Date Received: 2022-03-15
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX GA XXXX XXXX XXXX XX/XX/XXXX AFFIDAVIT OF TRUTH In The Matter Of : XXXX XXXX, a man / woman To : Ally Financial, a women/man : CERTIFIED MAIL Receipt # This is a formal notice to agent is notice to principal. Notice to principal is notice to agent ; nunc pro tunc. Dear Ally Financial, a woman/man, Notice, it is a Fact, that, I, agent for principal XXXX XXXX and affiant, I am a federally protected consumer, holder in due course, attorney in fact, for any and all derivatives thereof for the surname/given name and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I will autograph for my given name, XXXX XXXX and as the agent and administrator in fact. Notice, it is a fact, affiant has reason to believe and do so believes, Ally Financial is a financial institution as defined under 15 U.S. Code 6827 ( 4 ) ( B ). Notice, it is fact, unless Ally Financial can provide a policy or state law which shows that the aforementioned policy or state law supersedes federal law, I hereby invoke the law of presumption and invoke federal law in to address the subject matter in the affidavit herein. You, a woman/man, have engaged in multiple violations against I, a woman, the affiant without right. I recently looked at my car contract and found many issues that are in direct violation of my consumer rights under 15 U.S. Code 1605 and 16 CFR 433.1d. I am a woman, the consumer and affiant in fact it is my understanding that I am going to tell the truth the whole truth in all matters here. Having so qualified my testimony I now take my affidavit and submit it into court record in full and state that everything in my Affidavit is the truth and the whole truth for the record. Made under penalty of perjury. I, a woman, the consumer in fact has personal knowledge of, and asseverate the following : 1. Notice, it is a Fact, I, a woman, the consumer, and affiant know that The Fair Credit Reporting Act 15 USC 1681 was made by congress to ensure accuracy and fairness of credit reporting. The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 2. Notice, it is a Fact, I, a woman, the consumer knows that on XX/XX/XXXX, I purchased a XXXX XXXX XXXX from XXXX XXXX XXXX XXXX and XXXX. I know that 16 CFR 433.1d is a purchase money loan that is a cash advance which is received by a consumer in return for a finance charge within the meaning of the Truth in Lending Act and Regulation Z ( see exhibit C ). I was never disclosed about a purchase money loan let alone knowing that it was actually a cash advance that was due to me. The salesman never made me aware of this during the consummation of the contract. Another violation was the withholding or not being disclosed that I was signing this money over to the finance company Ally Financial. I was told that Ally Financial would be the one who was lending me the money when in fact that was false and a lie and a violation of my consumer rights. Under the Truth in Lending Act and Regulation Z, I was lied to by the creditor because I was really giving them my cash advance, I never knew about from my purchase money loan that was due to me and signing it over to the finance company. As a consumer, I legally have a right to know that my signature is being sold/transferred to another party and the process of the finance charge. The contract is a XXXX XXXX XXXX not a XXXX XXXX XXXX as stated on top which is another lie and violation. The contract was with XXXX XXXX XXXX XXXX and XXXX but somehow Ally Financial got involved without me knowing and being fully disclosed on how. How can the dealership transfer/sell my signature and the security interest in the vehicle to another party when the contract I have with them is not even binding because technically their signature is not even on contract because the dealership can not speak nor talk so how do they have any control over what happens to the contract ; they dont. I walked into the dealership to purchase a vehicle under a consumer credit transaction per law 15 USC1602 ( see exhibit D ) and I am the original creditor per law 15 USC 1692A ( 4 ) ( see exhibit E ) but was not made aware or fully disclosed that my signature and cash advance from the purchase money loan was being sold/given to another party which is Ally Financial. This is a violation of my rights which voids the entire contract altogether. 3. Notice, it is a Fact, I, a woman, the consumer and affiant also know that 15 U.S. Code 1605 is determination of finance charge which is defined as the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges. The finance charge does not include charges of a type of payable in a comparable cash transaction. If the finance charge supposed to be the sum of all charges and does not include charges comparable to cash, then why was I required and told by said dealership above and in question that I had to make a down payment in order to get the vehicle. I made a down payment of {$17000.00} cash but was not made aware or disclosed by the creditor XXXX XXXX XXXX XXXX and XXXX on XX/XX/XXXX, that I actually was not required to make said payment because its included in finance charge, but it is also illegal under 15 U.S. Code 1605. Definition of finance is to provide funding for something and in this case the funding was for a vehicle but how can I be given money for a vehicle but at the same time have to give cash in order to get the funding. This is the purpose of truth and lending to fully disclose what my finance charge is and everything that is included and said company above has violated my consumer rights by not doing so which caused me to suffer a financial hardship because the deposit for the vehicle was my savings and I did not want to put anything down towards the vehicle but again was advised by the creditor I had to. This is a violation of my rights which voids the entire contract altogether. See exhibit A and B. 4. Notice, it is a Fact, I, a woman, the consumer, and affiant know that 15 U.S. Code 1605a explains what a finance charge includes. The finance charge should have all these included : service or carrying charge, Loan fee, finders fee, or similar charge. Fee for an investigation or credit report and Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. XXXX XXXX XXXX XXXX and XXXX a woman/man, have engaged in violations under this law because I was charged multiple fees such as inspection fee of {$21.00}, sales tax of {$2300.00}, document fee of {$75.00}, a service contract fee of {$2400.00}, and also for GAP insurance. On the contract it shows these charges as an itemization of amount financed separately from the finance charge, but I shouldnt because thats more money you are adding on to the finance charge from what you already said I was paying under the finance charge at top of the contract. Insurance is supposed to be included in the finance charge to protect the consumer against any defaults on the vehicle, so the creditor was already paid ahead of time in the case of the vehicle purchased defaulted. Since the vehicle was a total loss back in XX/XX/XXXX, the creditor advised me I owed them money to pay off rest of loan even though they already got paid so I had to include my own insurance company to pay the creditor again through my policy and the GAP insurance that was already included. The creditor already received their money for the defaulted vehicle but got another payment from my insurance company which caused my insurance to rise since they had to payout, this is double-dipping and fraud. Again, this is another violation of my rights under 15 U.S. Code 1605 that caused me financial hardship because I had to include more money out of my pocket for these fees which raised my car note even more monthly. This goes against my consumer rights that you have violated. 5. Notice, it is a Fact, I, a woman, the consumer, and affiant know that 15 U.S. Code 1605 b and 15 U.S. Code 1605c states charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges. During the consummation of the contract, I was asked did I have insurance but never stated that my insurance premium was supposed to be included in the finance charge so was supposed to be covered. I did not receive a statement or disclosure from the creditor stating that I was entitled to have my premium included in finance charge, therefore they withheld this information and lied to me throughout this transaction which is fraud. I, a woman ... : woman, am not an expert in the law, however I do know right from wrong. If there is any man or woman damaged by any statements herein, if they inform me by facts, I will sincerely make every effort to amend my ways. I hereby and herein reserve the right to amend and make amendment to this document as necessary in order that the truth may be ascertained, and proceedings justly determined. If the parties given notice by means of this document have information that would controvert and overcome this Affidavit of Truth, please advise me In written affidavit form within ten [ 10 ] days from receipt. Provide me with your counter-affidavit, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and not merely the ultimate facts or conclusions of law, proving that this Affidavit of Truth is substantially and materially false sufficiently, to change materially my Status and factual declarations. Your silence stands as consent to, and tacit agreement of, the Claim and factual declarations made herein being established as matters of fact and matters of law. I demand refund of my down payment/cash and my purchase money loan that was supposed to be given to me upfront as a cash advance with the contingency that a proof of claim can not be brought forth by XXXX XXXX XXXX XXXX and XXXX without the requested information. I swear to all information provided herein, I do so under the penalty of perjury that the information I so affirm to be true, correct, accurate to the best of my ability and knowledge, so be it
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30344
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: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: This is fraud. Someone used my identification and used it to obtain a car. I became aware of this when I tried to go get a car and I was advised that I owed.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 219XX
Submitted Via: Web
Date Sent: 2022-03-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-14
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: In XXXX of 2022 I mailed correspondence to ALLY FINANCIAL 's registered agent XXXX XXXX XXXX certified mail with return receipt giving them 30 days to provide specific information regarding the alleged " loan '' they claim that I owe. They received the letter on XX/XX/2022. I also made a complaint to XXXX, Michigan Attorney General, the Federal Reserve, and a CFPB complaint. In the midst of this, ALLY was continuing to attempt to collect payment until I called ALLY and made them aware of the violation, which at this time ALLY was in default of the notice that was mailed. I received a letter dated XX/XX/2022 AFTER the phone call making ALLY aware of their violation. In this letter from ALLY XXXX ALLY XXXX, XXXX from XXXX XXXXr XXXX mailed correspondence that did not satisfy the requirements of the conditional acceptance. In my letter to ALLY I stated that : No negative reporting shall be furnished, there is to be no third party communication, I demanded a validation of the alleged obligation i.e. Ledgers public and private, Verification of claim- a signed invoice, and a copy of the contact between ALLY and MYSELF, and if the specific information requested can not be provided I will consider the debt discharged. I have not received the information requested. An amended opportunity to cure within 15 days has been sent on XX/XX/2022 certified mail with return receipt to again allow ALLY the chance to send what I have requested. If they can not produce what is asked ALLY and myself are to consider the debt discharged and release the lean and security interest from my vehicle and grant me my title, and reimburse the amount of {$4500.00} that has already been paid to ALLY by check to the return address on the certified letter. This is to avoid any legal action that can be taken. Additionally, prior to the conditional acceptance, I sent an indorced remittance coupon for ALLY to credit the account. There is no law stating that remittance is not a form of payment, on the contrary, this is the correct way to pay an obligation due to XXXX XXXX. I have followed the Bill of Exchange Act as how to indorce a remittance coupon and according to UCC 3-603 if tender of payment is not accepted the amount tendered to pay is to be discharged. ALLY refused the payment, and did not send the indorced coupon back which is now considered theft if my account has not been credited for the amount remitted. ALLY has instead negatively affected my account and credit report by marking it late and imposing late fees, they have also restricted my account and forcing payment in a specific way which by law should not be done. ALLY has a fiduciary responsibility to myself as the beneficiary to act in my best interest which they have not.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 19027
Submitted Via: Web
Date Sent: 2022-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-11
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: Hello, I had a leased vehicle with Ally Auto and I transferred it to another person last month. At the time of transfer I specifically confirmed that I will no longer get billed for the vehicle from the next month onwards. My account was on XXXX XXXX where my savings account would get debited, and the agent said I will no longer be billed. This month my savings account got debited and when I called in Ally said they can't reverse the payment! They said it was my responsibility to cancel the XXXX! I no longer have access to the account so I don't know how to cancel anyway. I complained that why are they sending a bill to my account anyway when XXXX mo longer have business with them! They refused to take my complaint as well. This is my savings account and I needed the fund to make a purchase towards my house and now I don't have enough funds to do the transaction! They are asking me to contact my bank to stop the payment! This is illegal.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 912XX
Submitted Via: Web
Date Sent: 2022-03-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I recently received a copy of my XXXX credit report and your company is in violation of the law! Under 15 USC 1681b - permissible purpose of consumer reports, THE LAW CLEARLY STATES YOU NEED WRITTEN INSTRUCTIONS FROM THE CONSUMER to whom it relates. Did I give you written instructions to furnish this on my credit report? That is unauthorized use! Furthermore, the FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) states EXCLUSIONS! A consumer report should EXCLUDE information solely as to transactions or experiences between the consumer and the person making the report. Your reporting on payment transactions and reporting as LATE IS IN MAJOR VIOLATION OF THE LAW. I demand you STOP REPORTING on my Consumer report and DELETE the late payments from this ACCOUNT in violation of 15 USC 1681. There is no such thing as a late payments because the account was paid in full the moment my credit card was accepted. 12 CFR 1002 2 ( a ) ( a ) Account means an extension of credit. When employed in relation to an account, the word use refers only to open end. 15 USC 1666b, A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637. Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is entirely inaccurate and incomplete, and represents a very serious error in your reporting. Ally has caused severe stress and anxiety due to the abusive and unfair practices. Failure on your behalf to DELETE LATE PAYMENTS reporting on my consumer report will result in a small claims action against your company. I will be seeking {$5000.00} in damages for the following : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violations of the Fair Credit Reporting Act
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 08104
Submitted Via: Web
Date Sent: 2022-03-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-11
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: Deposited a {$13000.00} check to a checking account. The bank on the check confirmed the money cleared and they sent it to ally. They also confirmed with Ally the check was good. We transferred some of the check to pay bills and Ally cancelled the transfer, kicked the money back, locked the account, blocked access, and transferred the entire thing to lost prevention. The people in loss prevention are the most rude, obnoxious, disrespectful people I have EVER, EVER dealt with in ANY business. I've been an Ally customer for over 5 years and now. It's been over a month. I want my money and the interest we are missing out on each day Ally keeps it. I've spoke with and tried to work with Ally but employees refuse to transfer me to a supervisor to get some insight, to work on this issue, and file complaints. XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: ME
Zip: 047XX
Submitted Via: Web
Date Sent: 2022-03-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-12
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I DISPUTED THE ACCOUNT WITH THE COMPANY AND THE CREDIT BUREAUS.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33181
Submitted Via: Web
Date Sent: 2022-03-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-13
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: Ally Financial refuses to remove negative payment history from my credit reporting. I purchased a XXXX XXXX XXXX for my husband in XXXX of XXXX, but we have since been divorced. The divorce filing was finalized on XX/XX/XXXX, which states, Husband shall retain the XXXX XXXX XXXX, titled in his name, free and clear of any claim of wife. XXXX shall be responsible for the loan on this vehicle to Ally, held XXXX name, holding wife harmless from collection there on. I filed a dispute with XXXX in XX/XX/XXXX. On XX/XX/XXXX XXXX reported the my credit file had been updated, but the negative payment history was not removed from my report and my credit file was updated and it was suggested that I reach out to the lender to file a dispute with them. I contacted Ally Financial on XX/XX/XXXX and was given a direct fax number to the department that handles their disputes. I faxed a copy of my divorce decree to support the dispute on XX/XX/XXXX. I also filed disputes with XXXX, XXXX and XXXX at that time and provided supporting copies of my divorce decree. All have resulted in some sort of update to my credit report, however, the negative history remains. Additionally, I received a loan extension agreement from Ally dated XX/XX/XXXX. I was never consulted about the extension agreement prior to being put into place. This is very damaging to me as I was forced to purchase my home at a higher interest rate, and am currently trying to refinance, but am unable to until my credit score increases and the {$20000.00} debt no longer impacts my debt to income ratio. Per my divorce decree my ex husband, his lawyer and Ally Financial had 45 days from finalization of the decree to have this issue corrected. As a result, Ive paid an incredibly significant amount in interest on my home loan that was unnecessary and has put me and my children under significant financial hardship.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 450XX
Submitted Via: Web
Date Sent: 2022-03-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-10
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I have been in contact with Ally trying to get an explanation to my pay off balance of {$16.00}, XXXX as of XX/XX/XXXX. I purchased the car XX/XX/XXXX at {$17000.00} with 18.59 %. I had paid almost {$12000.00} and they applied 99 % of my hard earned money to the finance charges and 1 % to the principal. How is this possible and legal for a bank to do this. I have never had a car loan from a bank that does this and I've had several car loans. Please note that the pandemic caused shutdown for months and I was out of work from 2 of my jobs and I still was able to make payments even if it was the full amount.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MO
Zip: 640XX
Submitted Via: Web
Date Sent: 2022-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-10
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: ON XXXX of 2021 i realized a 30 day car late on my credit report for XX/XX/2021 by Ally Financial for my car lease, after reviewing my documents, i realized that this happened because the company failed to update my statement and didnt send me an statement for the month of XX/XX/2021, I reached out to Ally financial on XX/XX/XXXX of 2021 and I spoke to a representative and I complained they should take care of the XX/XX/2021 late reporting, since the companies neglecting of not sending me a statement resulted on the late, the representative told me she will take care of it and with 45 days I will see a change on my credit report, however after 45 days I called again to see if there is an update and there wasnt any changes or note in this matter, so I asked for a supervisor, and the representative transferred me to a supervisor by the name XXXX XXXX and after discussing with her the above issue she promised me she will send the right documents to the credit bureaus to remove the late mark on my report, and I will see the change within 30 days, after that period I checked and there was no update I called back the supervisor XXXX and she agreed that the company failed to send the document to to the bureau and she apologized for this, however we up now to 71 days and there is no result and ally financial representative and supervisor agreed with me that they failed by taking care of the issue in the right time.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 11204
Submitted Via: Web
Date Sent: 2022-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A