Date Received: 2021-02-05
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: There are unknown hard inquiries on my credit report. Im requested the verification of the inquiries and the method of verification. TD AUTO FINANCE Requested On : XX/XX/2019, XXXX XXXX XXXX Requested On : XX/XX/2019, XXXX XXXX XXXX Requested On : XX/XX/2019. But companies did not provide the following proof : Permissible Purpose My written authorization Proof that I personally initiated these inquiries. I did not authorize anyone employed by these companies to make any inquiry and view my credit report. This is a violation of the Fair Credit Reporting Act Section 1681b ( c ) and a serious breach of my privacy rights.
Company Response:
State: IL
Zip: 60169
Submitted Via: Web
Date Sent: 2021-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-05
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: My credit score keeps going down due to accounts I do not have I called target and XXXX XXXX to fix the issue because I never opened accounts with them and it still shows that those accounts are delinquent these delinquent accounts are really affecting my credit
Company Response:
State: CA
Zip: 90280
Submitted Via: Web
Date Sent: 2021-02-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-05
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I checked my credit report when purchasing a vehicle, that is when I realized I am a victim of identity theft. I filed a report with the F.T.C and my local police department. I send all documents to the C.R.A and Nordstrom and XXXX. The Account Opened is Nordstrom Account Number : XXXX Date Opened : XX/XX/XXXX Balance : {$92.00}. The Account Opened is XXXX Account Number : XXXX Date Opened : XX/XX/XXXX Balance : $ XXXXI have never opened an account with them, I am a victim of identity theft and I need this resolved and removed from my name and credit bureaus.
Company Response:
State: CA
Zip: 91352
Submitted Via: Web
Date Sent: 2021-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-05
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: NORDSTM/TD XXXX OPENED : XX/XX/16 BALANCE : {$0.00} I am concerned with the validity and reliability within your current evaluation and the late payments needed for this account and exactly how it is reporting on my credit report. About 45 days ago I applied for an inspection considering the fact that I noticed the item seriously isn't being noted lately. To my big surprise, I have gotten a mail revealing that your assessment was completed and that the item had been " confirmed as exact. By Section 1681 ( g ) please be sure to provide me personally along with a summary of the approach accustomed to authenticate the account is " accurate '' and post me the name and addresses of persons emailed in every policy found in the FCRA.
Company Response:
State: FL
Zip: 33127
Submitted Via: Web
Date Sent: 2021-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-04
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: An account was fraudulently opened in my name on XX/XX/2019 by TD Bank USA Target Credit with a current balance of {$560.00} According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify - through the physical verification of the original signed consumer contract - any and all accounts you post on a credit report. Otherwise, anyone paying for your reporting services could fax, mail or email in a fraudulent account. I demand to see Verifiable Proof ( an original Consumer Contract with my Signature on it ) you have on file of the accounts listed below. Your failure to positively verify these accounts has hurt my ability to obtain credit. Under the FCRA, unverified accounts must be removed and if you are unable to provide me a copy of verifiable proof, you must remove the accounts listed below. I demand the following accounts be verified or removed immediately. Accuser has failed to provide any evidence of either the injurious derogatory claim 's verifiable validity NOR any documented certification of compliance as reporting, each mandatory condition to report so DELETE NOW! Item is mine YET is NOT proven COMPLIANT in its reporting. As reported, Item is mine YET is NOT LEGALLY REPORTABLE due to being one or more of untrue, erroneous, incomplete, unverifiable, invalid, or else wise NOT proven COMPLIANT in its reporting. As of yet, there is no document evidence of VERIFIABLE VALIDITY of claim much less of the mandatory PERFECT and certified Metro 2 compliance of reporting AS REPORTED, a minimal condition of REPORTING regardless if item is true or not. You are of no legal option but to lawfully and permanently rectify your now current not compliant reporting by immediate removal of any and all derogatory claims and or modification to a perfect and COMPLIANTLY REPORTED status. Your hesitation will be assumed your willful derelict of responsible regulatory reporting and infraction-ous injuriously deceptive reporting, BOTH grounds for my civil complaint and seeking of monetary resolution and punitive damages versus you shall you hesitate or refuse to report compliantly and only verifiably valid information, true or not! I demand the following accounts be verified or removed immediately.
Company Response:
State: CA
Zip: 90047
Submitted Via: Web
Date Sent: 2021-02-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-05
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Pursuant to N.C. Uniform Commercial Code 25-1-304 every contract implies good faith and fair dealing between the parties to it. This implied covenant provides " that neither party shall do anything that will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract. In the debt collection context, breach of the covenant of good faith & fair dealing may be applied to the actions of the original creditor or the debt collector. In regards to the original creditor 's actions, it may be applied where the facts indicate the creditor acted in an unfair, misleading, sneaky, or extremely advantageous manner. I XXXX XXXX have attached to this complaint a affidavit and exhibits of witnessed TD Auto Finance LLC and debt collectors XXXX XXXX XXXX XXXX and XXXX XXXX XXXX violations of Federal and State law with Unconscionable, Unfair, and Deceptive Debt Collection Practices with Unfair and Deceptive Trade Practices as Debt servicer posting as Original Creditor for convenience of debt collection activities. Title 15 USC Chapter 41 1641 ( g ) Notice of new creditor ( 1 ) In general In addition to other disclosures required by this subchapter, not later than 30 days after the date on which a mortgage loan is sold or otherwise transferred or assigned to a third party, the creditor that is the new owner or assignee of the debt shall notify the borrower in writing of such transfer, including ( A ) the identity, address, telephone number of the new creditor ; ( B ) the date of transfer ; ( C ) how to reach an agent or party having authority to act on behalf of the new creditor ; ( D ) the location of the place where transfer of interest in the debt is recorded ; and ( E ) any other relevant information regarding the new creditor. I never received a notice of New Creditor changing from the listed creditor on the Installment Contract if TDAF is not a debt servicer and debt collection agency. Under the Consumer Credit Protection Act Title 15 USC Chapter 41 1641 ( f ) any treatment of the SERVICER of the XXXX XXXX XXXX Intangible Obligation as an OWNER of the XXXX XXXX XXXX Intangible Obligation would be in violation of Federal Statute. As this assignment to TD Auto Finance, LLC, a XXXX XXXX XXXX XXXX would be in violation of Federal Statute if TDAF was not the OWNER of the XXXX XXXX XXXX Intangible Obligation, TDAFs claim of rights to the XXXX XXXX XXXX Intangible Obligation is either a fraudulent claim or TDAFs actions under the claim of ownership are in violation of Federal Law. 15 USC Chapter 41 1641 ( f ) Treatment of servicer ( 1 ) In general A servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of such obligation for purposes of this section unless the servicer is or was the owner of the obligation. ( 2 ) Servicer not treated as owner on basis of assignment for administrative convenience ; A servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as the owner of the obligation for purposes of this section on the basis of an assignment of the obligation from the creditor or another assignee to the servicer solely for the administrative convenience of the servicer in servicing the obligation. Upon written request by the obligor, the servicer shall provide the obligor, to the best knowledge of the servicer, with the name, address, and telephone number of the owner of the obligation or the master servicer of the obligation. North Carolina Law provides the following regarding securitized assets acquired by True sale assignment without recourse without disclosure to the consumer as maker or investor ; N.C.G.S. 53-426. Waiver of equity of redemption. ( a ) Notwithstanding any other provision of law, except to the extent otherwise set forth in the transaction documents relating to securitization, all of the following apply : ( 1 ) Any property, assets, or rights purported to be transferred, in whole or in part, in a securitization or in connection with a securitization are considered no longer the property, assets, or rights of the transferor, to the extent purported to be transferred. Under UCC Article 9 accounting record requests have failed, no proof of possession has been provided. No proof of non e-signed note has been provided given the note can not be negotiated electronically by law. No response to Rule 36 Request for Admissions, no signed affidavit regarding GAAP scouting for the has been returned, and my Affidavit has been unrebutted. There is no issue regarding the material facts, yet despite terminating security interest un TILA, Dodd Frank, and Regulation Z due to fraudulent concealment and inducement TDAF and agents file a frivolous action XXXX county. No 1692 ( g ) validation has been provided and collection has not ceased. 15 U.S. Code 1692e with several false and misleading representations as owner, not debt servicer, not debt collector despite registration, false representation as holder in due course by possession or control, false representation of character and amount after security termination with fraud tolled TILA rescission, use of false representation or deceptive means to collect or attempt to collect the alleged debt, XXXX XXXX did disclose in initial communication with consumer this is an attempt to collect a debt. 15 U.S. Code 1692f affidavit and exhibits contains several unfair practices and unconscionable means to collect after terminating security interest. 15 U.S. Code 1692j TDAF is not the true party of interest as documents allude and many exhibits attached show deceptive forms. No UCC 9-210 accounting requests have been provided for compliance. Promissory Note ( Intangible eNote / Intangible Payment Obligation ) = An electronic transferrable record ( created during securitization ) and signed in accordance with ESIGN Act that commits the maker ( Account Debtor or Intangible Obligor ) to pay a specified sum on demand in accordance with a contract NOT governed by UCC Article 3 to an Intangible Obligee. Transferrable records are governed by UCC Article 8 and the Security Interests securing transferrable records are governed by UCC Article 9. Security Interest ( Intangible to UCC Article 8 eNote ) = Intangible Obligations ( created during securitization by an Account Debtor ) are routinely swapped for another Intangible Obligation ( Certificates ), and as being a Transferable Record such transaction would fall under governance of UCC 8. For this Certificate Intangible to be secured by an Intangible Account Debtor 's Personal Property, the negotiation of the Intangible Obligation must be in compliance with UCC 8 as it applies to Transferable Records. As to the Personal Property securing the Transferable Record, UCC 9 would provide governing law. The purpose of the Retail Installment Contract document is to simply memorialize the purported sale of the XXXX XXXX XXXX Tangible Promissory Note and the acquiring of rights ; it does not cause the sale nor the acquiring of rights. The sale is to be done in accordance with statutory requirement of law N.C.G.S. UCC 25-7-501, which has not happened. The acquiring of rights is to be done in accordance with statutory requirement of law N.C.G.S. UCC 25-3-203, which has not happened. N.C.G.S. UCC 25-7-501. Form of negotiation and requirements of due negotiation ( A ) The following rules apply to a negotiable tangible document of title : ( 1 ) If the document 's original terms run to the order of a named person, the document is negotiated by the named person 's indorsement and delivery ( emphasis added ) N.C.G.S. UCC 25-3-203 ( D ). Transfer of instrument ; rights acquired by transfer ( D ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur, the transferee of that instrument obtains no rights under this chapter, and the transferee of that instrument has only the rights of a partial assignee. N.C.G.S. 25-9-102. Definitions and index of definitions - UCC 9-102 ( A ) As used in this chapter, unless the context requires otherwise : ( 3 ) " Account debtor '' means a person who is obligated on an account, chattel paper, or general intangible. " Account debtor '' does not include a person who is obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper. ( emphasis added ) The FTC Act and Dodd-Frank generally prohibit deceptive and unfair practices, and both the FTC and CFPB have used this umbrella to punish creditors for unfair and deceptive debt collection issues even where they were not covered by the FDCPA. The FTC Acts general prohibition in absence of FDCPA coverage stating that even if the FDCPA doesnt apply, your collection activities are still covered by Section 5 of the FTC Acts general prohibition against deceptive or unfair practices. [ T ] he FTC has taken action under Section 5 when first-party creditors engage in other practices expressly prohibited by the FDCPA. In 2013, the Bureau issued Compliance Bulletin XXXX, which clearly laid out its position : [ a ] lthough the FDCPA definition of debt collector does not include some persons who collect consumer debt, all covered persons and service providers must refrain from committing UDAAPs in violation of the Dodd-Frank Act. The North Carolina Fair Debt Collection Practices Act applies to any debt, including those claiming to be collecting their own debt.
Company Response:
State: NC
Zip: 28269
Submitted Via: Web
Date Sent: 2021-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-05
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: I have purchased exercise equipment from XXXX XXXX XXXX TD Retail Card Services XXXX where it supposed to be interest free for 3 years at a monthly rate of {$42.00} per month due on the XXXX of every month. The first payment that was due was on XX/XX/XXXX. I have faithfully made every payment before the due date but they have been adding late charges on every month because I have not paid them more than the agreed {$42.00} per month. In XXXX they added at {$38.00} late fee for something that was not late. Every month since then, they have been adding the same late fee because. They claim that I owe {$140.00} in late fees which I do not. I have the following cashed checks : Here are the posted paid dates on the checks from my bank : XX/XX/XXXX for XX/XX/XXXX payment. XX/XX/XXXX for XX/XX/XXXX payment. XX/XX/XXXX for XX/XX/XXXX payment. XX/XX/XXXX for XX/XX/XXXX payment. XX/XX/XXXX for XX/XX/XXXX payment. XX/XX/XXXX for XX/XX/XXXX payment. XX/XX/XXXX for XX/XX/XXXX payment. XX/XX/XXXX for XX/XX/XXXX payment. XX/XX/XXXX for XX/XX/XXXX payment. XX/XX/XXXX for XX/XX/XXXX payment. I want them to remove all of the late payment charges effective immediately and reverse the bad report to the credit bureau. I have contacted them on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX for them to resolve it but they still have not. They also reported to the credit bureau that I have not paid late payments. Sincerely Mr. XXXX XXXX
Company Response:
State: PA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-02-24
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-04
Issue: Managing an account
Subissue: Problem using a debit or ATM card
Consumer Complaint: On the nite of XX/XX/XXXX, I made an {$1800.00} ( or possibly {$1900.00} ) deposit into the ATM in the XXXX NY branch of TD bank, ,for my account # ending in XXXX ( my corporate account ) and I did not complete the transaction fast enough. ATM kept my money and ATM card. I called and filed a dispute about this problem ( and also a similar problem I had with another account ( acct # endingXXXX, -- my personal account ) at this same ATM on XX/XX/XXXX. I did not know the exact amount of that deposit. I was told that in order to file a dispute, I needed to.provide an amount so I said {$300.00} though i made it clear i did not think it was {$300.00}. The person who took this complaint filed both disputes as part of the XXXX account instead filing the XX/XX/XXXX dispute for the XXXX account and I believe this has caused massive confusion. I never got my {$1800.00} and I have refiled my dispute 3 more times -- total 4 times. Each time I call, the bank treated the dispute as a new dispute, and tells me that I will get a letter in 10 business days -- we are at 36 days and counting at this point TD has a dispute department but company policy is such that.the department will not take calls, so I keep explaining what happened to customer service agents who I understand just have a screen with a an small amount of space to explain the situation to the dispute dept and I am sure the space is inadequate to explain what happed.in my case TD has video cameras so I'm sure they can see I put in the money but as I understand it, the ATM is actually handled by an outside company and I dont think there is adequate communication or cooperation between the bank and the outside company. I want my money and if I do not get it soon, I'm going to take the bank to small claims court. This is my final attempt before I file with the court, so you should advise them to keep their video and all their records, which I will subpoena, if I don't get my money ASAP.. Once I go through the trouble to file the complaint and prepare the supbeona duces tecum , I will not withdraw it. I point out that I never used an ATM before covid and this is about my 5th -- all but one of which were specifically with the TD XXXX ATM -- problem with ATM deposits and bank personnel at the branch Iindictate they are trying to get the ATM replaced because it gives them a lot of trouble.
Company Response:
State: NY
Zip: 10977
Submitted Via: Web
Date Sent: 2021-02-04
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-04
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I checked my credit report when purchasing a vehicle, that is when I realized I am a victim of identity theft. I filed a report with the F.T.C and my local police department. I send all documents to the C.R.A and Chapter XXXX Bankruptcy. The Account Opened is Chapter XXXX Bankruptcy Account Number : XXXX Date Opened : XX/XX/XXXX Balance : {$0.00}. The Account Opened is Chapter XXXX Bankruptcy Account Number : XXXX Date Opened : XX/XX/XXXX Balance : {$0.00}. The Account Opened is TD Bank Target Account Number : XXXX Date Opened : XX/XX/XXXX Balance : {$290.00}. The Account Opened is XXXX XXXX Account Number : XXXX Date Opened : XX/XX/XXXX Balance : {$440.00}. I have never opened an account with them, I am a victim of identity theft and I need this resolved and removed from my name and credit bureaus.
Company Response:
State: CA
Zip: 91202
Submitted Via: Web
Date Sent: 2021-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-04
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: There are incorrect late payment on my credit with this company resulting in me not being able to purchase a home that I was already approved for and then went under contract and because of this I can no longer purchase a home and am not without a place to live
Company Response:
State: NC
Zip: 286XX
Submitted Via: Web
Date Sent: 2021-02-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A