Consumer complaint received 2024-04-15 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: TRUIST FINANCIAL CORPORATION
State: IL

Complaint narrative:
There is a billing error on every statement sent to me by XXXX. Each statement fails to demonstrate my embeddedness because every statement is in a positive balance. Not only has XXXX failed to produce the documents that were originally requested to prove that I am legally obligated to pay this alleged balance, they have also been sending me statements that violates the cease and desist, building false report, and completely ignoring the Affidavit of Truth that was sent. XXXX also did not properly discharge my debt per my offer that was sent to XXXX. 

If I owe colorable money on an account and borrowed {$21000.00} from XXXX ( which I did not ), my statement will start out as a negative of XXXX XXXX and every time I made a payment it would reduce the amount of that balance. It would bring the amount closer to a XXXX balance. Every statement from XXXX has a positive balance that I can not legally pay. A negative means that XXXX XXXX owes XXXX, a positive balance means there is a surplus. 

According to 15 USC Code 1666a- Regulation of Credit, a creditor can not take any adverse action against the obligator in the form of negative credit reporting once the obligator has notified them of a billing error dispute. So this is official notice of a billing error dispute and any attempts to collect or flag my credit report in attempts to collect this alleged debt is a violation of 15 USC Code 1666a and the cease and desist sent to XXXX. 

There are certain disclosures XXXX is supposed to provide within 21 days prior to a statement due date. These disclosures are separate from the monthly statement, and I am not receiving two envelopes or documents each month from XXXX digitally or by mail when a payment is due, notifying me of the appropriate disclosures that theyre supposed to provide. These disclosures should be clear and conspicuously inform me of my rights outside of my regular monthly statement. This is a clear violation of 15 USC 1666b.

If a statement is received that shows that a positive balance, that is considered a credit balance excess of {$1.00} and 15 USC 1666d specifically states : Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 

Based on this information it further proves that XXXX has been violating the following US Codes. I have also made an offer to XXXX to accept my coupons as payments to properly discharge my debt to fulfill the obligation to which they accepted via the postal rule and did not credit it to my account. Stating that my endorsed coupon was not legal tender, but 18 US Code 8 defines the term obligation, and it states : The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. 

XXXX was obligated to discharge my debt because the Certificate of indebtedness and that my remittance coupon was legal tender and a valid form of payment that should have been used to discharge the debt. It also means that XXXX is continuously billing me unlawfully and violating numerous US Codes. I have also requested that I be refunded for all payments made to XXXX and sent them a signed invoice of the money they owe me for every violation in which XXXX has yet to act in good faith and send me the money I requested. 


I have already rescinded, sent a cease and desist, an affidavit of truth, a signed and notarized invoice of all of the codes XXXX violated pertaining to XXXX XXXX, and now I am sending official notice of billing error and dispute to notify XXXX of their violation and to attach to my complaint to the CFPB, XXXX, and the Credit Bureaus to support my claim of injustice and violations to have this account closed and removed.

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