Consumer complaint received 2025-12-21 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Deficiency balance after repossession
Company: Exeter Finance, LLC.
State: OH

Complaint narrative:
Dear Consumer Financial Protection Bureau, I am submitting this formal regulatory complaint against Exeter Finance LLC ( Exeter ) for willful violations of the Fair Credit Reporting Act ( FCRA ), Uniform Commercial Code ( UCC ), and state consumer protection laws, arising from Exeters continued reporting of a repossession and deficiency balance that is legally unenforceable and materially inaccurate. 

This complaint follows Exeters CFPB response dated XX/XX/XXXX. That response contains admissions and omissions that establish ongoing statutory violations warranting enforcement action and mandatory deletion of the tradeline. 

-- - # # # I. DEFECTIVE AND INVALID NOTICE VIOLATIONS OF UCC 9-611, 9-614, AND 9-625 Exeter admits that the mailing address used for statutory notices differs from my correct address. Under : * * * UCC 9-611 ( b ) * * A secured party must send reasonable authenticated notification of disposition to the debtor; * * * UCC 9-614 * * Consumer-goods transactions require strict compliance with content and delivery requirements; * * * UCC 9-625 ( c ) ( 2 ) * * Failure to comply with notice provisions bars recovery of any deficiency and subjects the creditor to statutory damages. 

Mailing notices to an incorrect address is legally insufficient and voids Exeters right to enforce or report any deficiency balance. Exeter failed to provide proof of delivery, receipt, or compliance with statutory notice requirements. 

-- - # # # II. COMMERCIALLY UNREASONABLE SALE VIOLATIONS OF UCC 9-610, 9-626 Exeter repossessed the vehicle XXXX XX/XX/XXXX, yet delayed sale until XX/XX/XXXX more than one year later without justification or documentation.

Under : * * * UCC 9-610 ( b ) * * Every aspect of disposition, including timing, must be commercially reasonable; * * * UCC 9-626 ( a ) * * The secured party bears the burden of proving commercial reasonableness; * * * UCC 9-626 ( b ) * * Failure to meet this burden eliminates entitlement to a deficiency. 

Exeter provided no condition reports, storage logs, auction records, valuation evidence, or depreciation accounting. The deficiency is therefore void as a matter of law. 

-- - # # # III. UNLAWFUL CREDIT REPORTING MULTIPLE FCRA VIOLATIONS Exeters continued reporting violates multiple provisions of the Fair Credit Reporting Act, including : * * * 15 U.S.C. 1681e ( b ) * * Reporting information without reasonable procedures to ensure maximum possible accuracy; * * * 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) * * Furnishing information known or that should be known to be inaccurate; * * * 15 U.S.C. 1681s-2 ( b ) ( 1 ) * * Failure to conduct a reasonable investigation upon notice of dispute ; * * * 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( C ) * * Failure to correct or delete information that can not be verified ; * * * 15 U.S.C. 1681c ( a ) ( 4 ) * * Reporting misleading adverse information resulting from legally invalid debt. 

Reliance on internal records does not satisfy FCRA investigative obligations once legal validity is challenged. 

-- - # # # IV. WILLFUL NONCOMPLIANCE AND CIVIL LIABILITY FCRA 1681n, 1681o Exeters refusal to delete the tradeline after being placed on notice constitutes * * willful noncompliance * *, exposing it to liability under : * * * 15 U.S.C. 1681n * * Statutory damages, punitive damages, and attorneys fees for willful violations; * * * 15 U.S.C. 1681o * * Actual damages and attorneys fees for negligent violations. 

-- - # # # V. DECEPTIVE AND UNFAIR PRACTICES CFPA & STATE UDAP LAWS Exeters conduct also violates : * * * Consumer Financial Protection Act ( 12 U.S.C. 5531 & 5536 ) * * Prohibiting unfair, deceptive, or abusive acts or practices ( UDAAP ) ; * Applicable * * State Unfair and Deceptive Acts and Practices ( UDAP ) * * statutes by misrepresenting legal enforceability of a deficiency balance and continuing harmful credit reporting. 

-- - # # # VI. DISPUTED NOTATION DOES NOT CURE INACCURACY Merely marking the account as disputed does not absolve Exeter of liability when the underlying information is false, misleading, or legally unenforceable. Courts have consistently held that disputed status does not substitute for accuracy. 

-- - # # DEMAND FOR REGULATORY ACTION AND RELIEF I respectfully request that the CFPB : 1. Require Exeter Finance LLC to * * immediately delete the tradeline * * from all consumer reporting agencies ; 2. Order Exeter to * * cease all reporting and collection activity * * related to this account ; 3. Consider * * regulatory enforcement action * * for willful FCRA and CFPA violations ; 4. Require written confirmation of compliance.

This complaint documents Exeter Finance LLCs continued furnishing of inaccurate, misleading, and legally invalid credit information despite notice, thereby harming consumers and undermining the integrity of the credit reporting system. 

Thank you for your attention to this matter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation