Consumer complaint received 2025-06-18 00:00:00
Product: Debt collection — Auto debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Byrider Franchising, LLC
State: OH

Complaint narrative:
XXXX XXXX IGNORNED Request documentation including loan disclosures, assignment records, and any 1099-A/C forms due to deliberate fraud in violation of Truth in Lending Act and Uniform Commercial Code ( UCC 9609 ). This debt was charged off and they continued to report negatively on credit bureaus related to the fraud scam and unlawful repossession REQUESTED RELIEF & DEMAND FROM XXXX XXXX & XXXX XXXX I. Restitution and Refunds Full Return of Down Payment As the original transaction was induced by fraud and unjust enrichment.

Refund of All Payments Made ( Principal + Interest + Fees ) Including but not limited to monthly payments, late fees, insurance charges, service fees, etc. 

Return of Vehicle or Value of Vehicle at Fair Market Rate If the vehicle was wrongfully repossessed, demand its return or equivalent compensation for unlawful conversion.

II. Tax and Reporting Compliance Immediate Issuance of IRS Forms 1099-A and/or 1099-C Required upon vehicle repossession or debt discharge.

Failure to issue such forms violates IRS rules ( see IRS Pub. 4681, 6050P, and 6050J ).

Correction of All Credit Reporting Entries Remove all negative tradelines and derogatory marks from XXXX XXXX, and XXXX  due to wrongful repossession and illegal securitization without disclosure.

III. Legal Liability & Violations Acknowledgment Written Acknowledgment of the Following Violations : Truth in Lending Act ( TILA ) : Failure to disclose the true creditor and securitization ; Fair Credit Reporting Act ( FCRA ) : False and misleading credit reporting ; Fair Debt Collection Practices Act ( FDCPA ) : Unlawful collection practices after assignment and concealment of creditor identity ; UCC 9-210 and 9-601 et seq. : Unlawful repossession without proper notice or verified debt ownership ; Breach of Fiduciary Duty : Failure to act in good faith regarding disclosures, repossession, and tax reporting ; Fraud and Constructive Fraud : Misrepresenting the nature of the loan and monetizing the instrument while pretending to remain a creditor.

IV. Civil and Criminal Referral Notice Cease-and-Desist from Reporting or Collecting on this Fraudulent Debt Including all attempts at collection, third-party agency contacts, or further derogatory reporting.

Notice of Intent to File Civil Suit and Regulatory Complaints With the CFPB, FTC, State Attorney General, IRS ( Form 3949-A ), and any other agencies due to : Fraudulent inducement ; Securities fraud ( if loan was pooled/securitized under REMIC/MBS structures ) ; Unlawful repossession and breach of commercial contract law.

V. Demand for Settlement and Damages Monetary Settlement for Economic and Non-Economic Damages Emotional distress, loss of transportation, loss of credit opportunity, and reputational harm.

Proposed settlement : $ [ Insert dollar amount, typically 3x actual damages or more under TILA/FDCPA ].

Release of Any Claimed Indebtedness Due to material fraud, unjust enrichment, failure of consideration, and lack of standing as a lawful creditor post-securitization.

VI. Timeline and Response Requirements Written response required within XXXX business days of receipt. 

Failure to respond shall be construed as tacit agreement and default, reserving the right to proceed with civil suit, IRS reporting, and public lien and bond claim filings.

Company response to consumer: Closed with explanation