Consumer complaint received 2024-04-24 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: Burns Auto Credit, LLC
State: SC

Complaint narrative:
Uniform Commercial Code/UCC governs all business transactions, so Burns Auto Credit LLC legally must have UCC lien filed with secretary of state against my name. Without seeing that there is no UCC lien in my name, its proof the the debt has been paid off at time I put signature on the certificate of indebtedness at the dealership. I do not owe them anything, don't know why the continue to report transaction to consumer reporting agencies, There is no transaction listed with Secretary of State and i have attached copy to prove such. The contract must be LAWFUL & FAIR but it was not. Because that why the lien was never file with secretary of state. There was never any debt in the beginning - because the debt was already paid off.

Burns Auto Credit LLC issuing legal threats of repossession. Failing to understand, that for any debt collector to legally collect a debt. It must be XXXX legal components. a promissory or agreement and perfected lien under UCC filed on federal & state level with secretary of state. Burns Auto Credit had XXXX  days to file lien, just as long for them and Department Motor Vehicle/DMV to commit unlawful act and misleading me. And, as of XX/XX/2023. I went to secretary of state and did and ucc search. And there was no UCC lien filing against me or collateral in question at my address & i received a certified copy indicating there was no lien. In good faith on the same day XX/XX/2023, I file my own lien/finance statement ucc 11 against myself and the collateral. Which show Burns Auto Credit LLC has no security interest against myself or said collateral, just having the lien against the title at DMV is NOT a perfected line according to : 9-310. WHEN FILING REQUIRED TO PERFECT SECURITY INTEREST ( a ) ( a ) [ General rule : perfection by filing. ] Except as otherwise provided in subsection ( b ) and Section 9-312 ( b ), a financing statement must be filed to perfect all security interests and agricultural liens.

2nd ) installment contract has already been paid off in FULL at time I sign the application/installment contract and turn it into certificate of indebtedness. And according to certificate of indebtedness Section 2 c Security Interest - its states that section This secures payment of all you owe on this contract also secures your other agreements in this contract. So, I cant still owe any monies to Burns Auto Credit LLC after i gave them certificate of indebtedness with my signature, 3 ) i send notification to IRS with 1099A Acquisition or Abandonment of Secured Property. And it was accepted by IRS on XX/XX/XXXX and its has been forwarded to Burns Auto Credit LLC.

4 ) I cross out and initial Section 3 ( d ) of the installment contract. Which I remove their right to take or repossession from me. Plus, they already been paid in FULL per the certificate of indebtedness that i've sign with them and 1099A form

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation