Date Received: 2021-11-16
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: This is my responce to ally financial, this is my last warning to your corporation and final draw. The contract you sent me has signatures on it that my original copy does not have, this is constructive fraud, The law in this regard is relatively straightforward. A trust is not a legal entity and therefore lacks legal capacity. The trustee must undertake all legal formalities pertaining to the trust arrangement. CONSTRUCTIVE FRAUD Under contract law, a defendant can be liable to a plaintiff for constructive fraud if there was : ( 1 ) a false misrepresentation ; ( 2 ) in reference to a material fact ; ( 3 ) for the purpose of inducing the other party to rely on such representation ; 4 ) on which the other party did justifiably rely ; ( 5 ) which resulted in damages or injury; and ( 6 ) a fiduciary relationship between the parties. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ( XX/XX/XXXX). Bad intent or dishonesty is not a requirement to satisfy constructive fraud. The elements for actual and constructive fraud are the same with two exceptions : constructive fraud drops the element of scienter -- knowledge on the part of the injurer of the representations falsity -- and adds the element of a fiduciary relationship. There's no lawful money to pay and debt which means constructive fraud is being performed in everyone that accepts credit cards and federal reserve notes which are " debt vehicles '' This debt is a obligation of the United States 18 usc 8 Banks do not loan money and its ur duty to borrow 12 usc 1431 Ally financial shall provide a bank statement from there personal account proving they loaned me money, since they are saying I owe them. You took XXXX down payment violation of 15 usc1605, you also violated cease and desist as your still sending me threats for repo when you never had possession of my property to begin with, that will be theft if you touch my personal property. As far as the repo man you shall warn him if he come and takes my property he will be breaking the cease and desist order and will be just as guilty in fraudulent activities, Also your 30 days has expired as my affidavit of truth unrebutted stands as truth in commerce and there is no statue of limitations on fraud you should have responded to my facts line by line in another affidavit but you failed to respond to it, and should have been no problem if everything you are saying is true Once again this is your opportunity to cure if not I will go further and you will not win this im a living man, original creditor, natural person. And have all evidence on fraud and my consumer rights that have been violated,
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85021
Submitted Via: Web
Date Sent: 2021-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-16
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Ally Auto reported to XXXX and the other credit bureaus probably an {$8.00} charge on the total balance of my installment loan. Bureau says they just list what Ally tells them and Ally says they don't see that and checked my credit to do so. I will file a dispute but that already has been listed on my credit report and is making my report look bad. I will have to file disputes with the other bureaus as well. I am never late.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: LA
Zip: 707XX
Submitted Via: Web
Date Sent: 2021-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
Issue: Managing an account
Subissue: Problem using a debit or ATM card
Consumer Complaint: Hello- Thank you for your time investigating this manner. This is the fairly abbreviated version of what transpired but happy to provide more insight if needed. Last week my wife discovered a fraudulent {$90.00} charge on our joint checking account at Ally. I immediately called Ally and confirmed it was not my debit card but my wifes. Ally asked to speak with her ( even though I should be authorized ) which was fine as she was right next to me. The lady on the phone said the charge was pending and that we would need to wait a few days to see what happens. In the meantime, she suggested we freeze our account ( no access to funds ) however if we needed to unfreeze the account we could simply call and it would happen immediately. The fraudulent charge was ultimately caught by the merchant and reversed so today my wife called Ally to 1 ) have the freeze removed and 2 ) issue a new debit card since the original was compromised. My wife was on the phone for nearly 30 minutes, correctly answered all of the security questions and was told they could not verify/authenticate her. She questioned what that meant and they said she would be called in a few days. She continued to ask what was going on and was not given any avenue to fix the situation. I then called and spent 45 minutes on the phone with them going through the same hoops. DOB, SSN, mothers maiden name, high school, etc. I answered these questions correctly. Also, the phone number I called from is the main number on the account. The lady said she could not authenticate me and I would need to wait 2 days for someone to call. I asked to speak to a supervisor. After a lengthy hold, the extremely rude supervisor talked down to me and was not responsive to my questions. Very short answers and quick-tempered. I asked how I could not be verified given all the information provided and she would not answer my question directly. She said it was a computer system thing and to wait 2 days. I have no other options. I asked for just generic reasons ( not specific to me or my account ) why this would happen and she said she wasnt allowed to give me any information. Very rude and I was not satisfied with this interaction at all. This is concerning to me that a financial institution can lock up my savings and checking accounts without any reasoning or information given. I was not allowed to speak to the security team who allegedly is in control of the situation. My wife and I both answered all of their security questions and were calling from our registered phone numbers. While living off of credit cards for a few days isnt a big deal, it would be very concerning for anyone who doesnt have that option or has an emergency where they need cash immediately. There should be protections afforded to the client in these situations. I could have easily given them drivers license info, passport info, jumped on a video chat to show them all of my documents, etc. There was absolutely no explanation given as to why we were unable to resume our account transactions. This is especially concerning when we were told removing the freeze on the accounts would take a simple phone call to them. How could our information be good enough to gain access to account information and freeze the accounts, but not good enough to unfreeze them? Again, thank you for the time and please let me know if I can provide any further information.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: VA
Zip: 23236
Submitted Via: Web
Date Sent: 2021-11-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
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: My name is XXXX XXXX, and I am sending this request myself to address the inaccuracies on my Credit Reports. This account is inaccurately and erroneously reporting. Their intentional and willful furnishing of inaccurate information is a violation of FCRA Section 623. I have done many attempts to reach out to XXXX Credit Bureaus but they failed to give me any results or feedbacks about this concern. Please investigate and correct it from my personal credit file. Thank you.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 95023
Submitted Via: Web
Date Sent: 2021-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: After reading and understanding my federal rights as a consumer, I noticed fraudulent activity happening within the retail installment contract. The FDCPA intends to secure consumer right to privacy, and my privacy has been breached. There is abundant evident evidence that proves Ally financial has been participating in abusive, deceptive, and unfair debt collection practices. After stating claim and disputing the fraudulent activity, Ally financial is still attempting to collect a debt that is not owed. As a Consumer, original creditor, and natural person within the Truth and Lending section of the retail installment sale contract. The holder of the contract is subject to all claims and defense. Pursuant to 15 U.S. Code 45. Im reporting this activity to CFPB because my rights have been violated. Pursuant to 15 U.S. Code 1692k, Ally Financial willfully failed to comply with the requirement under the provision of 15 USC 1692 ; therefore, Ally Financial is civilly liable for causing me mental anguish. I have attached all supporting documents along with my Affidavit of Truth
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: VA
Zip: 22003
Submitted Via: Web
Date Sent: 2021-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
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: My name is XXXX XXXX, and I am sending this request myself to address the inaccuracies on my Credit Reports. I have a loan with ALLY FINANCIAL. I have always made my payments on time. For some reason, I realized that there was a late payment on my credit report. As you can see, I have always had a terrific payment record with this company. I tried contacting the XXXX and XXXX Credit Bureaus with no successful resolution. There was definitely an error on their part. Investigate and update the current status to reflect accurately.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NV
Zip: 891XX
Submitted Via: Web
Date Sent: 2021-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Dear Sir or Madam, 1. ALLY FINCL Account Number:XXXX Please correct this inaccurate information on my credit report. I recently pulled my credit report from your Bureau and my attorneys and I had a chance to go over my credit report and in amazement, that you have decided to report me 30 days late on this account in XX/XX/XXXX and XX/XX/XXXX. I immediately disputed this information with ALLY FINCL and the results of the investigation came back " verified ''. Not only was I never late on this account, but according to the Fair Credit Reporting Act ( FCRA ), the information furnisher is required to notify me of the insertion of negative listings. Since I have disputed the lates with the creditor, and you obviously " verified '' them, I am very curious as to what kinds of " records '' you may have for this alleged account. I am very confident that you are in violation of the ( FCRA ) and ( FCBA ) sections ( 1666, 1666a. 1666b., and 1666c. ) as stated below : 1666. Correction of billing errors ( b ) Billing error ( 4 ) The creditor 's failure to reflect properly on a statement, a payment made by the obligor or a credit issued to the obligor. ( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. ( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required. ( 7 ) Any other error described in regulations of the Bureau. 1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. ( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency. ( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. 1666b. Timing of payments ( a ) Time to make payments 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 163XXXX ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. Because I take my credit very seriously, I contacted every name and account that was listed on the report. I was again very shocked by the multiple names, account numbers and figures. Included with this letter, is every letter written to those who have hampered my ability to obtain credit. I believe that any judge that looks over the report would agree that it is a violation of both the FCRA, CCPA and FACTA. The following accounts were listed on your report and I have demanded from them a full accounting and five years worth of records to see if their accounts were in violation of the FAIR CREDIT BILLING ACT ( FCBA ). We also demanded signed contracts, agreements or any legal paperwork that would tie us to the following accounts. Under the FCRA, you are required to conduct an investigation on this account if I request it. I DEMAND to see all 100 % verifiable proof that I was indeed Verifiably late on these accounts and the creditor fulfilled its obligations under ( FCBA 1666 ( a ) ( 2 ) ), As I was never notified of a billing delinquency on my accounts, which the creditor must do under section ( FCBA1666 ( b ) ( 6 ). I DEMAND to see proof that I was mailed my statement to the correct address notifying me of both payment due date and delinquency of payment on the account. If you can not provide 100 % Verifiable proof and proper documentation that the CREDITOR fulfilled its obligations under the ( FCBA ) and ( FCRA ), I therefore demand these late payments be removed from my account or I will be forced to be in contact with the Attorney General of my State and the Consumer Financial Protection Bureau. I therefore am submitting my written request to you to conduct an investigation. Per the FCRA, you have 30 days to conduct this investigation and respond to my request. If you do not respond within this time period, per the FCRA, you must remove this negative information. Thank you for your time, XXXX XXXX SS # : XXXX Date of Birth : XX/XX/XXXX BCC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 75241
Submitted Via: Web
Date Sent: 2021-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Because of this incident, I have filed a dispute on the incorrect fraudulent accounts, inquiries and public records on my credit report with the credit reporting agencies and it has been very much over 30 days and I have not received any investigation results.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33612
Submitted Via: Web
Date Sent: 2021-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-14
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I called Ally Bank to report identity theft. An overwithdrawn amount was sent to collections that I did not know about. I have been trying to dispute with Ally Bank debit for my checking account and had no chance to dispute it with the collections agency because I had no idea it existed. Someone tried to cash checks in my name. Overwithdrawn by XXXX and sent to collections.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 08816
Submitted Via: Web
Date Sent: 2021-11-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-14
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I have a car loan with Ally, I have not been able to check my balance on their website for XXXX weeks. I called Ally many times and they told me its because I almost finish paying the loan. Thats not a reason to block me from checking my actual balance and amount of interest on my account. It takes a lot of time to speak with someone at Ally and at this moment do not know any information on my loan. Every time I have the chance to speak with customer service they request me to make a payment with out telling me how much is for the actual Loan and how much is for interest and late fees. When I know for a fact that I can pay interests at the of the loan. Thats misleading of information, they should not omit giving the proper information. And I still have no information about a previous complaint that I submitted on XX/XX/XXXX with Ally.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CT
Zip: 06511
Submitted Via: Web
Date Sent: 2021-11-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A