Date Received: 2021-11-13
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: On XX/XX/XXXX I entered into a consumer credit transaction for my XXXX white XXXX XXXX at XXXX XXXX XXXX in XXXX, GA. The finance manager who assisted me was XXXX XXXX. I never received an explanation, walk through, or full disclosure on the contents of the contract and promissory note. I didnt receive a copy of the contract until several months later, XX/XX/XXXX, although I requested it from both XXXX XXXX XXXX and ALLY FINANCIAL. On XX/XX/XXXX I mailed via certified mailing ( attached below ) a tender of payment for full satisfaction of claim of the car. I did this conspicuous and in good faith pursuant to UCC 3-11 and UCC 3-603 . UCC 3-603 states If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender ... and UCC 3-311 states If a person against whom a claim is asserted proves that ( i ) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim. ALLY FINANCIAL never sent me a notice of dishonor nor did anyone explain why my lawful payment for discharge of the debt was rejected. My documents sent for discharge of the debt was never returned to me, instead I received copies of them. I asked a rep for ALLY for the return of my documents from XXXX to XXXX and I was initially told they didnt receive anything, then I was told I couldnt get my documents back, lastly I was told it would be mailed to me. I have yet to receive my documents. I was sent a letter stating that my payment was rejected and it was not an acceptable form of legal tender and only money orders, cash, and certified checks are acceptable forms. But pursuant to HJR-192, Public Law 73-10 and Title 31 USC 5118 prohibits Banks/creditors from demanding any specific specie of payment. All Banks must process lawful United States currency. Failure to do so is interference with commerce, a felony under the RICO ACT, 18 USC 1951. a Federal US court of appeals ruled on Title 31 USC 5118. As of XX/XX/XXXX, legal tender for discharge of debt is no longer required. That is because legal tender is not in circulation at par with promises to pay credit. Requirement of repayment of debt is against Public Policy, since legal tender was not loaned [ nor in circulation ] ALLY can not demand payment in any [ particular ] form of coin or currency or legal tender and repayment [ or payment ] need only be made in equivalent kind ; A negotiable instrument. ALLY FINANCIAL has committed embezzlement, theft by deception and extortion failing to discharge all debts pursuant to 73RD CONGRESS. SESS 1. CHS. 48 49. XX/XX/XXXX, XXXX HJR 192 HR 1491 PUBLIC LAW 1 48 STAT 1 PUBLIC LAW 10 CHAPTER 48 STAT 112 PUBLIC LAW 73-10 40 STAT 411 TRADING WITH THE ENEMY ACT ( TWEA ) OCT 6, 1917. After receiving my contract I realized Ive been violated in more than one ways. My car was paid at the time of the transaction via the promissory note as a negotiable instrument. ALLY FINANCIAL never loaned me credit as its stated in the contract. Banks can not lend credit. I have, through research, learned the following to be true and most likely applies to me, which is the reason I have requested and demanded ALLY to validate their claims and produce pursuant to applicable law. ALLY allegedly loaned me their money or creditwhen in reality they deposited ( credited ) my promissory note and used that deposit to pay my seller. I demanded for ALLY to provide me with validation of debt owed by providing documentary evidence of the private and public side of the ledger to show where they loaned anything to me or on my behalf. I have yet to receive the information I requested pursuant to 12 CFR 1026.13 and 15 USC 44. I extended my credit for the transaction and provided my autographs of the promissory note which funded the entire transaction. In the contract it states that I may buy the vehicle for cash or on credit, and I did both. I put a down payment down and purchased on credit which is a violation of 15 USC 1662 ( 2 ) and 15 USC 1605. Pursuant to 15 USC 1605 The finance charge in connection with a consumer credit transaction is the sum of all charges and does not include charges of a type payable in a comparable cash transaction. My car was repossessed XX/XX/XXXX even though ALLY didnt have the right to. There wasnt disclosure in the contract that a third party would be participating in anything dealing with the taken of my car. I have not been notified that my car was sold whatsoever. ALLY FINANCIAL stole my vehicle, promissory note, my tendered payment, and federal reserve notes for alleged car payments. My contract doesnt contain the proper notice pursuant to 16 CFR 433.2. Theres suppose to be consideration on both sides in order for a contract to be valid. I have not received any consideration in this contract and have giving too much for nothing. This is FRAUDULENT and disrespectful to me. This whole ordeal has caused me anxiety, stress, humiliation, sleepless night, my fianc stress while pregnant, loss of wages because of no transportation, and ruined my credit reputation.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AL
Zip: 35215
Submitted Via: Web
Date Sent: 2021-11-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-14
Issue: Getting a loan or lease
Subissue: Credit denial
Consumer Complaint: Dear ALLY BANK Pursuant to 15 USC 1681A ( K ) your company ALLY BANK have taking adverse action against me On XX/XX/26 XXXX Clearly where federal law states it is a violation of my consumer rights, its clearly states 15 USC 1681 B ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit. it doesnt mentions a denial of credit it only mentions being denied for insurance or employment 15 USC 1681 A ( K ) ( i ) ( ii ). Your company used my credit card ( AKA SSN ) 16 CFR 433.1 ( h ) Credit card issuer. A person who extends to cardholders the right to use a credit card in connection with purchases of goods or services. In a consumer credit transaction 12 CFR 1002.2 ( h ) Consumer credit means credit extended to a natural person primarily for personal, family, or household purposes. I did not received & benefit in this transaction which is identity theft Pursuant to CFR 1026.12 ( B ) ( 1 ) ( i ). Your Company ALLY Bank said in there letter that the reporting agency played no part in your company decision and cant supply specific reasons of why ALLY BANK denied me credit and then False and Misleading me the Consumer by saying your company ALLY BANK decision was based in a whole or in part on information that came from the consumer reporting agency. Pursuant to ECOA ( Equal Credit Opportunity Act ) Regulation that aims to give all legal individuals an equal opportunity to obtain loans and other types of credit from financial institutions/ lenders under Title 15 your company ALLY BANK are prohibit by lenders in any aspect of granting credit to an individual. The acts purpose is to prevent lenders from using race, color, sex, religion or other non- creditworthiness factors when evaluating a loan application, establishing terms of a loan, or any other aspect of credit transaction. Organizations that have shown a pattern of discrimination can have lawsuits brought against them by the Department of Justice. CFR 1002.7 Rules concerning extensions of credit ( a ) Individual accounts. A creditor shall not refuse to grant an individual account to a creditworthy applicant on the basis of sex, marital status, or any other prohibited basis ALLY BANK your False and Misleading me the Consumer your company accept my credit application but claim Your company ALLY BANK denied me the consumer credit Im giving you a opportunity to cure this matter 15 USC 1691 ( b ) Activities not constituting discrimination It shall not constitute discrimination for purposes of this subchapter for a creditor ( 1 ) to make an inquiry of marital status if such inquiry is for the purpose of ascertaining the creditors rights and remedies applicable to the particular extension of credit and not to discriminate in a determination of credit-worthiness ;
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33023
Submitted Via: Web
Date Sent: 2021-11-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-13
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: My name is XXXX XXXX, and I am sending this request myself to address the inaccuracies on my Credit Reports. Also, this is to inform you that there is no third party involve in this process. Upon reviewing my updates, incorrect information was found in my reports. The Credit Bureaus have not complied with the Fair Credit Reporting Act, 15 USC Sections 1681i, and continued reporting as unverified information without any proof provided, within the time allowed by law, is not authorized. Below is the inquiry that is reporting on my Credit Report : ALLY FINANCIAL Date of inquiry XX/XX/2021 ALLYFINANC Date of inquiry XX/XX/2021
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DE
Zip: 19805
Submitted Via: Web
Date Sent: 2021-11-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-13
Issue: Closing an account
Subissue: Company closed your account
Consumer Complaint: I have been banking with the bank for more than 4 years during this time unfortunately my account was compromised several times and I reported it on time to the bank. Followed there dispute process and everytime the disputes were resolved under my favor. My monthly salary and my late husbands pension gets transferred to this bank since then. And this is the o my bank I have as my primary bank. All my direct deposit is and ach towards rent bill pay and autopay and insurance goes from this. Suddenly bank decieded to close the accounts stating banks decision. This has created a huge turmoil within my financial transacting position. My payroll and all other deposits are affected and am not able to get my banking done. I have been emotionally stressed and need urgent help.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33311
Submitted Via: Web
Date Sent: 2021-11-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-13
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: My name is XXXX XXXX and I am sending this request myself to address the inaccuracies on my Credit Reports. I'm not swayed that XXXX and XXXX Bureaus efficiently pleased the principles of the Fair Credit Reporting Act in completing their investigation. The Bureaus are reporting inaccurate information on ALLY FINANCIAL. Per FCRA, reporting must be 100 % accurate or the information must be deleted.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: SC
Zip: 29550
Submitted Via: Web
Date Sent: 2021-11-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-12
Issue: Getting a loan or lease
Subissue: Credit denial
