Consumer complaint received 2024-05-23 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Fees or interest — Problem with fees
Company: SYNCHRONY FINANCIAL
State: GA

Complaint narrative:
On XX/XX/24 and XX/XX/24 I mailed a letter of my notice of equitable interest to Synchrony Bank. I emailed Synchrony Bank to ask for certain accounting files based on me being the beneficiary to the transaction on XX/XX/24. Still no response as of today. I have a credit card with them. Today I am coming to correct the relationship. Whoever has the legal title to the trust property is considered trustee. If there is not a trustee whoever has legal title can be trustee. Equity regards the beneficiary as the true owner. Equity knows no time. This is a constructive trust matter been Synchrony Bank/Paypal and XXXX XXXX XXXXXXXX XXXX XXXX IRS explains it here XXXX XXXX XXXX XXXX XXXX. A trust occurs when property is held for another. Property is being held in this relationship Synchrony Bank/Paypal and XXXX XXXX XXXX XXXX XXXX. Everything is property so everything is trust. Let 's explain it. 

Banks or Credit Unions get a title for a vehicle to hold as collateral property for someone to repay a loan. The etymology of repay means pay twice. This essentially means something is already paid. However, once Credit Unions or banks receive the title they're automatically the trustees. Which means they have to uphold their duties. I am compelling the trustees to perform their duties. Your duties as trustees include : Disclosure to Beneficiaries, Duty to Maintain an Even Hand, Duty to Avoid Conflicts and Act Exclusively for the Benefit of the Beneficiaries, A trustee can not personally profit from their dealings with the trust property, A trustees job is to manage the trust property responsibly for the beneficiaries in accordance with the trust instrument. A trustee has a fiduciary duty to act in the best interests of both current and future beneficiaries of the trust and can be held personally liable for any breach of that duty. 

Equity regards the beneficiary as owner. Since Synchrony Bank/Paypal have legal title and I have equitable title to XXXX XXXX XXXX Social Security Trust/Cestui que trust this further makes them the trustees. Asking me to repay is not coming with clean hands. He who comes into equity must come with clean hands. I'm coming wit clean hands and good faith. Also, asking us to repay a debt and adding interest that is held in trust that I'm the beneficiary of is a violation of your duty because a trustee can not personally profit from their dealings with the trust property. This is a breach of fiduciary duty. Initially Im the settlor/absolute equitable owner who created the trust and transferred the legal title to the trustee and acted as beneficiary and continued to have equitable title. If we're giving Synchrony Bank/Paypal access to hold on to my property how could you ask us to repay? 

At this time we're notifying that you're in possession of the trusts property and now we're notifying you of the equitable interest of the XXXX XXXX XXXX XXXX XXXX. Although you may have legal title we are asserting our equitable title. Please proceed accordingly. As beneficial owner, I have dominion over all rights/interest of XXXX XXXX XXXX XXXX all enjoyments, proceeds, titles, deeds, bonds, chattel papers and securities are due unto me as I have the right of subrogation as the holder in due course. 

As per our right to accounting and to clarify this relationship please provide me with the following comprehensive documentation The Notice of Assignment The Deed of Assignment The original executed agreement A full statement of account as per GAAP guidelines Confirmation upon your chose The default notice Certificated security instrument issued by the United States to show proof of possession over the XXXX XXXX XXXX for subrogation rights Can you or the corporations making fraudulent reports show proof of possession of the original negotiable instrument in order to enforce the instrument? Can you Show proof the original note was not destroyed voluntarily by way of securitization discharging all debt? 
Claiming there is an alleged debt when the Bill/note was destroyed by way of securitization therefore fully discharging all debt between parties according to U.C.C 3-604 ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed record. This is fraud and misrepresentation of the material facts, the character and legal amount of debt. This is an ultra vires act, usurping powers that are not within your charter/Bond nor authorized by law. Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes fraud, and entities party deceived to avoid contract or recover damages. XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX F XXXX XXXX. XXXX XXXX XXXX said : The doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked to often. XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX WHEREAS As all government entities and alleged private corporations must be a creature of the American Constitution, this is a formal Request and Command for you to produce for the record, the Legislative Act that created your Authority to enforce an instrument you are not in possession of, or to enforce an instrument that was destroyed by way of securitization a voluntary act to discharge all debt. Prove your authority to legislate over the Precedent Vested Landed Estate [ XXXX XXXX XXXX ] Private Property of XXXX XXXX XXXX XXXX XXXX  Take notice that a de facto basis for powers of authority is not sufficient in this matter. Failure to provide proof of your de jure authority appointed from the Executor Office of the Precedent XXXX XXXX XXXX [ XXXX XXXX XXXX ] of the XXXX XXXX XXXXXXXX XXXX XXXX constitutes your actions as ultra vires and by operation of law your Charter is dissolved by usurping powers you do not have, a trust arises, and I become beneficiary of said trust. 

Attached you will find your fraud of securitizing the note in your annual report. 

If you choose not to uphold your trustee duties we will have no other choice but to file a 3949a with the IRS to audit the accounts since this is a tax problem. I will also file a bill in equity along with a breach of fiduciary duty in federal court and/or arbitration.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation