Date Received: 2021-07-28
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 in regards to the incorrect items on my credit report it has been over 30 days and I have not received investigation results
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 19104
Submitted Via: Web
Date Sent: 2021-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-28
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: Ally Auto Financial sent to the credit bureau that I was delinquent {$0.00}. This made my credit score go down 44 points. On XX/XX/XXXX a woman reached out to me saying she would investigate and call me back within a week. I still have not heard back and when I reach out to the company they will not put me in direct contact with her or help me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 206XX
Submitted Via: Web
Date Sent: 2021-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-28
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I am not liable for this debt with ALLY FINANCIAl plus they did not provide me with the original application like I asked. Account No:XXXX Amount Disputed : XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 346XX
Submitted Via: Web
Date Sent: 2021-07-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I had a car loan that i was caught up on with payments and wasnt over due during the time of the wreck. I also had GAP and full coverage at the time of the accident that was not my fault. However, dealing with the insurance companies took longer than it shouldve so i missed a payment. The company charged me for that month and I believed that it was paid off and good to go since the accident was not my fault and i had full coverage and gap insurance. At the most i owed was one payment of XXXX.I purchased a new car but after that I received a letter in the mail stating I still owed a months payment on the car which I told them the GaP shouldve covered and they said it didnt. They had sold the policy to another agency and the more interest was added which during the last conversation I offered to pay {$500.00} to close out and they declined at the time saying I needed to pay $ XXXXI refused because that was ridiculous for an accident that was not my fault, and i had full and Gap coverage. I've realized that now i have a charge off on my report for XXXX. I have tried to get this removed but had little help. Please help anyway that you can. Thank you.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NC
Zip: 28409
Submitted Via: Web
Date Sent: 2021-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-26
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I, XXXX XXXX entered into a consumer credit transaction with Ally Financial a consumer credit transaction in which a finance charge was involve. 15 USC 1605 defines a finance charge as the sum of all charges in a consumer credit transaction. The Finance charge is suppose to include insurance, but Ally Financial made me purchase insurance separately. Also, I sent Ally Financial a cease & desist and they are still calling and harassing me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 75253
Submitted Via: Web
Date Sent: 2021-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-26
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I just looked at my credit report and saw that I had 5 Inquries pop up on my XXXX on XX/XX/XXXX, 1 on XX/XX/XXXX, 1 on XX/XX/XXXX, 1 on XX/XX/XXXX and 1 on XX/XX/XXXX. Then on my XXXX I see 5 Inquries on XX/XX/XXXX. I don't know where any of these inquires came from and they are affecting my report.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 18062
Submitted Via: Web
Date Sent: 2021-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-26
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Account with Ally is paid in full. Still shows on all credit services. Ally said the reported paid off closed on XX/XX/2021. None if the credit companies have received payoff information. Ally states they will fax payoff letter and do not do it. I have disputed with each credit company. Still unable to get it removed from my or my husbands credit
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30043
Submitted Via: Web
Date Sent: 2021-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-26
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: I started a new employer and set up direct deposit into my account on XXXX XXXX I received a paper check instead of direct deposit is it was the first one going into the account the bank proceeded to put an extended hold on my payroll and would not allow access or verify that the check had cleared which in turn overdrew my water bill charging me another {$70.00} in fees and I also was not able to open another bank account elsewhere because Ally Bank have done multiple inquiries on my XXXX XXXX report which are repetitive senseless and on authorized by me which is preventing me from moving my relationship from them I have been a long-time customer they stated this was due to previous overdraft which my account was not negative when this deposit went in there was zero risk as I do not have overdraft on honor, and it does not take over six days to clear a check electronically in todays day and age I have 16 years XXXX experience and XXXX in a corporate setting Im not sure why they failed to see the pre-note coming into the account from my new employer to verify indeed this was a payroll check their customer service has been horrible I have been penalized and charged for senseless reasons and I want reimbursed for these excessive fees that I was charged in this regard I want all their inquiries removed from my XXXX XXXX report
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 32129
Submitted Via: Web
Date Sent: 2021-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-22
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: I provided the company a new address and sent them an email over 2 weeks ago stating that I am in an MST zone, however they still continue to contact me outside of the guidelines. I just received a call at XXXX XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85209
Submitted Via: Web
Date Sent: 2021-07-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-22
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Affidavit of Fact I, The natural Living man, The original creditor have extended my open ended consumer credit to Ally Financial to have it extended back to the Consumer, Myself, using an open ended consumer credit plan Under the Corporation of the United States of America, securely bonded in Surety and trust within my Certificate of Live Birth. Under 15 U.S. Code 1610 - Effect on other laws ( c ) Disclosure as evidence In any action or proceeding in any court involving a consumer credit sale, the disclosure of the annual percentage rate as required under this subchapter in connection with that sale may not be received as evidence that the sale was a loan or any type of transaction other than a credit sale. Ally Financial is not a federal, but a commercial institution, so by federal law jurisdiction Ally Financial is a debt collector ( debtor ). Because Ally Financial, is a non-living non breathing entity, they have misused my extension of living open ended consumer credit ( SSN ) and signature to create a fraudulent loan to which they had become the borrower and debtor to the Federal Reserve Bank. They have falsified documents and furnished consumer reports stating that their corporation was the " original creditor ', yet by law had no right to the extension of living credit to offer the living consumer, myself. FDIC rules prevent banks from loaning their own assets or the assets of their depositors- proving the banks do not and can not provide value for value and have no valid security interest. The Lender in any loan transaction In the United States NEVER lends anything of reasonably equal value to the Borrower and any contract formed is defective for false advertising, semantic deceit, non-disclosure, and lack of equitable consideration. Bank transactions require a legal object and purpose. Ally Financial has committed illegal acts, Fraudulent representation of fact and Lending of credit instead of money, also unfair debt collection practices and harassment through repossession of an asset which Ally had no security interest. 15 U.S. Code 1692f.Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; A loan can not be formed in truth and validity from a CONSUMER CREDIT TRANSACTION. See : There is no doubt but what the law is that a national bank can not lend its credit or become an accommodation endorser. National Bank of Commerce v. Atkinson, 55 E471 See : In the Federal courts, it is well established that a national bank has not power to lend its credit to another by becoming surety, endorser, or guarantor for him. Farmers and Miners Bank v. Bluefield Natl Bank, 11 F 2d 83, 271 U.S.669 See : Neither, as included in it powers not incidental to them, is it part of a banks business to lend its credit. If a bank could lend its credit as well as its money, it might, if it received compensation and was careful to put its name only to solid paper, make a great deal more than any lawful interest on its money would amount to. If not careful the power would be mother of panics Indeed, lending creates a liability in favor of the bank, the former gives rise to a liability of the bank to another. I Morse. Banks and Banking 5th Ed. See 65 ; Magee, Banks and Banking, 3rd Ed. See 248. American Express Co. v. Citizens State Bank 194 NW 429. Ally Financial, by Federal law is also a consumer reporting agency and debt collector, who collected upon a not only fraudulent, but nonexistent alleged debt. FDCPA and TILA does not specify OR define the term borrower or loan therefore this notion of debt can not be validated in truth even in the highest federal court. 15 U.S. Code 1692a - Definitions ( 4 ) The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. Understand, when an organization initiates a loan in a persons commercial name using their open-ended consumer credit plan, then creates and furnishes a deceptive form to make a loan appear valid, this is in fact Identity Fraud. That organization shall pay interest to the Consumer for his or her extension of open-ended consumer credit within the Corporation of the United States. See : the bank is allowed to hold money upon personal security, but it must be money that it loans, not its credit. Seligman v. Charlottesville Nat. Bank, 3 Hughes 647, Fed Case N0. 12, 642, 1039. Section 103 ( b ) ( E ) ( 2 ) of the Depository Institutions Deregulation and Monetary Act of 1980, Public Law 96-221 admits that in the United States, neither paper currency nor deposits have value as commodities. Intrinsically, a dollar bill is a piece of paper and deposits are merely book entries. A Bank, non-living entity, can not Lend funds or Extend credit, therefore a bank can not be an original creditor of any natural person 's consumer credit transaction. The Documentation you have presented constitutes, Identity theft and fraud. Congress however states, under 12 USC 1431 that banks may Borrow and give security therefor and to pay interest thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve, and to do all things necessary for carrying out the provisions of this chapter and all things incident thereto. See : First Bank of Montgomery v. Jerome Daly, 1968 ( credit river decision ) See : A National Bank has no power to lend its credit to any person or corporation Bowen v. Needles Natl Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S. Ct. 1024, 176 US 682, 44 LED 637. See : The Doctrine of Ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporate chapters, and it is probably not invoked too often Zinc Carbonate Co. v. First National Bank, 103 Wis 125, 79 NW 229. American Express Co. v Citizens State Bank, 194 NW 430. See : A bank may not lend its credit to another even though such a transaction turns out to have been of benefit to the bank, and in support of this a list of cases might be cited, which-would look like a catalog of ships. [ Emphasis added ] Norton Grocery Co. v. Peoples Nat. Bank, 144 SE 505. 151 Va 195. See : It is not within those statutory powers for a national bank, even though solvent, to lend its credit to another in any of the various ways in which that might be done Federal Intermediate Credit Bank v. L Herrison, 33 F 2d 841, 842 ( 1929 ) See : A bank can lend its money but not its credit. First Natl Bank of Tallapoosa v. Monroe 135 Ga 614, 69 SE 1124, 32 LRA ( NS ) 550 Bank transactions require a legal object and purpose. Ally Financial has committed illegal acts, Fraudulent representation of fact and Lending of credit instead of money, also unfair debt collection practices and harassment through repossession of an assets which Ally had no security interest. Under 15 U.S. Code 1692f.Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; Ally Financial willfully intended to deceive, the original creditor into a fraudulent contract named a loan } XXXX had taken place. I know who I am, and I Am Invoking my specified remedy as an original creditor and consumer in this consumer credit transaction. If Ally Financial continues to report falsified information on my consumer ( Repossession, Late Payments ) which was constructed willfully in fraudulence and identity theft, I shall be forced to pursue federal litigation with the presentation of facts and exhibits to support my stance. It is impossible to pay on a Positively reflected balanced debt or charge. Ally financial, mislead the consumer, when in fact the Alleged debt balance showed it has already been accounted for. Why did this number not reflect in a negative balance? 15 U.S. Code 1692h.Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumers directions. By powerful will invested in truth of federal law, Return all prior payments to the Original Creditor, Myself.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NV
Zip: 89103
Submitted Via: Web
Date Sent: 2021-07-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A