Consumer Complaint: I am XXXX XXXX XXXX and I'm submitting this complaint myself and there is no third party involved. I, XXXX XXXX XXXX, consumer, natural person, and original creditor of an open-end credit plan, was denied my right of credit by ALLY FINANCIAL INC. d/b/a ALLY Bank. I was notified of this transgression of my rights, specifically 15 USC 1601- The Truth in Lending Act, by ALLY FINANCIAL INC. d/b/a ALLY Bank on XX/XX/2021 via mail. According to 15 USC 1602 definitions of The Truth in Lending Act, I as a natural person possessing an open-end credit plan was harmed by ALLY FINANCIAL INC. d/b/a ALLY Bank adverse action taken against me denying my rights, of which the civil damages pursuant to 15 USC 1640 ( a ) ( 2 ) ( A ) ( li ) are up to { {$5000.00} }. ALLY FINANCIAL INC. d/b/a ALLY Bank is now civilly liable to pay me for the damages. REMEDY Pay me {$5000.00} for damages.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DC
Zip: 20019
Submitted Via: Web
Date Sent: 2021-11-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-12
Issue: Struggling to pay your loan
Subissue: Loan balance remaining after the vehicle is repossessed and sold
Consumer Complaint: In XXXX of XXXX, I contacted Ally Financial so I can voluntarily surrender my vehicle and my wife 's vehicle because I was on XXXX XXXX orders and I was also the only one working. In addition, I explained that we have XXXX kids, but that my wife and I took into our home an additional XXXX children from family members because they were basically homeless and were not attending school. The surrender of the vehicles immediately added more than {$1100.00} per month ( from car payments, insurance, fuel, and maintenance ) back into the budget and helped ease the burden of the increase in family. My wife used to work from home as a customer service rep, but was let go by the company because customers started complaining about all the noise in the background ( this was before COVID-19, so kids bickering in the background was not as acceptable as it is today ). My complaint is that Ally Financial took the two cars back, and just like most auto finance companies, most likely sold them at auction, used one of their " sister '' agencies to buy the car back ( for pennies on the dollar ) to put it back on the market for reselling, and wrote off the remaining balance when they did their taxes. And for the last three years, Ally has been reporting to the credit bureaus an outstanding balance that WE ALL KNOW was satisfied back in XXXX when they wrote it off in their taxes. So, my question is this : 1. Is the SCRA really protecting Servicemembers when credit companies can easily bypass the SCRA and go after Servicemembers to collect a debt they have already got compensated for, either directly ( through a tax write-off ) or indirectly by using a third-party " sister '' agency to buy back repossessed property for pennies on the dollar, selling it for more profit, and then trying to DOUBLE DIP by reporting to the credit bureaus an arbitrary balance that no longer exists, in an attempt to intimidate Servicemembers to pay for a balance that was written-off and the property resold for a bigger profit? 2. How many Servicemembers ( and consumers ) are being screwed this way? 3. Are there any lawyers out there that would be interested in starting an inquiry to see how many credit companies are practicing these tactics, and whether there are grounds for a class-action lawsuit?
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DE
Zip: 19901
Submitted Via: Web
Date Sent: 2021-11-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-12
Issue: Problems at the end of the loan or lease
Subissue: Problem while selling or giving up the vehicle
Consumer Complaint: I turned in my vehicle on XX/XX/2021 to the dealership, and received a letter from Ally Financial on XX/XX/2021 confirming that the account was settled. I subsequently received a bill from the California DMV for registration for the year starting XX/XX/2021. I ignored the notice, figuring the car was now back in Ally 's hands. When I received a second DMV notice, I sent correspondence to DMV, called the dealership and Ally, and was assured it was just a delay in processing title. I have now received yet another notice from California DMV threatening wage garnishment due to the registration fees for a vehicle I no longer own. I have spent hours attempting to reach a responsible party at Ally, and have been mis-transferred, disconnected, or simply left on hold for hours on end. Ally had me call what the agent called " title department '' on XXXX, and I was told this was Ally 's responsibility, not theirs. Ally 's cavalier handling of the matter is irresponsible and offensive. I suspect Ally 's " incompetence '' is in fact a scheme to get me to pay for their registration on their vehicle - this seems like an outright scam.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 90004
Submitted Via: Web
Date Sent: 2021-11-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-12
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: 33311
Submitted Via: Web
Date Sent: 2021-11-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-12
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 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. I want an answer immediately.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NC
Zip: 28314
Submitted Via: Web
Date Sent: 2021-11-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A