Date Received: 2022-03-19
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: XX/XX/XXXX Notice to Agent is Notice to Principal. Notice to Principal is Notice to Agent To : ALLY FINANCIAL XXXX XXXX XXXX XXXX, MN XXXX XXXX Re : AUTO LOAN Re : XXXX To Whom It May Concern, For the record on the record and let the record show that I, XXXX XXXX ( blood flesh human being, Natural Person XXXX XXXX am not XXXX, XXXX XXXX, XXXX or XXXX nor a XXXX or XXXX artificial corporate construct written in all capital letters XXXX XXXX of unclean hands of others, Declare that : I reserve all of my rights and do not waive any of my rights. In response to the alert posted to the account in the intent to extract unconstitutional money, bill of attainders and law impairing the obligation of contracts I conditionally accept your offer upon proof of your claim that my signature for Account # XXXX did not 100 % pay off my loan in full at closing with XXXX XXXX XXXX XXXX XXXX of XXXX in XXXX, PA. I also conditionally accept your offer upon proof of the Original Wet Ink Contract as proof of obligation to pay any alleged debt to ALLY FINANCIAL.. *If you have purchased and/or acquired a debt, it is YOUR obligation to pay it. As the account shows no negative charge to owe. Constitution for the United States of America Republic Article VI : This Constitution, and the laws of the United States which shall be made in pursuance thereof ; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States. Constitution for the United States of America Republic - Article I section 10 : No state shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make anything but gold and silver coin tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. Pursuant to Congress House Joint Resolution 192 Chapter. 48, St. 112 The Federal Government shall discharge Dollar for Dollar all debt. Contract is derived from the Old Moorish Latin word, contrahere and means to draw ; to agree upon ; to establish by agreement ; to enter upon ; and to undertake, mutually. Contracts are essentially manifest written or oral agreements or covenants that are mutually entered into by two or more parties : involving or bringing the said parties into conditional obligations which are enforceable by Law. Contracts may be classified in accord with the nature and elements that initiated their constructions, etc. A Contract is thusly a Promissory Note or Covenant made between the identified and the competent parties that Creates. Modifies or Destroys a legal relation, upon sufficient and non-vague considerations, which demands of a party to the contract to do or perform, or not to do or perform, a particular thing. A valid and lawful contract must meet the following criteria : A. A Contract must show, in its preliminary making and construction, the clear and Substantive Offer made by one party, and demonstrate the Mutual Acceptance affirmed by the other party. B. A Contract must be producible ( and exist in evidence ) upon demand made by either party to the Contract, which in itself, may be in question, dispute, or controversy. C. A Contract must be produced in manifest writing, ( evidence ) and contain the details of the agreements, debts, or promises, with all the terms, the obligations, and the conditions, which clearly show and serve as proof that a valid and enforceable obligation, promise, or debt, exists. D. A Contract must be a deliberate and conscious agreement made between competent parties. E. A party to a contract can not be a minor. F. A Contract must be entered into by free-will. G. A Contract must not be created under threat, duress, or coercion, lest it be void in law. H. A Contract must be substantive and germane to the subject matter. I. A Contract must be of legal consideration. It can not be based on an unlawful consideration. J. A Contract must possess Mutuality of Agreement, and Mutuality of Obligation. K. A Contract must not be vague, unclear, uncertain, nor can it contain terms or conditions that are not ascertainable. L. A Contract must show valid signatures of the parties to the Contract instrument, in order to verify its validity in law. ( WET INK SIGNATURE OF ORIGINAL CONTRACT ) Note : If a Contract fails to satisfy the laws that govern its making or construction, then any such Contracts is void Ab Initio, and is considered dead in the view of Law. I, name am Not a Consumer as defined by the Fair Debt Collection Practices Act ; Subsection 803 ( 3 ). The term consumer means any natural person obligated or allegedly obligated to pay any debt. If Re-insertion of a negative item is included with closure of account Consumer Financial Protection Bureau will be notified for an investigation. A UCC-11 Information Search will be submitted For the Record and filed in my financing statement as proof of no debt existing. Res Judicata/ Stare Decisis Failure to reveal the material facts of a license or any agreement is immediate grounds for estoppel. Lo Bue v. Porazzo, 48 Cal.App.2d 82, 119 Fraud is any kind of artifice employed by one person to deceive another. Goldstein v. Equitable Life Assur. Soc. Of U.S., 160 Misc. 3664, 289 N.Y.S. 1064, 1067. Fraud is a generic term, embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to get advantage over another by false suggestions or by suppression of truth, and includes all surprise, trick, cunning, dissembling, and any unfair way by which another is cheated. Johnson v. McDonald, 170 Okl. 117, 39 P.2d 150. Bad faith and fraud are synonymous, and also synonyms of dishonesty, infidelity, faithfulness, perfidy, unfairness, etc. Joiner v. Joiner, Tex. Civ. App., 87 S.W.2d 903, 914, 915. Accord and satisfaction if done once Is sufficient even if an additional payment is tendered at a later date. Should a debtor make such an additional payment, said debtor is entitled to Reimbursement of all subsequent payments. Austin v. Padgett, Miss. 1996, 678 so. 2d 1002 1 ) I Thank you in advance for your immediate and express cooperation and service. You have 10 ( ten ) days, upon receipt of this Certified Mailing of this Affidavit of Fact : Writ in the Nature of Discovery to rebut the foregoing facts constituting this Affidavit of Fact as well as the form ( s ) 1099- OID ( Original Issue Discount ), XXXX, and XXXX of the alleged Account number # XXXX Failure to competently rebut this Affidavit of Fact point for point renders any and all judgment in my favor by default tacit acquiescence. Please send me the following requested documents constituting this Affidavit of Fact 2 ) Proof of your claim that my signature for Account # XXXX did not 100 % pay off my loan in full at closing with ALLY FINANCIAL.. 3 ) Proof of the Original Wet Ink Contract as proof of obligation to pay any alleged debt to ALLY FINANCIAL. 4 ) Form ( s ) 1099- OID ( Original Issue Discount ), 1099-INT, and W-9 of the alleged Account # XXXX XXXX ) If you can not provide the rebuttal to this Affidavit of Fact point for point with the following documents that are listed then I am demanding you to clear this debt amount of {$21000.00} that is attached to the alleged account # XXXX. with all 3 credit bureaus within 10 days of this Certified Mailing. Failure to competently rebut this affidavit point for point along with the requested documents renders any and all judgment legally and lawfully in my favor by DEFAULT and will be used as Evidence in the court of law. Honor Always, XXXX XXXX, American Citizen ALL RIGHTS RESERVED U.C.C 1-308
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DE
Zip: 19701
Submitted Via: Web
Date Sent: 2022-03-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-18
Issue: Money was not available when promised
Subissue:
Consumer Complaint: On XX/XX/22, I requested by phone Ally Bank transfer {$930.00} of interest from a High Yield 5-year CD to an account at another bank. I was told it would be done within 5 days. It never happened. On XX/XX/22, I called back, received an apology from employee XXXX and promised it would be taken care of that day and I would receive number showing it has taken place. I received reference # XXXX ; however, again nothing was done, no transfer. On XX/XX/22 I called for the 3rd time and requested a supervisor. I spoke with XXXX, who promised the transaction would be completed by the next day and that I would receive either a call or email confirming. I was not contacted and again nothing happened. I then called again on XX/XX/22 and spoke with XXXX ( from the Leadership Team ), who promised this would be immediately taken care of and I would be notified by the next day regarding the completion of transfer. Again, I have heard nothing, and no transfer has been started.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 08055
Submitted Via: Web
Date Sent: 2022-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-18
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: In XXXX of 2021 my college savings account was breached and scammed of over {$14000.00}. I immediately went straight to my bank and submitted files of fraud and talked with a representative over the phone who helped me summit my complaints of the fraudulent transactions and we made new accounts, passwords, and locked down my old accounts so that whoever did this was unable to do anymore damage. Ally also provided me the full provisional credit of the money lost while they were investigating the fraudulent transaction. When XXXX came, I was finalized roughly $ XXXX {$6000.00} worth of the money that was lost on the same date and time of the scam by the user that breached my account. However over {$9000.00} that was lost on THE SAME DATE AND TIME DUE TO THE SAME FRAUDULENT ACTIVITY TO THE SAME MERCHANT was deemed to be approved because I had " relationship with the merchant ''. This makes no sense whatsoever and is unfair to me as a loyal customer especially when Ally Bank is FDIC covered and I have never had history of such transactions or any problems like this before. These accounts are strictly used for college and college purposes only and my past transactions with these accounts clearly show this! I complained once more with Ally, and they told me to talk with the merchant and I did, and the merchant said that someone created an account under my name and basically catfished my identity. The merchant that this person used was a cryptocurrency service and said that they couldn't return my money because it is impossible... I've try working with Ally since XXXX to please help fix this mistake and they are unwilling to cooperate or change their decision. This is now my second complaint being summited to the FDIC and I ask for more to be done because this is an unacceptable loss of money by a bank who is covered by fraud protection. They even determined that whoever committed the fraud had internal access! Again, Ally 's dispute team is unwilling to work with me anymore and I ask that you please step in and resolve this huge mistake. I have read Ally 's documents and agreements and they cover % XXXX fraud protection GUARENTEE and they are FDIC covered of up to {$250000.00}. I can not except this and will keep sending complaint after complaint until this misunderstanding is resolved...
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 446XX
Submitted Via: Web
Date Sent: 2022-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-18
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have filed dispute in regards to incorrect items on my credit report. It's been well over 30 days and I still haven't receive my investigation results.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33161
Submitted Via: Web
Date Sent: 2022-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-18
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: XXXX XXXX XXXX XXXX, federal student loan were closed in XX/XX/XXXX under chapter XXXX. Acct should have been fully cleared and removed from credit under the bankruptcy signed by judge. Requesting removal of negative impact and acct from credit. Ally auto loan Acct. was held under spouses bankruptcy XX/XX/XXXX under chapter XXXX. Acct should have been fully cleared and removed from credit under the bankruptcy signed by judge. Requesting removal of negative impact and acct from credit.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 148XX
Submitted Via: Web
Date Sent: 2022-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-17
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: The company came and picked up the car. It is finance through Ally Finance. I have been trying to get them to change this car in my name due to the death of my mother. They told me that if I sent the legal documents that I could get that done. Even after making payments and paying insurance on the car full coverage they came and picked it up. The would not even help during the hard times because the car wasn't in my name or the loan wasn't in my name. I have been honest with them through this process but they haven't with me. And now I have no vehicle to get to work and I have to try to see how I am going to get to work. I was also told that I couldn't do nothing that the car was in their possession. Not even help me finance it. You talk about hurt and not only that the guy I was speaking to rudely hung up on me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: LA
Zip: 71107
Submitted Via: Web
Date Sent: 2022-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-16
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: Ally Financial is guilty of the following federal crimes : Violation of 15 USC 1681 Violation of 15 USC 1692b. ( 2 ) Violation of 15 USC 1692d.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NM
Zip: 87124
Submitted Via: Web
Date Sent: 2022-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-15
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: I have lease with Ally Financial. On XX/XX/2021, I got a late payment because I had contracted XXXX and I was in the hospital for more then a month. I was fighting XXXX for my life, if I didn't contract the XXXX, I would never get a late payment in my life. The lender doesn't want to be understanding and work it out. They told me it was late and and I can't change that even though I had no way to pay it off on time while hospitalized.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 91406
Submitted Via: Web
Date Sent: 2022-03-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-15
Issue: Managing an account
Subissue: Problem using a debit or ATM card
Consumer Complaint: Since XX/XX/2022, Ally Bank 's debit cards have not been working for a number of customers including myself. I called to find out why my debit card was not working on XX/XX/XXXX, and was told that they were issuing new cards to customers due to a change of a back end system, and all affected customers ' current cards would not work and we need to wait until the new card arrives to activate that card. For me, this is expected to happen on XX/XX/XXXX. As a result, I have not had access to approximately {$13000.00} of funds in my accounts and won't until the new card arrives. Ally is not able to provide a work around for this, and is refusing to help make things right with account holders such as myself.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CO
Zip: 80017
Submitted Via: Web
Date Sent: 2022-03-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-16
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: In XXXX of XXXX, my wife and I leased a XXXX XXXX XXXX XXXX through Ally Auto. The lease was slate to end in XXXX of XXXX, but instead we paid a monthly amount of {$970.00} for an extended 6 months and we were trying to purchase the truck during that time. Ally did not give us a definite answer and we turned in the vehicle to XXXX XXXX, a designated auto dealer. We reviewed our contract that was signed and we were not to pay for any extra mileage. Ally started sending letters and calling us daily about a {$26000.00} balance we had. I personally told them that they need to review the contract and apparently could not provide us with any proof that we owed them for mileage. This issue has since posed a problem, because Ally Auto is reporting the closed account as open and also reporting it as an open loan. We spoke with them again and was told that the issue was escalated to management and this has been over 2 months without results.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77373
Submitted Via: Web
Date Sent: 2022-03-16
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A