Consumer complaint received 2024-12-17 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Problem with additional products or services purchased with the loan
Company: TOYOTA MOTOR CREDIT CORPORATION
State: NC

Complaint narrative:
Companies : XXXX XXXX and XXXX of XXXX ( XXXX XXXX XXXX ) On or about XX/XX/XXXX, the following unfair or deceptive acts occurred : ( I only noticed and started researching after reading CFPB 's report on XXXX XXXX ) Comparing the original contract provided at the time of signing from XXXX XXXX XXXX on XX/XX/XXXX and the XXXX emailed to me recently on XX/XX/XXXX from XXXX XXXX, both at XXXX XXXX XXXX, there seems to be discrepancies, forgery, misleading and inaccurate information. 

The contract emailed to me was not in its entirety and I was inaccurately informed that it was. It did not include the following : Purchaser Cash Agreement, Invoice, Odometer Disclosure, Extra Care Vehicle Agreement and the Auto Protection Program ( GAP ). 

In the Original Contract, I still have on-hand, there are discrepancies in the amounts shown between the Cash Purchase Agreement ( XXXX {$16000.00} : XXXX to be Financed {$3500.00} ), Invoice ( Cash on Delivery XXXX : Finance Contract XXXX ) Also the price on the Sales Contract ( XXXX Price {$16000.00}, XXXX of XXXX ) and in the Cash Purchase Agreement ( Price of Unit {$15000.00} ). 

On the Cash Purchase Agreement the Title fee is {$75.00} on the Sales Contract ( XXXX itemization list ) the Title fee is {$110.00} On the Sales Contract it states the percentage rate is XXXX  % but the finance charge is {$9600.00}, which is a percentage rate of XXXX  %. ( finance charge is all interest ) After over XXXX hrs and XXXX mins of going over it on the phone with the resolution XXXX at XXXX XXXX XXXX on XX/XX/XXXX and going over multiple formulas for the calculation the amount could not be resolved. I was told to contact the dealership with no resolution. 
I then spoke to XXXX XXXX, General Manager at XXXX XXXX XXXX ( XXXX XXXX XXXX ), about the finance charge on XX/XX/XXXX, to which he stated there was no specific formula you can use to figure it out that the numbers had to be plugged into a special Calculator which was a computer program. Again ending the call with no resolution. 

On the XXXX XXXX XXXX the registration fee ( box XXXX ) is listed as {$130.00} but on the XXXX XXXX in registration fee ( pg XXXX # XXXX ( iv ) ) it states {$60.00}. 

In the Original Contract in the Cash Purchaser Agreement it says the vehicle is Used and in the Invoice the vehicle is stated under New. 

This is all misleading information for monetary gain. 


I also never received a full disclosure, because I never received my rights to rescind as stated in and complying with : 12 CFR 1026.23b ( 1 ) Notice of right to rescind. In a transaction subject to rescission, a creditor shall deliver XXXX copies of the notice of the right to rescind to each consumer entitled to rescind ( XXXX copy to each if the notice is delivered in electronic form in accordance with the consumer consent and other applicable provisions of the XXXX XXXX ). The notice shall be on a separate document that identifies the transaction and shall clearly and conspicuously disclose the following : ( i ) The retention or acquisition of a security interest in the consumer 's principal dwelling. 
( ii ) The consumer 's right to rescind the transaction. 
( iii ) How to exercise the right to rescind, with a form for that purpose, designating the address of the creditor 's place of business. 
( iv ) The effects of rescission, as described in paragraph ( d ) of this section. 
( v ) The date the rescission period expires. 
( XXXX ) Proper form of notice. To satisfy the disclosure requirements of paragraph ( b ) ( XXXX ) of this section, the creditor shall provide the appropriate model form in appendix H of this part or a substantially similar notice. 
( c ) XXXX of creditor 's performance. Unless a consumer waives the right of rescission under paragraph ( XXXX ) of this section, no money shall be disbursed other than in escrow, no services shall be performed and no materials delivered until the rescission period has expired and the creditor is reasonably satisfied that the consumer has not rescinded. 
15 US Code 1635 The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. 


The down payment was also never required but I was told it was ( i was also called a liar for wanting to take my down payment back because XXXX XXXX believed i was going to another dealership with it. It took 2 days for him to give it back ) for the sale and no disclosures were ever provided, which did not comply with : 12 CFR 1026.24 ( d ) ( 1 ) Triggering terms. If any of the following terms is set forth in an advertisement, the advertisement shall meet the requirements of paragraph ( d ) ( XXXX ) of this section : ( i ) The amount or percentage of any downpayment. 
( ii ) The number of payments or period of repayment. 
( iii ) The amount of any payment. 
( iv ) The amount of any finance charge XXXX XXXX XXXX XXXX liable under 15 US Code 1662 No advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state ( XXXX ) that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payments or installments for that period and in that amount. 
( XXXX ) that a specified downpayment is required in connection with any extension of consumer credit, unless the creditor usually and customarily arranges down payments in that amount. 


After giving the down payment, which was not required, It was not applied to the amount correctly. It actually brought my amount financed up. This altered the amounts on the contract. This did not comply with : 12 CFR 1026.18 ( b ) ( b ) Amount financed. The amount financed, using that term, and a brief description such as the amount of credit provided to you or on your behalf. The amount financed is calculated by : ( XXXX ) Determining the principal loan amount or the cash price ( subtracting any downpayment ) ; ( XXXX ) Adding any other amounts that are financed by the creditor and are not part of the finance charge ; and ( XXXX ) Subtracting any prepaid finance charge. 

Holding XXXX XXXX XXXX liable under 15 US Code 1638 ( 2 ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( XXXX ) : ( i ) take the principal amount of the loan or the cash price less down payment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section 1605 of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. 

There were also add-ons I was not made aware of at all during the sale, which were labeled as optional. Like the XXXX XXXX XXXX XXXX and the XXXX XXXX. While I went to the same dealership for maintenance services, it was never informed to me that those services were included in the Platinum Vehicle Service Agreement that was set in place. No services were ever rendered due to not being informed that they were added. None of these charges were reflected in the finance charge, which should have been since all charges must be included in the finance charge, if I had agreed to them. Not complying with : 12 CFR 1026.4 ( a ) Definition. The finance charge is the cost of consumer credit as a dollar amount. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. It does not include any charge of a type payable in a comparable cash transaction. 
( XXXX ) Charges by third parties. The finance charge includes fees and amounts charged by someone other than the creditor, unless otherwise excluded under this section, if the creditor : ( i ) Requires the use of a third party as a condition of or an incident to the extension of credit, even if the consumer can choose the third party; or ( ii ) Retains a portion of the third-party charge, to the extent of the portion retained. 
12 CFR 1026.18 ( c ) ( c ) Itemization of amount financed ( XXXX ) Except as provided in paragraphs ( c ) ( XXXX ) and ( c ) ( XXXX ) of this section, a separate written itemization of the amount financed, including : ( iv ) The prepaid finance charge. 


The dealership also told me I needed to acquire and pay for new plates and registration, since it was a new car off the lot. Adding those fees as well, when I already had an established registration and plates from the XXXX of XXXX  on my previous Vehicle. 


On the original Sales Contract, Platinum Vehicle Service Agreement and the XXXX XXXX, given to me at the time of the consumer credit transaction on XX/XX/XXXX, the Signatures are all blacked out with N/A over the dates. This signifies no Signatures were ever provided and a completely filled in copy was never received. On the copy emailed to me on XX/XX/XXXX, there are signatures in those same places that were blacked out that do not look familiar to my own. 


20 US Code 1097 ( a ) In general Any person who knowingly and willfully embezzles, misapplies, steals, obtains by fraud, false statement, or forgery, or fails to refund any funds, assets, or property provided or insured under this subchapter or attempts to so embezzle, misapply, steal, obtain by fraud, false statement or forgery, or fail to refund any funds, assets, or property, shall be fined not more than {$20000.00} or imprisoned for not more than 5 years, or both, except if the amount so embezzled, misapplied, stolen, obtained by fraud, false statement, or forgery, or failed to be refunded does not exceed {$200.00}, then the fine shall not be more than {$5000.00} and imprisonment shall not exceed XXXX year, or both. 

On your contract page XXXX # XXXX repossession of the vehicle for failure to pay it states if the vehicle is purchased primarily for personal, family or household use the Creditor may NOT enter property owned or rented by you ( me ) in order to repossess unless you ( I ) consent at that time or unless the Creditor 's right to repossess has been determined by a court. it also says right above it so long as it is done peacefully and lawfully which neither was done. This is per your written contract. 

On XX/XX/XXXX XXXX XXXX from XXXX, MA took illegal possession of my vehicle after making arrangements for payment and to put the repossession on hold. Breaching their own contract. I was told it was off the repossession list and 3 days later they came and took it before our arranged payment date. After paying for the vehicle including all their fees, it was then lost for XXXX weeks and I had to pay rentals/ubers to find and retrieve it. Also I called for a new key which was broken in the process, put in a claim and nothing was ever done about it. 
*Email from recovery zone stating it was picked up. 
XXXX XXXX XX/XX/XXXX ( XXXX XXXX to get to rental ) : XX/XX/XXXX {$15.00} and XX/XX/XXXX {$12.00} XXXX XXXX  rental : XX/XX/XXXX {$200.00} and XX/XX/XXXX {$430.00} Tolls : {$10.00} ) XXXX on XX/XX/XXXX you violated your policy by sending another repo. He never showed me any paperwork, the car was hooked up before any verification or speaking with me. And he physically and forcefully tried to stop the car by grabbing the side view mirror and breaking it off. 
XXXX of the incident *Pictures of damage I signed this Consumer Credit Transaction in Good Faith without any knowledge of the Fraud and forgery being committed by both XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Both Companies failed to comply with multiple CFRs and are civilly liable to me under 15 US Code 1640.

I have spoken to multiple supervisors and told to get a legal team and contact them back with my legal teams information to get any other information or proceed.

Company response to consumer: Closed with explanation