to consumer: Closed with explanation