Consumer complaint received 2025-05-14 00:00:00
Product: Vehicle loan or lease — Lease
Issue: Repossession — Loan balance remaining after the vehicle is repossessed and sold
Company: TD BANK US HOLDING COMPANY
State: NV

Complaint narrative:
Formal Debt Validation and Credit Reporting Dispute Letter Before proceeding to the main body of this dispute letter, I would like to summarize that this letter challenges the continued reporting of a charged-off TD Auto Finance account based on multiple legal grounds including : potential FCRA violations XXXX proper validation of debt, questions about the accuracy of reporting after voluntary surrender of the vehicle, and potential unfair practices under UDAAP standards. 

Date : XX/XX/XXXX TD AUTO FINANCE XXXX XXXX XXXX XXXX XXXX, MI XXXX RE : Account Number : XXXX Consumer Name : XXXX XXXX Credit Report Number : XXXX Formal Notice of Dispute To Whom It XXXX Concern : I am writing to dispute the information TD Auto Finance has reported to the credit reporting agencies regarding account number XXXX. After reviewing my credit report dated XX/XX/XXXX, I have identified potentially inaccurate and legally questionable information that requires immediate validation or removal from my credit file. This letter serves as my formal dispute under the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), and applicable state consumer protection laws. 

Legal Basis for Dispute Validation of Debt Pursuant to XXXX XXXX Code XXXX, I am requesting validation of this debt. According to the FDCPA, you must provide verification of the debt including : The amount of the debt The name of the original creditor Documentation proving I am legally obligated to pay this debt Documentation of the chain of ownership if this debt has been sold or transferred If this debt has been sold or transferred to any third party, I demand disclosure of all such information pursuant to XXXX XXXX Code XXXX ( a ) ( XXXX ). Until proper validation is provided, I request all collection activities cease immediately. 

Voluntary Surrender and Reporting Requirements My credit report indicates this vehicle was " Voluntarily Surrendered '' in XX/XX/XXXX. Under XXXX XXXX XXXX XXXX ( a ) ( XXXX ), when a consumer voluntarily closes a credit account, this information should be properly reflected in subsequent reporting. The continuing designation as " charged-off '' rather than accurately reflecting the voluntary surrender may constitute an unfair or deceptive practice under applicable UDAAP standards. 

XXXX of Limitations Concerns This account originated in XX/XX/XXXX and was charged off in XX/XX/XXXX. While the FCRA generally allows negative information to remain on credit reports for XXXX years from the date of first delinquency, state laws regarding the statute of limitations on debt collection may impact the enforceability of this debt. 

The continued reporting of an unenforceable debt as currently due may constitute an unfair or deceptive practice prohibited under state consumer protection laws and federal UDAAP standards. 

Demand for Action Based on the legal grounds stated above, I demand the following actions be taken within 30 days of receipt of this letter : Provide complete validation of this debt as required by XXXX XXXX XXXX XXXX, including documentation proving the full chain of ownership if this account has been sold. 

Provide documented proof that the reporting of this account accurately reflects its voluntary surrender status in compliance with XXXX XXXX XXXX XXXX. 

If you can not provide the above validations, I demand immediate removal of this account from all credit reporting agencies to which you report. 

Provide written confirmation when these actions have been completed.

Notice of Potential Legal Consequences Failure to address these concerns may constitute violations of the FCRA, FDCPA, and state UDAAP laws. Under the CFPB 's current enforcement priorities, improper credit reporting practices, particularly after voluntary surrender, may be scrutinized as unfair or deceptive practices. 

The Federal Trade Commission and Consumer Financial Protection Bureau have authority to investigate and penalize unfair debt collection practices under XXXX XXXX Code XXXX. Additionally, recent state-level XXXX enforcement focuses specifically on financial institutions ' credit reporting practices and their obligations to consumers. 

Conclusion I expect a complete response to this dispute within 30 days as required by law. During this period, I request all reporting of this account to credit bureaus cease until the matter is resolved. Any continuation of potentially inaccurate reporting may constitute a willful violation of the FCRA. 

If I do not receive satisfactory validation and resolution within the specified timeframe, I will consider taking further legal action, including filing complaints with the Consumer Financial Protection Bureau, Federal Trade Commission, and your state regulatory agency. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation